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HomeMy WebLinkAbout2017-10-24 10:00 AM REGULAR MEETINGBRAZOS COUNT' BRYAN,TEXAS r^C���v�sLtir ��`a NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 24, 2017 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions Recognition of Katie Conner, Brazos County Auditor, receiving the 2017 Jerry Ware Leadership Award from the Texas Association of County Auditors. Consider and take action on agenda items 4-25: 4. Approval of the 2017 Brazos County Tax Roll per Section 29.09(e) of the Texas Property Tax Code. 5. Consideration and approval of an order authorizing the issuance of "Brazos County, Texas Limited Tax Refunding Bonds, Series 2017', authorizing an escrow agreement and a paying agentiregistrar agreement; and approving other matters relating thereto. 6. Consideration and approval of an order authorizing the issuance of "Brazos County, Texas Certificates of Obligation, Series 2017"; authorizing a paying agent/registrar agreement; and approving other matters relating thereto. 7. Request for out of state travel for Barbara Roberts to attend the Juvenile Detention Alternative Initiative (JDAI) National Fall Leadership in Orange County, California; dates of 'travel are November 29 -December 1, 2017. 8. Request approval of Non -Profit Organization application for Brazos County Inmate Vol. 262 Pg. LL Work Crew Labor for the Radio M'A`S`H organization to have workers help the National Guard put up tents on designation times Nov 28th and December 4th 2017. 9. Request from the Expo Complex for a one-time variance to the Brazos County Nepotism Policy which relates to hiring one temporary employee.. 10. Approval of the following job descriptions: • a. Class Code 0832, Position 1 -Temporary Attendant, Building & Grounds (1040hrs) for Exposition Complex • b. Class Code 0832, Position 3 - Temporary Attendant, Building & Grounds (1040hrs) for Exposition Complex • c. Class Code 2601 - County Engineer for Road & Bridge Department 11. Authorize the County Judge to sign letter appointing Michael Hare as primary representative and Thomas Gilbert as the alternate representative to the NPSPAC Region 40 800 MHz Regional Review Committee and the 7-�te,:- 'a-°-.'� Ee� effective for the remainder of 2017 through the regular two-year term ending on December 31, 204 12. Appointment of Captain Paul Ryerson of The Salvation Army as the Donations Coordinator (DC) for Brazos County 13. Medical Malpractice Kinsale application & quote. 14. Approval of the Bryan Broadcasting Radio Tower Lease Reimbursement Agreement between Brazos County and the BVCOG - October 1, 2017 through December 2, 2020 15. Agreement with the Dispute Resolution Center -Central Brazos Valley, Inc. for FY 2018. 16. Permission to advertise bid # 17-072 Livestock Panels and Accessories. 17. Permission to advertise bid ## 18-028 Lane Striping and Pavement Markers. 18. Consider and take action on the (Nickson Creek Special Utility District utility permit to construct a road bore for a 1 Inch water line crossing under Scasta Road 0.4 mile southeast of Grassbur Road. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 8256 Scasta Road. Site is located in Precinct 2. 19. Consider and take action on a fence building estimate from Kathy Trimble in the amount of $2,520.00 to build 1,000 feet of 5 -strand barbed wire fence on Menke Road. Estimate includes all materials and labor. County has acquired new right of way and is now paying property owner for fencing since the County no longer has a fence builder under contract. Property owner had originally agreed to allow County to build fence. Site is located in Precinct 2, 20. Consider and take action on the Vass Oil Corporation utility permit to install a temporary 10" aluminum water line within and along the right-of-way of Jack Creek Road and Dilly Shaw Tap Road a distance of 1.15 miles. Line will also cross under Jack Creek Road at existing bridge crossing. Project will provide water to oil well. Site is located in Precinct 2. 21. Expenditure Journal Entries. a. Expenditure Journal Entries FY 16/17 130169-130171 • b. Expenditure Journal Entries FY 17/18 100055-100056 22. Tax Refund Applications for the following: • a. Tony Fair - Overpayment $138.19 • In. Richard H. Dix % Richard Dix Jr. - Overpayment $160.69 Vol. 262 Pg. 164 s c. Frankie Violette - Overpayment $6.00 d. Sydney B. Wyatt - Overpayment $39.41 e. Jacqueline McDaniel - Overpayment $9.28 23. Budget Amendments. a. Budget Amendments FY 16/17 56.1 - 56.11 b. Budget Amendments FY 17/18 4.1 -4.16 24. Personnel Change of Status. Personnel Action Forms 25. Payment of Claims. 26. Acknowledgement of CSCD's award of RFP contract # 18-007 Urinalysis and Hair Drug Testing to Recovery Healthcare Corp. 27. Sheriffs report on inmate population. 28. Announcement of interest items and possible future agenda topics. 29. Call for Citizen input and/or concerns 30. Adjourn. Vol. 262 Pg. // j' 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 andlor attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. Y 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 Courts presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. Fbwever, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter w itnoul 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 Teas Ooen Meetings Act Section 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 mamber of the community Is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To nuke arrangements, please call (979) 361-4102. Vol. 262 Pg. j/ / MINUTES OCTOBER 24, 2017 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, October 24, 2017 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; 1 rma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns There was no citizen's input. 3. Presentations and/or Discussions Recognition of Katie Conner, Brazos County Auditor, receiving the 2017 Jerry Ware Leadership Award from the Texas Association of County Auditors. The Court congratulated Katie Conner on receiving the 2017 Jerry Ware Leadership Award from the Texas Association of County Auditors. Judge Peters said that Ms. Vol. 262 Pg. 1/,2 Conner represents the county well and is deserving of this award. Judge Peters also introduced Ms. Conner's mother Lynn Stevens who was also in attendance. Consider and take action on agenda items 4-25: 4. Approval of the 2017 Brazos County Tax Roll per Section 29.09(e) of the Texas Property Tax Code. The County Judge stated that the total levy is $82,530,277.12. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Consideration and approval of an order authorizing the issuance of "Brazos County, Texas Limited Tax Refunding Bonds, Series 2017", authorizing an escrow agreement and a paying agent/registrar agreement; and approving other matters relating thereto. County Financial Advisor Dennis Waley with Public Financial Management (PFM) reported that the County received a AA rating and the borrowing rate has been up graded from stable to positive. He said that he hopes to see the rating improve to a AA+ at the next review. Mr. Waley stated that the two bond sales went very well. He said that there were thirteen bids on the Tax Refunding Bonds with Morgan Stanley being the lowest bid at 13%. Mr. Waley said that the Certificates of Obligation sale received nine bids with Hilltop National Bank winning the lowest bid. He said that the overall borrowing cost is at 2.25%. A copy of the order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Consideration and approval of an order authorizing the issuance of "Brazos County, Texas Certificates of Obligation, Series 2017"; authorizing a paying agent/registrar agreement; and approving other matters relating thereto. A copy of the order is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Request for out of state travel for Barbara Roberts to attend the Juvenile Detention Alternative Initiative (JDAI) National Fall Leadership in Orange County, California; dates of travel are November 29 -December 1, 2017. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Vol. 262 Pg. I/3 8. Request approval of Non -Profit Organization application for Brazos County Inmate Work Crew Labor for the Radio M*A*S*H organization to have workers help the National Guard put up tents on designation times Nov 28th and December 4th 2017. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Request from the Expo Complex for a one-time variance to the Brazos County Nepotism Policy which relates to hiring one temporary employee.. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Approval of the following job descriptions: • a. Class Code 0832, Position 1 -Temporary Attendant, Building & Grounds (1040hrs) for Exposition Complex • b. Class Code 0832, Position 3 - Temporary Attendant, Building & Grounds (1040hrs) for Exposition Complex • c. Class Code 2601 - County Engineer for Road & Bridge Department A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Authorize the County Judge to sign letter appointing Michael Hare as primary representative and Thomas Gilbert as the alternate representative to the NPSPAC Region 40 800 MHz Regional Review Committee and the 700 MHz Regional Planning Committee effective for the remainder of 2017 through the regular two-year term ending on December 31, 2019. Emergency Management Director Michelle Meade noted a correction to the original letter. Mrs. Meade stated that the appointment will not include the 700 MHz Regional Planning Committee and the term will end on December 31, 2018. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Appointment of Captain Paul Ryerson of The Salvation Army as the Donations Coordinator (DC) for Brazos County A copy is attached. Vol. 262 Pg. /IV Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Medical Malpractice Kinsale application & quote. A copy of the application is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Approval of the Bryan Broadcasting Radio Tower Lease Reimbursement Agreement between Brazos County and the BVCOG - October 1, 2017 through December 2, 2020 A copy of the lease agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Agreement with the Dispute Resolution Center -Central Brazos Valley, Inc. for FY 2018. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Permission to advertise bid # 17-072 Livestock Panels and Accessories. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Permission to advertise bid # 18-028 Lane Striping and Pavement Markers. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. Consider and take action on the W ickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Scasta Road 0.4 mile southeast of Grassbur Road. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 8256 Scasta Road. Site is located in Precinct 2. Vol. 262 Pg. //J� Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Consider and take action on a fence building estimate from Kathy Trimble in the amount of $2,520.00 to build 1,000 feet of 5 -strand barbed wire fence on Merka Road. Estimate includes all materials and labor. County has acquired new right of way and is now paying property owner for fencing since the County no longer has a fence builder under contract. Property owner had originally agreed to allow County to build fence. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Consider and take action on the Vess Oil Corporation utility permit to install a temporary 10" aluminum water line within and along the right-of-way of Jack Creek Road and Dilly Shaw Tap Road a distance of 1.15 miles. Line will also cross under Jack Creek Road at existing bridge crossing. Project will provide water to oil well. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 21. Expenditure Journal Entries. • a. Expenditure Journal Entries FY 16/17 130169-130171 • b. Expenditure Journal Entries FY 17/18 100055-100056 A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 22. Tax Refund Applications for the following: • a. Tony Fair- Overpayment $138.19 • b. Richard H. Dix % Richard Dix Jr. -Overpayment $160.69 • c. Frankie Violette -Overpayment $6.00 • d. Sydney B. Wyatt -Overpayment $39.41 • e. Jacqueline McDaniel -Overpayment $9.28 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 23. Budget Amendments. Vol. 262 Pg. //6 a. Budget Amendments FY 16/17 56.1 -56.11 56.1 Transfer funds from Contingency Fund to Sheriff's Office. 56.2 Reallocate funds for Constable, Precinct 3. 56.3 Reallocate funds for Risk Management. 56.4 Reallocate funds for Justice of the Peace, Precinct 1. 56.5 Reallocate funds for Justice of the Peace, Precinct 2. 56.6 Transfer funds from Health and Wellness Clinic to Sheriff's Office - Jail Medical. 56.7 Reallocate funds for Sheriff's Office - CSISD School Security. 56.8 Reallocate funds for Constable, Precinct 1. 56.9 Reallocate funds for Constable, Precinct 4. 56.10 Reallocate funds for Juvenile Services. 56.11 Transfer funds from Non -Departmental to General Capital Improvement Fund. b. Budget Amendments FY 17/18 4.1 -4.16 4.1 Reallocate funds for Juvenile Services - TJJ D Grant for reclassification. 4.2 Transfer funds from Non -Departmental to County Attorney. 4.3 Transfer funds from Contingency Fund to the Brazos Center. 4.4 Transfer funds from Non -Departmental to District Attorney. 4.5 Transfer funds from Non -Departmental to County Clerk. 4.6 To recognize revenue for the TJJD and W-JJAEP Juvenile Grants. 4.7 To recognize the donation of police equipment from College Station City Marshal's Office to Constable, Precinct 4. 4.8 Transfer funds from Non -Departmental to General Capital Improvement Fund. 4.9 Reallocate funds for the Exposition Complex. 4.10 Reallocate funds forthe Health and Wellness Clinic. 4.11 Recognize revenue donated to Human Resources for employee luncheon by Insurers of Texas. 4.12 Transfer funds from Non -Departmental to District Attorney. 4.13 Transfer funds from Non -Departmental to 85th District Court. 4.14 Reallocate funds for Elections Administrator. 4.15 Transfer funds from Contingency Fund to Facility Services. 4.16 Transfer funds from Contingency Fund to County Court at Law No. 1 and County Court at Law No. 2. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes. Aldrich, Berry, Catalena, Cauley, Peters. 24. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 25. Payment of Claims. Vol. 262 Pg. // Claims 7160553-7160797 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 26. Acknowledgement of CSCD's award of RFP contract # 18-007 Urinalysis and Hair Drug Testing to Recovery Healthcare Corp. The Court acknowledged the receipt of Brazos County Community Support and Corrections Department's award of RFP Contract #18-007 Urinalysis and Hair Drug Testing to Recovery Healthcare Corporation. A copy of the contract is attached. 27. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 654 inmates in jail, 570 inmates are male and 84 are female, 48 have electronic monitors and 8 are pending for monitors. 28. Announcement of interest items and possible future agenda topics. There were no announcements. 29. Call for Citizen input and/or concerns There was no citizen's input. 30. Adjourn. Vol. 262 Pg. /, The foregoing minutes of the Commissioners Court meeting held October 24, 2017 have been examined and are approved in open Court this 7th day of November. 2017, in Bryan, Brazos County, Texas. Duane Peters County Judge /0'�Lsl7�- Sargay Ca ena Commissi ner, Precinct 2 Attest: Karen McQueen County Clerk Vol. 262 Pg. Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 BRAZOS COUNTY COIvMSSIONER' S COURT _1,/�DAY OF 64L� , 20-/7 /O.`,90 AM/. , Name (PLEASE PRAT Goo, Q.,01 -v I ` c"C' moi\-, W 4 Y� Nh (V�Pr�ttie2- L)`-1 ` 4mds Organization (PLEASE PRINT) 17C��Gf 1�V14. U 1`-.0 N�, Vol. 262 Pg. �L BR ZO S COUNTY COIF/MSSIONER S COURT -DAY OF FL Zor 3 Name (PLEASE PR2yTT) �"J", � Organization (PLEASE PRINT') cc LidJke.l� Vol. 262 Pg. BRAZ-OS COUNTY COIvMS SIONER' S COURT _4yADAY OF Name (PLEkSE PRINT nU c ♦. .11 1 ri prt 30 3 20/7 Organization (PL i 2 �SE PPe�T Vol. 262 Pg. / I BRAZOS County 2017 LEVY TOTALS Gl-BRAZOSCOUNTY Property Count: 132,246 Grand Totals 10/13/2017 11:27:OOAM Homesite: 2,538,357,235 Non Homesite: 2,606,556,417 Ag Market: 1,375,852,945 Timber Market 0 Total Land (a) 6,520,766,597 Total Levy Tax Increment Finance Value: 0 Tax Increment Finance Levy: 0.00 82,530,277.12 APPRO �1 Duane Peters Date County Judge G1/237993 Page 1 of 2 - True Automation, Inc. Vol. 262 Pg. /�� j M&O Rate: 0.429000 Homesite: 73,000,031.78 I&S Rale: 7,517,076,895 AS Tax: 9,529,143.87 Non Homesite: 0.000000 Protected I&S Tax: 6,192,151,498 Total Improvements M 13,709,228,393 Ag Penalty: 1,101.47 PP Late Penalty: Personal Property: 8,360 1,722,708,102 Mineral Property: 51,701 521,440,011 Autos: 0 0 Total Non Real 2,244,148,113 Market Value = 22,474,143,103 '°t. i'Non.ExemPte , .:<, y'y,� :i,:. .,Exempt;. Total Productivity Market: 1,360,961,545 14,891,400 Ag Use: 41,266,995 103,560 Productivity Loss (-) 11319,694,550 Timber Use: 0 0 Appraised Value = 21,154,448,553 Productivity Loss: 1,319,694,550 14,787,840 Homestead Cap W 62,628,074 Assessed Value = 21,091,820,479 Total Exemptions Amount W 3,650,851,427 (Breakdown on Next Page) Net Taxable = 17,440,969,052 Freeze;,., * a Assessetl ,"Taxable +, - LrAct Count, x-. DPS 65,349,182 61,728,579 242,269.61 248,711.35 436 DPS 902,462 528,822 1,759.65 1,933.46 7 OV65 2,019,935,345 1,345,742,482 4,525,237.32 4,565,880.38 9,082 Total 2,086,186,989 1,4C7,909,883 4,769,266.58 4,816,525.19 9,525 Freeze Taxable H 1,407,999,883 Tax Rate 0.485000 Freeze Adjusted Taxable 16,032,969,169 Total Levy Tax Increment Finance Value: 0 Tax Increment Finance Levy: 0.00 82,530,277.12 APPRO �1 Duane Peters Date County Judge G1/237993 Page 1 of 2 - True Automation, Inc. Vol. 262 Pg. /�� j M&O Rate: 0.429000 M&O Tax: 73,000,031.78 I&S Rale: 0.056000 AS Tax: 9,529,143.87 Protected AS Rate: 0.000000 Protected I&S Tax: 0.00 Ag Penalty: 1,101.47 PP Late Penalty: 0.00 Total Levy Tax Increment Finance Value: 0 Tax Increment Finance Levy: 0.00 82,530,277.12 APPRO �1 Duane Peters Date County Judge G1/237993 Page 1 of 2 - True Automation, Inc. Vol. 262 Pg. /�� j BRAZOS County 2017 LEVY TOTALS G 1 -BRAZOS COUNTY Property Count: 132,246 Grand Totals 10/13/2017 1 t27:00AM Exemption Breakdown Totals 957,443,985 2,693,407,442 3,650,851,427 G11237993 Page 2 of 2 1 True Automation, Inc. Vol. 262 Pg. /�'/ CHODO (Partial) 9 10,237,256 0 10,237,256 DP 454 0 0 0 DPS 7 0 0 0 DV1 226 0 2,123,887 2,123,887 MIS 13 0 40,000 40,000 DV2 151 0 1,510,500 1,510,500 DV2S 5 0 37,500 37,500 DV3 176 0 1,800,427 1,800,427 DV3S 2 0 20,000 20,000 DV4 414 0 2,454,936 2,454,936 DWS 73 0 765,299 765,299 DVHS 265 0 55,519,087 55,519,087 DVHSS 30 0 5,128,230 5,128,230 ECO 2 0 0 0 EX 10 0 1,511,513 1,511,513 EX -XD 17 0 1,369,270 1,369,270 EX -XD (Prorated) 5 0 92,826 92,826 EX-XG 7 0 736,102 736,102 EX -XI 5 0 1,175,790 1,175,790 EX -XJ 16 0 31,789,040 31,789,040 EX -XL 4 0 442,100 442,100 EX-XN 23 0 12,751,870 12,751,870 EX-XR 1 0 6,990 6,990 EX -XU 16 0 24,499,480 24,499,480 EX -XV 1,792 0 2,538,211,127 2,538,211,127 EX -XV (Prorated) 30 0 9,578,769 9,578,769 EX366 13,975 0 792,889 792,889 FR 47 59,344,016 0 59,344,016 MASSS 6 0 1,049,810 1,049,810 OV65 9,720 677,094,593 0 677,094,593 OV65S 17 1,160,660 0 1,160,660 PC 18 5,593,466 0 5,593,466 SO 2 35,000 0 35,000 Totals 957,443,985 2,693,407,442 3,650,851,427 G11237993 Page 2 of 2 1 True Automation, Inc. Vol. 262 Pg. /�'/ ORDER AUTHORIZING THE ISSUANCE OF `BRAZOS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS, SERIES 2017', AUTHORIZING AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING OTHER MATTERS RELATING THERETO Vol. 262 Pg. /��� TABLE OF CONTENTS Section 1. Authorization of the Bonds.......................................................................................................... 1 Section 2. Date, Denominations, Numbers, and Maturities of the Bonds.....................................................2 Section 3. General Characteristics and Form of the Bonds.......................................................................... 2 Section 4. Paying Agent/Registrar................................................................................................................ 8 Section 5. Registration, Transfer, and Exchange.......................................................................................... 8 Section 6. Lost, Stolen, Destroyed, Damaged, or Mutilated Bonds; Destruction of Paid Bonds ............... 10 Section 7. Book -Entry Only System........................................................................................................... 11 Section8. Definitions.................................................................................................................................. 11 Section9. Tax Levy.................................................................................................................................... 12 Section 10. Interest and Sinking Fund........................................................................................................ 12 Section11. Escrow Fund............................................................................................................................ 13 Section 12. Investments and Security......................................................................................................... 13 Section 13. Remittances to Paying Agent/Registrar................................................................................... 13 Section 14. Remedies in Event of Default .................................................................................................. 13 Section 15. Covenants of the County.......................................................................................................... 13 Section 16. Perfection of Security............................................................................................................... 15 Section 17. Continuing Disclosure.............................................................................................................. 15 Section18. Further Covenants.................................................................................................................... 17 Section 19. Sale of Bonds; Use of Proceeds............................................................................................... 17 Section 20. Approval of Escrow Agreement.............................................................................................. 18 Section 21. Custody, Approval, and Registration of Bonds....................................................................... 18 Section 22. Defeasance and Purchase......................................................................................................... 18 Section 23. Order a Contract; Amendments............................................................................................... 19 Section 24. Matters Related to Refunding.................................................................................................. 20 Section 25. Further Procedures...................................................................................................................20 Section 26. Attorney General Examination Fee.......................................................................................... 20 Section 27. Miscellaneous Provisions......................................................................................................... 21 Schedule I- Schedule of Refunded Obligations Exhibit A — Paying Agent/Registrar Agreement Exhibit B — Escrow Agreement Exhibit C —Notices of Redemption Exhibit D — Description of Annual Financial Information -i- Vol.262 Pg. 1;26 ORDER AUTHORIZING THE ISSUANCE OF `BRAZOS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS, SERIES 2017', AUTHORIZING AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING OTHER MATTERS RELATING THERETO WHEREAS, the Commissioners Court (the "Court") of Brazos County, Texas (the "County") has previously authorized and there is presently outstanding the obligations of the County which are payable from the receipts of an ad valorem tax levied on all taxable property located within the County, described in Schedule I attached hereto (the "Refunded Obligations"); WHEREAS, pursuant to the provisions of Chapter 1207, Texas Government Code (the "Act'), the County is authorized to issue refunding bonds and deposit the proceeds of sale directly with any designated escrow agent for the Refunded Obligations, and such deposit, when made in accordance with the Act, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; WHEREAS, when firm banking arrangements have been made for the payment of principal and interest to the stated maturity or redemption dates of the Refunded Obligations, then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose of receiving payment from the funds provided for such purpose and may not be included in or considered to be an indebtedness of the County for the purpose of a limitation on outstanding indebtedness or taxation or for any other purpose; WHEREAS, the Act permits that the deposit of the proceeds from the sale of the refunding bonds be deposited directly with any designated escrow agent for the Refunded Obligations which is not the depository bank of the County; WHEREAS, since Branch Banking and Trust Company, Wilson, North Carolina, is not a depository bank of the County, it will be hereby designated as the Escrow Agent (hereinafter defined); WHEREAS, the County hereby finds and determines that the terms of the Bonds (hereinafter defined) are the most reasonable and advantageous to the County and it is advisable and in the best interest of the County to refund the Refunded Obligations in order to effect a present value savings in interest costs; WHEREAS, in accordance with Chapter 1207, all the Refunded Obligations mature or are subject to redemption prior to maturity within 20 years of the date of the refunding bonds hereinafter authorized; and WHEREAS, in accordance with the provisions of Section 81.006, Texas Local Government Code, the Court hereby finds and determines that this order was adopted at a regularly scheduled meeting of the Court; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Section 1. Authorization of the Bonds. There is hereby authorized to be issued and delivered pursuant to Chapter 1207, a series of bonds of the County, to be known as `BRAZOS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS, SERIES 2017' (the "Bonds"), in the original aggregate principal amount of $39,720,000 payable from ad valorem taxes as described in and for the purposes described in the form of the Bonds contained in Section 3 hereof. -I- Vol.262 Pg. / ..? I Section 2. Date, Denominations, Numbers, and Maturities of the Bonds. The Bonds shall be dated as of November 1, 2017 (the "Dated Date"), in denominations of $5,000 or any integral multiple thereof, numbered consecutively from R-1 upward (except the Initial Bond (hereinafter defined), which shall be numbered 1- 1), and shall mature on the date and in each of the years and in the principal amounts, as provided below, unless theretofore called for redemption prior to maturity in accordance with the provisions of the form of the Bonds contained in Section 3 hereof. Maturity Date Principal Maturity Date Principal (September 1) Installment Interest Rate (September 1) Installment Interest Rate 2019 $2,545,000 5.000% 2027 $4,240,000 5.000% 2020 3,120,000 5.000% 2028 4,435,000 5.000% 2021 3,275,000 5.000% 2029 530,000 2.250% 2022 3,430,000 5.000% 2030 610,000 3.000% 2023 3,575,000 5.000% 2031 605,000 3.000% 2024 3,720,000 5.000% 2032 590,000 3.000% 2025 3,835,000 5.000% 2033 585,000 3.000% 2026 4,050,000 5.000% 2034 575,000 3.000% The Bonds shall bear interest from the Dated Date of the Bonds at the interest rates provided above, calculated on the basis of a 360 -day year of twelve 30 -day months, and interest shall be payable on March 1, 2018, and on each September 1 and March 1 thereafter through the respective maturity date. The Bonds are subject to optional redemption as provided in Section 3. Section 3. General Characteristics and Form of the Bonds. The Bonds shall be issued, shall be payable, shall have the characteristics, and shall be executed and sealed, all as provided and in the manner indicated in the form set forth below. The Form of Definitive Bonds, the Form of Initial Bond, the Form of the Registration Certificate of the Comptroller of Public Accounts, the Form of the Authentication Certificate, and the Form of Assignment, which shall be, respectively, substantially as follows, with necessary and appropriate variations, omissions, and insertions as permitted or required by this Order, and the definitions contained within each such form shall apply solely to such form. NUMBER R - REGISTERED Dated Date November 1, 2017 FORM OF DEFINITIVE BONDS United States of America State of Texas DENOMINATION REGISTERED BRAZOS COUNTY, TEXAS LIMITED TAX REFUNDING BOND, SERIES 2017 Maturity Interest CUSIP Date Rate % Number September 1, REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS BRAZOS COUNTY, TEXAS (the "County"), a body corporate and a political subdivision of the State of Texas, for value received, promises to pay to the Owner, specified above, or registered assigns (the "Owner"), on the Maturity Date, specified above, upon presentation and surrender of this Bond at the designated payment office of BRANCH BANKING AND TRUST COMPANY, Wilson, North Carolina, or its successor (the "Paying Agent/Registrar"), the Principal Amount, specified above, in lawful money -2- Vol.-262 Pg. /,'LAY of the United States of America, and to pay interest thereon at the Interest Rate, specified above, calculated on the basis of a 360 -day year of twelve 30 -day months, from the Dated Date, specified above. Interest on this Bond is payable by check payable on March 1, 2018, and each September I and March 1 thereafter, mailed to the Owner of record as shown on the books of registration (the "Register") kept by the Paying Agent/Registrar, as of the date which is the fifteenth calendar day of the month next preceding the interest payment date (the "Record Date"), or in such other manner as may be acceptable to the Owner and the Paying Agent/Registrar. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment thereof have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due payment (the "Special Payment Date," which shall be 15 calendar days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, fust class, postage prepaid, to the address of the Owner appearing on the Register at the close of business on the last business day next preceding the date of mailing of such notice. The County covenants with the Owner that no later than each principal installment payment date and interest payment date for this Bond it will make available to the Paying Agent/Registrar the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due, in the manner set forth in the order authorizing the issuance of the Bonds adopted by the Commissioners Court of the County on October 24, 2017 (the "Order"). THIS BOND is one of a series of Bonds (the "Bonds") dated as of the Dated Date, of like designation, date, and tenor, except as to number, interest rate, denomination, and maturity issued pursuant to the Order, in the original aggregate principal amount of $39,720,000 for the purpose of refunding certain outstanding obligations of the County and paying the costs of issuing the Bonds. THE BONDS are issued pursuant to the Order whereunder the Commissioners Court of the County covenants to levy a continuing, direct, annual ad valorem tax on taxable property within the County, within the limits prescribed by law, for each year while any part of the Bonds are considered outstanding under the provisions of the Order, in a sufficient amount to pay interest on each Bond as it becomes due, to provide a sinking fund for the payment of the principal of the Bonds when due, and to pay the expenses of assessing and collecting such tax. Reference is hereby made to the Order for provisions with respect to the custody and application of the County's funds, remedies in the event of a default hereunder or thereunder, and the other rights of the Owner. By acceptance of this Bond, the Owner consents to all of the provisions of the Order, a certified copy of which is on file in the office of the County Clerk of the County. THE COUNTY RESERVES THE RIGHT to redeem the Bonds having stated maturities on or after September 1, 2028, in whole or in part, on September 1, 2027 or on any date thereafter. Such optional redemption shall be at a redemption price of par plus accrued interest on the principal amounts called for redemption to the date fixed for redemption. If less than all of the Bonds are to be redeemed, the particular Bonds to be redeemed shall be selected by the County in integral multiples of $5,000 within any one maturity. AT LEAST 45 DAYS PRIOR to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be given by the County to the Paying Agent/Registrar, and the Paying Agent/Registrar shall send a copy of such notice at least 30 days prior to the date fixed for redemption by United States mail, first class, postage prepaid, addressed to the Owner of each Bond to be redeemed in whole or in part at the address shown on the Register at the close of business on the business day next preceding the date of mailing such notice; provided, however, that any notice of redemption so mailed will be conclusively presumed to have been duly given, irrespective of whether one or more Owners failed to receive such notice or any defect in such notice. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount -3- Vol.-262 Pg. /I';,- hereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the designated corporate trust office of the Paying Agent/Registrar only upon representation and surrender thereof by the owner. When Bonds or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, and interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which such banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND IS TRANSFERABLE OR EXCHANGEABLE only upon presentation and surrender at the principal corporate office of the Paying Agent/Registrar. If this Bond is being transferred, it shall be duly endorsed for transfer or accompanied by an assignment duly executed by the Owner, or his authorized representative, subject to the terms and conditions of the Order. If this Bond is being exchanged, it shall be in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Order. The Owner of this Bond shall be deemed and treated by the County and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the County and the Paying Agent/Registrar shall not be affected by any notice to the contrary. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the County, resigns, or otherwise ceases to act as such, the County has covenanted in the Order that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the Owners. IT IS HEREBY CERTIFIED, COVENANTED, AND REPRESENTED that all acts, conditions, and things necessary to be done precedent to the issuance of the Bonds in order to render the same legal, valid, and binding obligations of the County have happened and have been accomplished and performed in regular and due time, form, and manner, as required by law; that provision has been made for the payment of the principal of and interest on the Bonds by the levy of a continuing, direct, annual ad valorem tax upon all taxable property within the County, within the limit prescribed by law; and that issuance of the Bonds does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature of the County Judge of the County, countersigned with the manual or facsimile signature of the County Clerk of the County, and registered by the manual or facsimile signature of the County Treasurer of the County, and the official seal of the Commissioners Court of the County has been duly impressed, or placed in facsimile, on this Bond. /s/ Karen McQueen /s/ Duane Peters Karen McQueen Duane Peters County Clerk, Brazos County, Texas County Judge, Brazos County, Texas REGISTERED: -4- Vol. 262 Pg. /J'C' (COMMISSIONERS COURT SEAL) FORM OF INITIAL BOND The Initial Bond shall be in the form set forth above for the Form of definitive Bonds, except the following shall replace the heading and the first paragraph: NO. I-1 United States of America State of Texas BRAZOS COUNTY, TEXAS LIMITED TAX REFUNDING BOND, SERIES 2017 Dated Date: NOVEMBER 1, 2017 Registered Owner: MORGAN STANLEY & CO., LLC $39,720,000 Principal Amount: THIRTY NINE MILLION SEVEN HUNDRED TWENTY THOUSAND AND 00/100 DOLLARS ($39,720,000.00) BRAZOS COUNTY, TEXAS (the "County"), a body corporate and a political subdivision of the State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Owner, specified above, or the registered assigns thereof (the "Owner"), the Principal Amount, specified above, with principal installments payable in each of the years, and bearing interest at per annum rates in accordance with the following schedule: YEARS OF PRINCIPAL INTEREST STATED INSTALLMENTS ($) RATE (%) MATURITY (Information to be inserted from schedule in Section 2 hereof) INTEREST on the unpaid Principal Amount hereof from the Dated Date of this Bond, specified above, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for shall be paid computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1, 2018 and each September 1 and March 1 thereafter. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The final payment of principal of this Bond shall be paid to the Owner hereof upon presentation and surrender of this Bond at final maturity, at the designated payment office of BRANCH BANKING AND TRUST COMPANY, Wilson, North Carolina, which is the "Paying Agent/Registrar" for this Bond. The payment of principal installments and interest on this Bond shall be made by the Paying Agent/Registrar to the Owner hereof as shown by the registration books relating to the Bonds kept by the Paying Agent/Registrar (the "Register") at the close of business on the Record Date by check drawn by the Paying Agent/Registrar on, and payable solely from, funds of the County required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, postage prepaid, on each such payment date, to the Owner hereof at its address as it appears on the Register kept by the Paying Agent/Registrar, as hereinafter described. The record date ("Record Date") for payments hereon means the 15th calendar day of the month preceding a scheduled payment. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and -5- Vol.-262 Pg. L when funds for the payment thereof have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due payment (the "Special Payment Date," which shall be 15 calendar days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of the Owner appearing on the books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. The County covenants with the Owner that no later than each principal installment payment date and interest payment date for this Bond it will make available to the Paying Agent/Registrar the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bond, when due, in the manner set forth in the Order defined below. FORM OF AUTHENTICATION CERTIFICATE (*ATTACH TO DEFINITIVE BONDS ONLY) AUTHENTICATION CERTIFICATE This Bond is one of the Bonds described in and delivered pursuant to the within -mentioned Order, and this Bond has been issued in conversion of and exchange for, or replacement of, a Bond, Bonds, or a portion of a Bond or Bonds of an issue which was originally approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Registration Date: BRANCH BANKING AND TRUST COM PANY Wilson, North Carolina Paying Agent/Registrar EM Authorized Signature FORM OF REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS* *Attach to Initial Bond Only COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTERNO. I HEREBY CERTIFY THAT there is on file and of record in my office a certificate to the effect that the Attorney General of the State of Texas has examined and finds that this Bond has been issued in conformity with the Constitution and laws of the State of Texas and is a valid and binding obligation of Brazos County, Texas, and further that this Bond has-been registered this day by me. WITNESS my signature and seal of office (COMPTROLLER'S SEAL) Comptroller of Public Accounts of the State of Texas 10 Vol. 262 Pg. �� FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (Please insert Social Security or Taxpayer (Please print or typewrite name and address, including zip code, of Identification Number of Transferee) Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a NOTICE: The signature above must correspond member firm of the New York Stock Exchange or a with the name of the Owner as it appears upon the commercial bank or trust company. front of this Bond in every particular, without alteration or enlargement or any change whatsoever. The following abbreviations, when used in the Assignment above or on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties IT TEN - asjoint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - Custodian (Cult) (Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the list above. [END OF FORMS] The County authorizes the printing of a true and correct copy of an opinion of Winstead PC, Bond Counsel to the County, relating to the validity and enforceability of the Bonds under Texas law and the status of interest on the Bonds under federal income tax laws, on the reverse side of each of the Bonds over a certificate of identification executed by the facsimile signature of the County Clerk, and also authorizes the imprinting of CUSIP (the American Bankers Association's Committee on Uniform Securities Identification Procedures) numbers on the Bonds; provided, however, that the failure of such opinion, certificate, or CUSIP numbers to appear on any Bond, or any errors therein, or in any part of the Bond, the form of which is not included in the Order, shall in no way affect the validity or enforceability of the Bonds or relieve the Initial Purchaser (defined herein) of the Bonds of its obligation to accept delivery of and pay for the Bonds. -7- VA-262 Pg. J Section 4. Paying Agent/Registrar. (a) The County shall keep or cause to be kept at the designated payment office of Branch Banking and Trust Company, Wilson, North Carolina (the "Paying Agent/Registrar"), or such other bank, trust company, financial institution, or other entity duly qualified and legally authorized to serve and perform duties of and services of Paying Agent/Registrar, named in accordance with the provisions of paragraph (c) of this Section, books or records of the registration and transfer of the Bonds (the "Register"), and the County hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the County and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. It shall be the duty of the Paying Agent/Registrar to obtain from the Owner (hereinafter defined) and record in the Register the address of such Owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided. The County or its designee shall have the right to inspect the Register during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Register confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. (b) The County hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to exchange or replace Bonds, all as provided in this Order. The Paying Agent/Registrar shall keep proper records of all payments made by the County and the Paying Agent/Registrar with respect to the Bonds, and of all exchanges and replacements of such Bonds, as provided in this Order. The County Judge is authorized to enter into the Paying Agent/Registrar Agreement, substantially in the form attached as Exhibit "A" hereto, on behalf of the County. (c) The County covenants with the Owners of the Bonds that at all times while the Bonds are outstanding the County will provide a competent and legally qualified bank, trust company, financial institution, or other entity duly qualified and legally authorized to serve as and perform the duties and services of Paying Agent/Registrar, to act as and perform the services of Paying Agent/Registrar for the Bonds under this Order, and that the Paying Agent/Registrar will be one entity. The County reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 60 days written notice to the Paying Agent/Registrar. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the County covenants that promptly it will appoint a competent and legally qualified national or state banking institution to act as Paying Agent/Registrar under this Order, which banking institution shall be a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, subject to supervision or examination by federal or state authority, and whose qualifications are substantially similar to the previous Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar shall promptly transfer and deliver the Register (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the County. Upon any change in the Paying Agent/Registrar, the County promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each Owner of the Bonds, by United States mail, postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Order, and a certified copy of this Order shall be delivered to each Paying Agent/Registrar. Section 5. Registration, Transfer, and Exchange. (a) Registration of each Bond may be transferred in the Register only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of -9- Vol.-262 Pg. /� any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in exchange therefor in the manner herein provided. (b) The entity in whose name any Bond shall be registered in the Register at any time shall be treated as the absolute owner thereof for all purposes of this Order, whether or not such Bond shall be overdue, and the County and the Paying Agent/Registrar shall not be affected by any notice to the contrary unless otherwise required by law; and payment of, or on account of, the principal of, and interest on any such Bond shall be made only to such Owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) Each Bond may be exchanged for fully registered bonds in the manner set forth herein. Each Bond issued and delivered pursuant to this Order, to the extent of the unpaid principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the Owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, at the option of the Owner or such assignee or assignees, as appropriate, be exchanged for fully registered Bonds, without interest coupons, in the form prescribed in the Form of Definitive Bonds set forth in Section 3 of this Order, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such Owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal amount of any bond or bonds so surrendered, and payable to the appropriate Owner, assignee, or assignees, as the case may be. (d) If any Bond or portion thereof is assigned and transferred, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall exchange or replace Bonds as provided herein, and each fully registered bond delivered in exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Order shall constitute one of the Bonds for all purposes of this Order, and may again be exchanged or replaced. It is specifically provided, however, that any Bond delivered in exchange for or replacement of another Bond prior to the first scheduled interest payment date on the Bonds (as stated on the face thereof) shall be dated the same date as such Bond, but each substitute Bond so delivered on or after such fust scheduled interest payment date shall be dated as of the interest payment date preceding the date on which such substitute bond is delivered, unless such Bond is delivered on an interest payment date, in which case it shall be dated as of such date of delivery; provided, however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it is being exchanged has not been paid, then such Bond shall be dated as of the date to which such interest has been paid in full. On each substitute Bond issued in exchange for or replacement of any Bond or Bonds issued under this Order there shalt be printed thereon a Paying Agent/Registrar's Authentication Certificate, in the form hereinafter set forth. An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date such by dating the Authentication Certificate in the manner set forth above, and manually sign such Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for exchange or replacement. (e) No additional orders or resolutions need be passed or adopted by the Court or any other body or person so as to accomplish the foregoing exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be printed or typed in accordance with Chapter 1201, Texas Government Code, the duty of such exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and upon the execution of the aforementioned Paying Agent/Registrar's Authentication Certificate, the exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which originally In Vol. 262 Pg. % were delivered pursuant to this Order, approved by the Attorney General (hereinafter defined), and registered by the Comptroller (hereinafter defined). (f) All Bonds issued in exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such bonds to be payable only to the Owners thereof, (ii) may be transferred and assigned, (iii) may be exchanged for other Bonds, (iv) shall have the characteristics, (v) shall be signed and sealed, and (vi) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the form of Bonds set forth in Section 3 of this Order. (g) The County shall pay all of the Paying Agent/Registrar's reasonable and customary fees and charges for making transfers, conversions, and exchanges of the Bonds in accordance with an agreement between the County and the Paying Agent/Registrar, but the Owner of any Bond requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. In addition, the County hereby covenants with the Owners of the Bonds that it will pay the reasonable and standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when due. Section 6. Lost, Stolen, Destroyed, Damaged, or Mutilated Bonds; Destruction of Paid Bonds. (a) Replacement Bonds. In the event any outstanding Bond shall become lost, stolen, destroyed, damaged, or mutilated, at the request of the Owner thereof, the County shall cause to be executed, registered by the Paying Agent/Registrar, and delivered a substitute Bond of like date and tenor, in exchange and substitution for and upon cancellation of such mutilated or damaged Bond, or in lieu of and substitution for such Bond, lost, stolen, or destroyed, subject to the provisions of subsections (b), (c), (d), and (e) of this Section. (b) Application and Indemnity. Application for exchange and substitution of lost, stolen, destroyed, damaged, or mutilated Bonds shall be made to the County. In every case the applicant for a substitute Bond shall furnish to the County such deposit for fees and costs as may be required by the County to save it and the Paying Agent/Registrar harmless from liability. In every case of loss, theft, or destruction of a Bond, the applicant shall also furnish to the County indemnity to the County's satisfaction and shall file with the County evidence to the County's satisfaction of the loss, theft, or destruction and of the ownership of such Bond. In every case of damage or mutilation of a Bond, the applicant shall surrender the Bond so damaged or mutilated to the Paying Agent/Registrar. (c) Matured Bonds. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in payment of the principal of or interest on the Bonds, the County may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a substitute Bond, if any, provided security or indemnity is furnished as above provided in this Section. (d) Expenses of Issuance. Upon the issuance of any substitute Bond, the County may charge the owner of such Bond with all fees and costs incurred in connection therewith. Every substitute Bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, destroyed, damaged, or mutilated shall constitute a contractual obligation of the County, whether or not the lost, stolen, destroyed, damaged, or mutilated Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Order equally and proportionately with any and all other Bonds duly issued under this Order. (e) Authority to Issue Substitute Bonds. This Order shall constitute sufficient authority for the issuance of any such substitute Bond without necessity of further action by the County or any other body or person, and the issuance of such substitute Bonds is hereby authorized, notwithstanding any other provisions of this Order. -10- Vol. 262 Pg. /Y6 (f) Destruction of Paid Bonds. At any time subsequent to the payment thereof, the Paying Agent/Registrar is authorized to cancel and destroy any Bonds duly paid, and promptly after any such destruction, the Paying Agent/Registrar shall furnish to the County a certificate evidencing such destruction. Section 7. Book -Entry Only System. (a) The definitive Bonds shall be initially issued in the name of Cede & Co. (DTC's partnership nominee), as Owner of the Bonds, and held in custody of DTC. A single certificate will be issued and delivered to DTC for each maturity of the Bonds. Beneficial owners of definitive Bonds will not receive physical delivery of Bond certificates except as provided hereinafter. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interest will be made by book -entry only, and no investor or other person purchasing, selling, or otherwise transferring beneficial ownership of Bonds is to receive, hold, or deliver any Bond certificate. No person shall acquire or hold any beneficial interest in any Bond representing a portion of the principal amount of such Bond which is other than $5,000 or an integral multiple thereof. (b) Replacement definitive Bonds may be issued directly to beneficial owners of Bonds other than DTC, or its nominee, but only in the event that (i) DTC determines not to continue to act as securities depository for the Bonds (which determination shall become effective no less than 90 days after written notice to such effect to the County and the Paying Agent/Registrar); or (ii) the County has advised DTC of its determination (which determination is conclusive as to DTC and beneficial owners of the Bonds) that DTC is incapable of discharging its duties as securities depository for the Bonds; or (iii) the County has determined (which determination is conclusive as to DTC and the beneficial owners of the Bonds) that the interests of the beneficial owners of the Bonds might be adversely affected if such book - entry only system of transfer is continued. Upon occurrence of any event described in (i) or (ii) above, the County shall use its best efforts to attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC, the County shall cause to be executed, authenticated, and delivered replacement Bonds, in certificate form, to the DTC participants having an interest in the Bonds as shown on the records of DTC provided by DTC to the County. In the event that the County makes the determination described in (iii) above and has made provisions to notify the beneficial owners of Bonds of such determination by mailing an appropriate notice to DTC, it shall cause to be issued replacement Bonds in certificate form to the DTC participants having an interest in the Bonds as shown on the records of DTC provided by DTC to the County. The County undertakes no obligation to make any investigation to determine the occurrence of any events that would permit the County to make any determination described in (ii) or (iii) above. (c) Whenever, during the term of the Bonds, the beneficial ownership thereof is determined by a book entry at DTC, the requirements in this Order of holding, delivering, or transferring Bonds shall be deemed modified to require the appropriate person or entity to meet the requirement of DTC as to registering or transferring the book entry to produce the same effect. (d) If at any time, DTC ceases to hold the Bonds, all references herein to DTC shall be of no further force or effect. Section 8. Definitions. In addition to other terms defined herein, the following terms, as used in this Order, shall have the meanings set forth below, unless the context thereof specifically indicates otherwise: "Bond Counsel" means Winstead PC, or such other firm of nationally recognized bond counsel appointed by the County. "Bonds" means any bond or bonds of the series entitled "Brazos County, Texas Limited Tax Refunding Bonds, Series 2017" authorized by this Order. Vol. 262 Pg. 137 "Escrow Agent" means Branch Banking and Trust Company, Wilson, North Carolina, or any successor thereto. "Escrow Agreement" means the agreement dated as of October 1, 2017, between the County and the Escrow Agent attached hereto as Exhibit `B". "Governmental Obligations" means (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent, or (iv) any other security authorized by law to be used for defeasance. "Initial Purchaser" means Morgan Stanley & Co., LLC. "Interest and Sinking Fund" means that certain fund created pursuant to Section 10 of this Order. "Order" means this "Order Authorizing the Issuance of `Brazos County, Texas Limited Tax Refunding Bonds, Series 2017', Authorizing an Escrow Agreement and a Paying Agent/Registrar Agreement; and Approving Other Matters Relating 'thereto", adopted by the Commissioners Court on October 24, 2017. "Owner" means the registered owner on the Register maintained by the Paying Agent/Registrar. "Refunded Obligations" means the obligations described in Schedule I. "Refunded Obligations Orders" means the orders of the Commissioners Court on May 13, 2008 and October 27, 2009 authorizing the issuance of the Refunded Obligations. "Rule" means Rule 15c2-12, as amended, adopted by the United States Securities and Exchange Commission under the Securities Exchange Act of 1934. Section 9. Tax Levy. During each year while any of the Bonds or interest thereon are outstanding and unpaid, the governing body of the County shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal thereof as such principal matures (but never less than 2% of the aggregate principal amount of the Bonds as a sinking fund each year); and the tax shall be based on the latest approved tax rolls of the County, with full allowances being made for tax delinquencies and the cost of tax collection. The rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the County for each year while any of the Bonds or interest thereon are outstanding and unpaid, and the tax shall be assessed and collected each year and deposited to the credit of the Interest and Sinking Fund. The ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. Section 10. Interest and Sinking Fund. A special fund entitled "Brazos County, Texas Limited Tax Refunding Bonds, Series 2017 Interest and Sinking Fund" (the "Interest and Sinking Fund") is hereby created and shall be established and maintained by the County at an official depository bank of the County. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts -12- Vol.-2- 12- Vol.2Pg. % J� of the County, and shall be used only for paying the interest on and principal of the Bonds and other obligations payable from ad valorem taxes. Section 11. Escrow Fund. The Escrow Fund is the fund held by the Escrow Agent pursuant to the Escrow Agreement into which certain of the proceeds of the Bonds shall be placed, except for accrued interest which shall be paid into the Interest and Sinking Fund and amounts to pay costs of issuance of the Bonds which will be deposited into the County's depository bank or paid at closing by the Paying Agent/Registrar. The Escrow Fund shall be used to pay the costs necessary or appropriate to accomplish the purposes for which the Bonds are issued. Section 12. investments and Security. (a) Investment of Funds. Except as otherwise provided herein, the County may place money in the Interest and Sinking Fund created by this Order in time or demand deposits or invest such money as authorized by law at the time of such deposit; provided, however, that the County hereby covenants that the proceeds of the sale of the Bonds will be used as soon as practicable for the purposes for which the Bonds are issued. Obligations purchased as an investment of money in a fund shall be deemed to be a part of such fund. (b) Amounts Received from Investments. Except as otherwise provided by law, amounts received from the investment of any money in the Interest and Sinking Fund created by this Order, shall belong to the Interest and Sinking Fund. (c) Security for Funds. All funds created by this Order shall be secured in the manner and to the fullest extent required by law for the security of funds of the County. Section 13. Remittances to Paying Agent/Registrar. It shall be the duty of the County Treasurer of the County without any further direction by the County to make remittances to the Paying Agent/Registrar of the amounts necessary on each occasion to pay the installment of interest or the installment of principal and interest due on the next succeeding interest payment date. Said remittances shall be made not less than five days prior to such scheduled date of interest or interest and principal payments. Section 14. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the County covenants and agrees particularly that in the event the County (a) defaults in the payment of principal of or interest on any of the Bonds when due, or (b) fails to make the payments required to be made to any fund created hereunder in the amounts and at the times required, or (c) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Order, the Owner(s) of any of the Bonds shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the County and other officers of the County to observe and perform any covenant, obligation, or condition prescribed in this Order; no delay or omission to exercise any right or power accruing upon any default shall impair any such power or right or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of any other available remedies and the specification of such shall not be deemed to be exclusive. Section 15. Covenants of the County. (a) General Covenants. The County covenants and represents that: (i) The County is a duly created and existing political subdivision of the State of Texas and is duly authorized under the laws of the State of Texas to create and issue the Bonds; all action on its part for the creation and issuance of the Bonds has been duly and effectively taken; and the Bonds in the hands of the owners thereof are and will be valid and enforceable obligations of the County in accordance with their terms; and 13 - Vol. 262 Pg. (ii) The Bonds shall be ratably secured in such manner that no one Bond shall have preference over other Bonds. (b) Specific Covenants. The County covenants and represents that, while the Bonds are outstanding and unpaid, it will: (i) Levy an ad valorem tax that will be sufficient to provide funds to pay the current interest on the Bonds and to provide the necessary sinking fund, all as described in this Order; and (ii) Keep proper books of record and account in which full, true, and correct entries will be made of all dealings, activities, and transactions relating to the funds and/or accounts created or authorized to be created pursuant to this Order, and all books, documents, and vouchers relating thereto shall at all reasonable times be made available for inspection upon request from any owner. (c) Covenants Reeardins Tax Matters. The County covenants to take any action to maintain, or refrain from any action which would adversely affect, the treatment of the Bonds as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in "gross income" for federal income tax purposes. In furtherance thereof, the County specifically covenants as follows: (i) To refrain from taking any action which would result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (ii) To take any action to assure that no more than 10% of the proceeds of the Bonds or the projects financed therewith are used for any "private business use", as defined in section 141(b)(6) of the Code or, if more than 10% of the proceeds or the projects financed therewith are so used, that amounts, whether or not received by the County with respect to such private business use, do not under the terms of this Order or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10% of the debt service on the Bonds, in contravention of section 141(6)(2) of the Code; (iii) To take any action to assure that in the event that the "private business use" described in paragraph (ii) hereof exceeds 5% of the proceeds of the Bonds or the projects financed therewith, then the amount in excess of 5% is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (iv) To take any action to assure that no amount which is greater than the lesser of $5,000,000 or 5% of the proceeds of the Bonds is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (v) To refrain from taking any action which would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (vi) Except to the extent permitted by section 148 of the Code and the regulations and rulings thereunder, to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(6)(2) of the Code) which produces a materially higher yield over the term of the Bonds; . (vii) To otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the -14- Vol. 262 Pg. /�/� requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (viii) Except to the extent otherwise provided in section 148(f) of the Code and the regulations and rulings thereunder, to pay to the United States of America at least once during each five year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90% of the "Excess Earnings", within the meaning of section 148(1) of the Code, and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100% of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; (ix) To maintain such records as will enable the County to fulfill its responsibilities under this subsection and sections 141 and 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Bonds; and (x) To comply with the information reporting requirements of section 149(e) of the Code. For the purposes of the foregoing, in the case of a refunding bond, the term "proceeds" includes transferred proceeds and, for purposes of paragraphs (ii) and (iii), proceeds of the Refunded Obligations. The covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Bonds, the County will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally -recognized bond counsel, will not adversely affect the exclusion from gross income of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the County agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally -recognized bond counsel, to preserve the exclusion from gross income of interest on the Bonds under section 103 of the Code. Proper officers of the County charged with the responsibility of issuing the Bonds are hereby authorized and directed to execute any documents, certificates, or reports required by the Code and to make such elections, on behalf of the County, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. Notwithstanding any other provision in this Order, to the extent necessary to preserve the exclusion from gross income of interest on the Bonds under section 103 of the Code the covenants contained in this subsection shall survive the later of the defeasance or discharge of the Bonds. Section 16. Perfection of Security. Chapter 1208, Texas Government Code, applies to the issuance of the Bonds and the pledge of the proceeds of ad valorem taxes thereto, and such pledge is, therefore, valid, effective, and perfected. Should Texas law be amended at any time while the Bonds are outstanding and unpaid, the result of such amendment being that the pledge of the ad valorem tax proceeds is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, in order to preserve to the Owners of the Bonds a security interest in such pledge, the County agrees to take such measures as it determines are reasonable and necessary to enable a filing of a security interest in said pledge to occur. Section 17. Continuing Disclosure. (a) Annual Reports. The County shall provide annually to the Municipal Securities Rulemaking Board (the "MSRB") pursuant to its Electronic Municipal Market Access System ("EMMA"), within six months after the end of each fiscal year ending in or after 2017, the financial information and operating data with respect to the County described in Exhibit "D" hereto with -15- Vol. 262 Pg. /z/l respect to such fiscal year or the 12 -month period then ended. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in "APPENDIX A" attached to the Official Statement or such other accounting principles as the County may be required to employ from time to time pursuant to state law or regulation and (ii) audited, if the County commissions an audit and the audit is completed by the required time; provided, however, that if audited financial statements are not available by the required time, the County shall provide unaudited financial statements by the required time and the County shall provide audited financial statements when and if the audited financial statements become available. The County's current fiscal year end is September 30. Accordingly, it must provide updated information by the last day of March in each year, beginning March 31, 2018, unless the County changes its fiscal year. If the County changes its fiscal year, it will notify the MSRB of the change. (b) Notice of Certain Events. The County will file with the MSRB notice of any of the following events with respect to the Bonds in a timely manner (and not more than 10 business days after occurrence of the event): (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership, or similar event of the County, which shall occur as described below; (13) the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. In addition, the County will provide timely notice of any failure by the County to provide information, data, or financial statements in accordance with its agreement described above under subsection (a). For these purposes, any event described in clause (12) of the immediately preceding paragraph is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the County in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the County, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the County. The provisions of this Section are for the sole benefit of the Owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The County undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the County's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The County does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. 16 - Vol. 262 N. / �/� UNDER NO CIRCUMSTANCES SHALL THE COUNTY BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE COUNTY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the County in observing or performing its obligations under this Section shall comprise a breach of or default under this Order for purposes of any other provisions ofthis Order. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the County under federal and state securities laws. The provisions of this Section may be amended, supplemented, or repealed by the County from time to time under the following circumstances, but not otherwise: (a) to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the County, if the provisions of this Section, as so amended, supplemented or repealed, would have permitted an underwriter to purchase or sell Bonds in the offering described herein in compliance with the Rule and either the Owners of a majority in aggregate principal amount of the outstanding Bonds consent to such amendment, supplement, or repeal, or any person unaffiliated with the County (such as nationally -recognized bond counsel) determines that such amendment, supplement, or repeal will not materially impair the interests of the beneficial owners of the Bonds; (b) upon amendment or repeal of the applicable provisions of the Rule, or any determination by a court of final jurisdiction that such provisions are invalid; or (c) in any other circumstance or manner, but in either case only to the extent that its right to do so would not prevent an underwriter from purchasing the Bonds in the offering described herein in compliance with the Rule. If the County amends, supplements, or repeals any of the provisions of this Section, the County must include, with its next financial information and operating data update described above in subsection (a), an explanation, in narrative form, of the reasons for the amendment, supplement, or repeal and of the impact of any change in the type of information and operating data so provided. Section 18. Further Covenants. The County further covenants and agrees by and through this Order that it has the lawful power to pledge the ad valorem taxes supporting this issue of Bonds and has lawfully exercised said power under the Constitution and laws of the State of Texas, including the power existing under Chapter 1207, that the Bonds issued hereunder shall be ratably secured in such manner that one Bond shall have no preference over any other Bond of said issue. Section 19. Sale of Bonds; Use of Proceeds and County Contribution. (a) The sale of the Bonds to the Initial Purchaser, pursuant to the taking of competitive sealed bids at a price of $46,587,909.88 (116.77% of par), is hereby confirmed. The County, upon consultation with the County's financial advisor, hereby finds that the terms of the sale are in the County's best interest. It is hereby officially found, determined, and declared that the Initial Purchaser submitted the bid which results in the lowest net effective interest rate to the County and delivery of the Bonds to the Initial Purchaser shall be made as soon as practicable after the adoption of this Order, upon payment therefor, in accordance with the terms of sale. The Initial Bond shall be registered in the name of the Initial Purchaser. The officers of the County are hereby authorized and directed to execute and deliver such certificates, instructions, or other instruments as are required or necessary to accomplish the purposes of this Order. (b) The County hereby approves the form and content of the Official Statement relating to the Bonds and any addenda, supplement, or amendment thereto (the "Official Statement"), and approves the distribution of such Official Statement in the reoffering of the Bonds by the Initial Purchaser in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The form and 17- Vol. 262 Pg. /, content of and the distribution and use of the Preliminary Official Statement relating to the Bonds, dated October 17, 2017 (the "Preliminary Official Statement"), prior to the date hereof, is hereby ratified and confirmed. The County hereby finds and determines that the Preliminary Official Statement is "deemed final" as that term is defined in the Rule. (c) The proceeds from the sale of the Bonds shall be applied as follows: (i) $46,442,820.34 which shall be deposited to credit of the Escrow Fund, which proceeds shall be used to retire the Refunded Obligations, as provided in Schedule I attached hereto; (ii) the accrued interest shall be deposited to the Interest and Sinking Fund; and (iii) the balance of the proceeds shall be used to pay the cost of issuing the Bonds. As provided by the Refunded Obligations Orders, the deposit of such proceeds shall accomplish the payment or defeasance of the Refunded Obligations. Section 20. Approval of Escrow Agreement. The County Judge is hereby authorized and directed to execute and deliver and the County Clerk of the County is hereby authorized and directed to attest the Escrow Agreement, substantially in the form attached hereto as Exhibit "B". Section 21. Custody, Approval, and Registration of Bonds. (a) Initially, one Bond (the "Initial Bond") numbered I-1 and being in the principal amount of the Bonds shall be registered in the name of Morgan Stanley & Co., LLC, and shall be executed and submitted to the Attorney General of the State of Texas (the "Attorney General") for approval, and thereupon certified by the Comptroller of Public Accounts of the State of Texas (the "Comptroller") or his duly authorized agent, by manual signature, and the Initial Bond shall be effective and valid without the Authentication Certificate being signed by the Paying Agent/Registrar. At any time thereafter, the Initial Purchaser may deliver the Initial Bond to the Paying Agent/Registrar for exchange, accompanied by instructions from the Initial Purchaser designating the persons, maturities, and principal amounts to and in which the Initial Bond is to be transferred and the addresses of such persons, and the Paying Agent/Registrar shall thereupon, within not more than three days, register and deliver such Bonds as provided in such instructions. (b) The County Judge of the County is hereby authorized to have control of the Initial Bond and all necessary records and proceedings pertaining to the Initial Bond pending its delivery and its investigation, examination, and approval by the Attorney General, and its registration by the Comptroller. Upon registration of the Initial Bond the Comptroller (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Bond, and the seal of the Comptroller shall be impressed, or placed in facsimile, on the Initial Bond. The legal opinion of Bond Counsel and the assigned CUSIP numbers may, at the option of the County, be printed on or attached to the Initial Bond or any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the Owners of the Bonds. Section 22. Defeasance and Purchase. (a) Except to the extent provided in subsection (c) of this Section, any Bond, and the interest thereon, shall be deemed to be paid, retired, and no longer outstanding within the meaning of this Order (a "Defeased Bond") when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to a person described by Section 1207.061(a), Texas Government Code (a "Depository"), with respect to the safekeeping, investment, administration, and disposition of a deposit made under Section 1207.061, Texas Government Code, for such payment (the "Deposit") (A) lawful money of the United States of America sufficient to make such payment or (B) Governmental Obligations, which may be in book -entry form, that mature and bear interest payable at times and in amounts sufficient to provide for the scheduled payment of any Defeased Bond. To cause a Bond scheduled to be paid on a date later than the next scheduled interest payment date on such Bond to become a Defeased Bond, the County must, with respect to the Deposit, enter into an escrow or similar agreement with a Depositary. -18- Vol. 262 Pg. A_14Z In connection with any defeasance of the Bonds, the County shall cause to be delivered: (i) in the event an escrow or similar agreement has been entered into with a Depositary to effectuate such defeasance, a report of an independent firm of nationally recognized certified public accountants verifying the sufficiency of the escrow established to pay the Defeased Bonds in full on the maturity date thereof (the `Verification'); or (ii) in the event no escrow or similar agreement has been entered into, a certificate from the County Judge certifying that the amount deposited with a Depositary is sufficient to pay the Defeased Bonds in full on the maturity date thereof. In addition to the required Verification or certificate, the County shall also cause to be delivered an opinion of nationally recognized bond counsel to the effect that the Defeased Bonds are no longer outstanding pursuant to the terms hereof and a certificate of discharge of the Paying Agent/Registrar with respect to the Defeased Bonds. The Verification, if any, and each certificate and opinion required hereunder shall be acceptable in form and substance, and addressed, if applicable, to the Paying Agent/Registrar and the County. The Bonds shall remain outstanding hereunder unless and until they are in fact paid and retired or the above criteria are met. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, and all herein required criteria have been met, such Bond and the interest thereon shall no longer be outstanding or unpaid and shall no longer be entitled to the benefits of the pledge of the security interest granted under this Order, and such principal and interest shall be payable solely from the Deposit of money or Governmental Obligations. (b) Any money so deposited with a Depositary may at the written direction of the County also be invested in Governmental Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Governmental Obligations received by a Depositary which is not required for the payment of the Defeased Bonds and interest thereon, with respect to which such money has been so deposited, shall be used as directed in writing by the County. (c) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perforin the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the County shall make proper arrangements to provide and pay for such services as required by this Order. (d) The County reserves the right to purchase any of the Bonds for cancellation at any time and at any price. Section 23. Order a Contract; Amendments. This Order shall constitute a contract with the Owners, from time to time, of the Bonds, binding on the County and its successors and assigns, and shall not be amended or repealed by the County as long as any Bond remains outstanding except as permitted in this Section. The County may, without the consent of or notice to any Owners, amend, change, or modify this Order as may be required (i) by the provisions hereof, (ii) for the purpose of curing any ambiguity, inconsistency, or formal defect or omission herein, or (iii) in connection with any other change which is not to the prejudice of the Owners. The County may, with the written consent of the Owners of a majority in aggregate principal amount of Bonds then outstanding affected thereby, amend, change, modify, or rescind any provisions of this Order; provided, however, that without the consent of all of the Owners of the Bonds affected, no such amendment, change, modification, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount or redemption price thereof or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on bonds or certificates on a parity with the lien of the Bonds, (ii) give any preference of any Bond over any other Bond, (iii) extend any waiver of default to subsequent defaults, or (iv) reduce the aggregate principal amount of Bonds required for consent to any such amendment, change, modification, or rescission. In the event the County desires to make any amendment or addition to or rescission of this Order requiring consent of the Owners of the Bonds, the County shall cause notice of the amendment, addition, or rescission to be given at least 30 days prior to the scheduled effective date of such action, said notice to be sent by United States mail, first-class postage prepaid, to the Owners of the Bonds at the addresses appearing on the Register at the close of business on the business day next owl Vol. 262 Pg. %��� preceding the date of mailing of such notice. Any notice so mailed will be conclusively presumed to have been duly given, irrespective of whether one or more Owners failed to receive such notice or any defect in such notice. When, at any time within one year after the date of the giving of such notice, the County receives an instrument or instruments in writing executed by the appropriate number of Owners of the Bonds then outstanding affected by any such amendment, addition, or rescission requiring the consent of Owners of the Bonds, which instrument or instruments refer to the proposed amendment, addition, or rescission described in such notice and specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the County may adopt such amendment, addition, or rescission in substantially such form, except as herein provided. No Owner of the Bonds may thereafter object to the adoption of such amendment, addition, or rescission, or to any of the provisions thereof, and such amendment, addition, or rescission shall be fully effective for all purposes. Section 24. Matters Related to Refunding. (a) In order that the County shall satisfy in a timely manner all of its obligations under this Order, the County Judge of the County and all other appropriate officers and agents of the County are hereby authorized and directed to take all other actions that are reasonably necessary to provide for the refunding of the Refunded Obligations including, without limitation, executing and delivering on behalf of the County all certificates, consents, receipts, requests, notices, and other documents as may be reasonably necessary to satisfy the County's obligations under this Order and to direct the transfer and application of funds of the County consistent with the provisions of this Order. (b) The County hereby irrevocably calls the Refunded Obligations for redemption prior to maturity, as provided in Schedule I attached hereto, and authorizes and directs notice of such redemption to be given as provided in the form attached hereto as Exhibit "C". (c) Certain legally available funds from the Interest and Sinking Funds for the Refunded Obligations and proceeds of the Bonds shall be used to refund the Refunded Obligations. Section 25. Further Procedures. The County Judge, the County Clerk, the County Auditor, the County Treasurer, the County's Financial Advisor, and all other officers, employees, attorneys, and agents of the County, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the seal and on behalf of the County, all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Order, the Bonds, the Escrow Agreement, the Paying Agent/Registrar Agreement, and the Official Statement. Prior to the initial delivery of the Bonds, the County Judge and Bond Counsel to the County are hereby authorized and directed to approve any technical changes or corrections to this Order or to any of the instruments authorized by this Order necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Order, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Attorney General. Section 26. Attorney General Examination Fee. The County recognizes that under Section 1202.004, Texas Government Code, the Attorney General requires a nonrefundable examination fee be paid at the time of submission of the transcript of the proceedings authorizing the Bonds and that, based upon the principal amount of the Bonds, such fee is $9,500.00. Bond Counsel is accommodating the County by paying such fee upon such submission of such transcript. Officials of the County are, however, hereby authorized to reimburse Bond Counsel such amount as soon as possible and whether or not the Bonds are ever delivered and such amount is hereby appropriated from available funds for such purpose. The County is also authorized to reimburse the fund used for such repayment with proceeds of the Bonds. -20- Vol. 262 Pg. / `l�,o Section 27. Miscellaneous Provisions. (a) Incorporation of Preamble. The preamble to this Order is incorporated by reference in this Order. (b) Titles Not Restrictive. The titles assigned to the various sections of this Order are for convenience only and shall not be considered restrictive of the subject matter of any section or of any part of this Order. (c) Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Order are hereby repealed and declared to be inapplicable, and the provisions of this Order shall be and remain controlling as to the matters prescribed herein. (d) Severability. If any word, phrase, clause, paragraph, sentence, part, portion, or provision of this Order or the application thereof to any person or circumstances shall be held to be invalid, the remainder of this Order shall nevertheless be valid and the County hereby declares that this Order would have been enacted without such invalid word, phrase, clause, paragraph, sentence, part, portion, or provisions. (e) Governing Law. This Order shall be construed and enforced in accordance with the laws of the State of Texas. (t) Open Meeting. The County officially finds and determines the meeting at which this Order is adopted was open to the public and that public notice of the time, place, and purpose of such meeting was given, all as required by Chapter 551, Texas Government Code. APPROVED this October 24, 2017. /s/ Karen McQueen /s/ Duane Peters County Clerk, Brazos County, Texas County Judge, Brazos County, Texas -21- Vol. 262 Pg. /'�/ � SCHEDULEI Refunded Obligations Limited Tax Bonds, Series 2008 Maturity Dates Interest Rate Principal Amount Call Date Redeemed 09/01/2019 4.000% 2,990,000 09/01/2018 09/01/2020 4.000% 3,125,000 09/01/2018 09/01/2021 4.125% 3,265,000 09/01/2018 09/01/2022 5.000% 3,415,000 09/01/2018 09/01/2023 5.000% 3,570,000 09/01/2018 09/01/2024 5.000% 3,730,000 09/01/2018 09/01/2025 5.000% 3,895,000 09/01/2018 09/01/2026 4.500% 4,070,000 09/01/2018 09/01/2027 4.500% 4,255,000 09/01/2018 09/01/2028 4.500% 4.445.000 09/01/2018 Total 536.760.000 Certificates of Obligation, Series 2009 Maturity Dates Interest Rate Principal Amount Call Date Redeemed 09/01/2020 4.000% 475,000 09/01/2019 09/01/2021 4.000% 475,000 09/01/2019 09/01/2022 4.000% 470,000 09/01/2019 09/01/2023 4.000% 475,000 09/01/2019 09/01/2024 4.000% 475,000 09/01/2019 09/01/2025 4.100% 440,000 09/01/2019 09/01/2026 4.100% 500,000 09/01/2019 09/01/2027 4.150% 500,000 09/01/2019 09/01/2028 4.200% 510,000 09/01/2019 09/01/2029 4.250% 530,000 09/01/2019 09/01/2031 4.350% 1,250,000 09/01/2019 09/01/2034 4.500% 1.860,000 09/01/2019 Total $Z 964 QOIl *Represents a Term Certificate Schedule I Vol. 262 Pg. /`4 EXHIBIT A Paying Agent/Registrar Agreement A-1 Vol. 262 Pg. /`//, EXHIBIT B Escrow Agreement ME Vol. 262 Pg. EXHIBIT C NOTICE OF REDEMPTION To the Holders of THE FOLLOWING NAMED SERIES OF BRAZOS COUNTY, TEXAS LIMITED TAX BONDS, SERIES 2008 DATED MAY 1, 2008 NOTICE IS HEREBY GIVEN that BRAZOS COUNTY, TEXAS has called for redemption ON SEPTEMBER 1, 2018 AT A PRICE OF PAR, PLUS ACCRUED INTEREST the following described outstanding Bonds of the above described series as follows: MATURITY PRESENT PRINCIPAL DATES CUSIP AMOUNT (September 11 NUMBERS REDEEMED CALL DATE 2019 106205MS3 $2,990,000.00 09/01/2018 2020 106205M'I'l 3,125,000.00 09/01/2018 2021 106205MU8 3,265,000.00 09/01/2018 2022 106205MV6 3,415,000.00 09/01/2018 2023 106205MW4 3,570,000.00 09/01/2018 2024 106205MX2 3,730,000.00 09/01/2018 2025 106205MYO 3,895,000.00 09/01/2018 2026 106205MZ7 4,070,000.00 09/01/2018 2027 106205NAI 4,255,000.00 09/01/2018 2028 106205NB9 4.445.000.00 09/01/2018 TOTAL 26.760.000.00 NOTICE IS FURTHER GIVEN that due and proper arrangements have been made for providing U.S. BANK NATIONAL ASSOCIATION, the Paying Agent for the Bonds called for redemption, with funds sufficient to pay the redemption price of the Bonds equal to the principal amount of the Bonds and the interest thereon to the redemption date. In the event the Bonds, or any of them, are not presented for redemption by the date fixed for their redemption, they shall not thereafter bear interest. If due provision for the payment of the redemption price is made, then the Bonds automatically shall be deemed to have been redeemed prior to their scheduled maturity, and they shall not bear interest after the redemption date, and they shall not be regarded as being outstanding except for the right of the owner thereof to receive the redemption price from the Paying Agent. TIES NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing the issuance of the Bonds and in accordance with the recitals and provisions of each of the Bonds. C-1 Vol. 262 Pg. /-� NOTICE IS FURTHER GIVEN THAT the Bonds will be payable at and should be submitted either in person or by certified or registered mail to the following address: U.S. Bank National Association Global Corporate Trust Services 111 Fillmore Ave E St. Paul, MN 55107 IMPORTANT NOTICE: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001 and broker reporting requirements, the redeeming institution is required to withhold 30.50% of the principal amount of your holdings redeemed unless it is provided with a W-9 Form certifying your social security number or federal employer tax identification number. EXECUTED UNDER MY HAND and seal of office this November 15, 2017. /s/ Duane Peters Duane Peters, County Judge Brazos County, Texas Any questions regarding this notice may be addressed to (800) 934-6802. U.S. BANK NATIONAL ASSOCIATION as Paying Agent/Registrar C-2 Vol. 262 Pg. /� NOTICE OF REDEMPTION To the Holders of THE FOLLOWING NAMED SERIES OF BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2009 DATED OCTOBER 15, 2009 NOTICE IS HEREBY GIVEN that BRAZOS COUNTY, TEXAS has called for redemption ON SEPTEMBER 1, 2019 AT A PRICE OF PAR, PLUS ACCRUED INTEREST the following described outstanding Certificates of Obligation of the above described series as follows: MATURITY PRESENT PRINCIPAL DATES CUSIP AMOUNT (September 1) NUMBERS REDEEMED CALL DATE 2020 106205NN3 $475,000.00 09/01/2019 2021 106205NP8 475,000.00 09/01/2019 2022 106205NQ6 470,000.00 09/01/2019 2023 106205NR4 475,000.00 09/01/2019 2024 106205NS2 475,000.00 09/01/2019 2025 106205NTO 440,000.00 09/01/2019 2026 106205NU7 500,000.00 09/01/2019 2027 106205NV5 500,000.00 09/01/2019 2028 106205NW3 510,000.00 09/01/2019 2029 106205NX1 530,000.00 09/01/2019 **** ******* ***** **** 2031* 106205NY9 1,250,000.00 09/01/2019 **** ******* ***** **** 2034* 106205NZ6 1.860,000.00 09/01/2019 TOTAL $7.960.000.00 *Represents a Tenn Certificate NOTICE IS FURTHER GIVEN that due and proper arrangements have been made for providing U.S. BANK NATIONAL ASSOCIATION, the Paying Agent for the Certificates of Obligation called for redemption, with funds sufficient to pay the redemption price of the Certificates of Obligation equal to the principal amount of the Certificates of Obligation and the interest thereon to the redemption date. In the event the Certificates of Obligation, or any of them, are not presented for redemption by the date fixed for their redemption, they shall not thereafter bear interest. If due provision for the payment of the redemption price is made, then the Certificates of Obligation automatically shall be deemed to have been redeemed prior to their scheduled maturity, and they shall not bear interest after the redemption date, and they shall not be regarded as being outstanding except for the right of the owner thereof to receive the redemption price from the Paying Agent. THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing the issuance of the Certificates of Obligation and in accordance with the recitals and provisions of each of the Certificates of Obligation. NOTICE IS FURTHER GIVEN THAT the Certificates of Obligation will be payable at and should be submitted either in person or by certified or registered mail to the following address: C-3 Vol. 262 Pg. /5� U.S. Bank National Association Global Corporate Trust Services 111 Fillmore Ave E St. Paul, MN 55107 IMPORTANT NOTICE: In compliance with .the Economic Growth and Tax Relief Reconciliation Act of 2001 and broker reporting requirements, the redeeming institution is required to withhold 30.50% of the principal amount of your holdings redeemed unless it is provided with a W-9 Form certifying your social security number or federal employer tax identification number. EXECUTED UNDER MY HAND and seal of office this November 15, 2017. /s/ Duane Peters Duane Peters, County Judge Brazos County, Texas Any questions regarding this notice may be addressed to (800) 934-6802. U.S. BANK NATIONAL ASSOCIATION as Paying Agent/Registrar C-4 Vol. 262 Pg. l5 EXHIBIT D Description of Annual Financial Information The following information is referred to in Section 17 of the Order. Annual Financial Information and Operating Data. The financial information and operating data with respect to the County to be updated and provided annually in accordance with such Section are as specified (and under the headings of the Official Statement referred to) below: (a) all quantitative financial information and operating data of the general type included in the Official Statement and tables listed in the main text of the Official Statement under the captions "TAX DATA" and "FINANCIAL INFORMATION"; (b) audited financial statements of the County, if the County commissions an audit and the audit is completed by the required time, and, if audited financial statements are not available by the required time, unaudited financial statements and audited financial statements when and if they become available; and (c) the data attached to the Official Statement as "APPENDIX A". Accounting Principles. The accounting principles, with respect to the County, referred to in such Section are the accounting principles described in "APPENDIX A" attached to the Official Statement or such other accounting principles as the County may be required to employ from time to time pursuant to state law or regulation. D-1 Vol. 262 Pg. /J-, CERTIFICATE FOR ORDER We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County') hereby certify as follows: 1. The Commissioners Court of the County (the "Commissioners Court") convened in regular session, open to the public, on October 24, 2017 at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Duane Peters, County Judge Nancy Berry, Commissioner, Pct. 3 Steve Aldrich, Commissioner, Pct. I Irma Cauley, Commissioner, Pct. 4 Sammy Catalena, Commissioner, Pct. 2 All members of the Commissioners Court were present, except being at least four members, thus constituting a quorum. Whereupon among oth4rInisiness, the following was transacted at the Meeting: a written ORDER AUTHORIZING THE ISSUANCE OF "BRAZOS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS, SERIES 2017", AUTHORIZING AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING OTHER MATTERS RELATING THERETO (the "Order") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Order be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Order prevailed and carred by the following vote being at least three favorable votes: AYES: 6 NOES:6 ABSTENTIONS: Q Therefore, the requirements of Section 81.006, Texas Local Government Code have been met. 2. A true, full, and correct copy of the Order adopted at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the Meeting pertaining to the adoption of the Order, the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Commissioners Court as indicated therein; each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code. 3. Karen McQueen is the duly elected and acting County Clerk of the County. SIGNED AND SEALED this October 24, 2017. \ —� 4cueen• Duane Peters y,Brazos. County, Texas County Judge, Brazos County, Texas USS1ONERS COURT SEAL) X \ Vol. 262 Pg. /_5Z ORDER AUTHORIZING THE ISSUANCE OF `BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2017; AUTHORIZING A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING OTHER MATTERS RELATING THERETO Vol. 262 Ni. TABLE OF CONTENTS Page Section 1. Authorization of the Certificates.................................................................................................. l Section 2. Date, Denominations, Numbers, and Maturities of Interest on the Certificates .......................... I Section 3. General Characteristics and Form of the Certificates..................................................................2 Section4. Definitions.................................................................................................................................... 8 Section5. County Funds............................................................................................................................. 10 Section 6. Investments and Security........................................................................................................... 11 Section 7. Covenants of the County............................................................................................................ 11 Section8. Paying Agent/Registrar..............................................................................................................13 Section 9. Initial Certificate; Exchange or Transfer of Certificates............................................................ 14 Section 10. Book -Entry -Only System......................................................................................................... 15 Section 11. County Officers' Duties........................................................................................................... 15 Section 12. Remedies of Owners................................................................................................................ 16 Section 13. Lost, Stolen, Destroyed, Damaged, or Mutilated Certificates; Destruction of Paid Certificates..................................................................................................................................... 16 Section14. Redemption.............................................................................................................................. 17 Section15. Defeasance............................................................................................................................... 17 Section 16. Order a Contract; Amendments...............................................................................................18 Section 17. Sale and Delivery of Certificates............................................................................................. 19 Section18. Use of Proceeds........................................................................................................................ 19 Section 19. Continuing Disclosure.............................................................................................................. 19 Section 20. Perfection of Security Interest.................................................................................................. 21 Section 21, Further Procedures................................................................................................................... 21 Section22. Attorney General Examination Fee.......................................................................................... 22 Section23. Other Documents..................................................................................................................... 22 Section 24. Successor Registrar, Successor Paying Agent......................................................................... 22 Section 25. Nonpresentment of Certificates...............................................................................................22 Section 26. Miscellaneous Provisions.........................................................................................................23 Exhibit A — Paying Agent/Registrar Agreement Exhibit B — Description of Annual Financial Information -i- Vol. 262 Pg. / ORDER AUTHORIZING THE ISSUANCE OF 'BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2017"; AUTHORIZING A PAYING AGENTIREGISTRAR AGREEMENT; AND APPROVING OTHER MATTERS RELATING THERETO WHEREAS, the Commissioners Court of Brazos County, Texas (the "County") deems it advisable to issue the Certificates (defined herein) for the purposes described in Section 3 of this Order; WHEREAS, the Certificates hereinafter authorized and designated are to be issued and delivered for cash pursuant to Subchapter C, Chapter 271, Texas Local Government Code, and Section 320.073, Texas Local Government Code; WHEREAS, the Commissioners Court has heretofore, on August 29, 2017, passed an order authorizing and directing the County Judge or the County Clerk to give notice of intention to issue the Certificates, which notice as published is hereby ratified and has been duly published in The Eagle which is a newspaper of general circulation in the County, in its issues of September 5, 2017, and September 12, 2017, the date of the first publication being at least 30 days prior to the tentative date stated in such notice for passage of this Order; WHEREAS, the County has received no petition from the qualified voters of the County protesting the issuance of the Certificates; WHEREAS, the terms of the sale of the Certificates are the most reasonable and advantageous and it is in the best interest of the County that the Certificates be issued as hereinafter provided; and WHEREAS, in accordance with the provisions of Section 81.006, Texas Local Government Code, the Commissioners Court hereby finds and determines that this Order was adopted at a regularly scheduled meeting of the Commissioners Court; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Section 1. Authorization of the Certificates. There is hereby authorized to be issued and delivered a series of certificates of obligation of the County, to be known as `BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2017' (the "Certificates"), in the original aggregate principal amount of $11,650,000 payable from an annual ad valorem tax levied upon all taxable property within the County, within the limits prescribed by law, and by a pledge of $1,000 of certain revenues received by the County from the operation of the Brazos Center for the purposes described in the Form of Certificates contained in Section 3 hereof. Section 2. Date, Denominations, Numbers, and Maturities of Interest on the Certificates. The Certificates shall be dated as of November 1, 2017 (the "Dated Date"), shall be in denominations of $5,000 each or any integral multiple thereof, shall be numbered I-1 for the Initial Certificate (defined herein) and consecutively from R-1 upward for the definitive Certificates, and shall mature on September 1 in each of the years as provided in the following schedule. The Certificates shall bear interest at the specified rates per annum from the Dated Date, such interest payable semi-annually beginning March 1, 2018, and continuing on each September I and March I thereafter through the respective maturity, as shown below: -1- Vol. 262 Pg. IJ Maturity Date Principal Maturity Date Principal (September 1) Installment Interest Rate (September 1) Installment Interest Rate 2018 $405,000 2.000% 2028 $590,000 4.000% 2019 435,000 2.000% 2029 615,000 3.000% 2020 445,000 3.000% 2030 630,000 3.000% 2021 455,000 3.000% 2031 650,000 3.000% 2022 470,000 3.000% 2032 670,000 3.000% 2023 485,000 4.000% 2033 690,000 3.000% 2024 505,000 4.000% 2034 710,000 3.000% 2025 525,000 4.000% 2035 730,000 3.000% 2026 545,000 4.000% 2036 755,000 3.000% 2027 565,000 4.000% 2037 775,000 3.000% Section 3. General Characteristics and Form of the Certificates. The Certificates shall (i) be issued; (ii) be payable; (iii) be redeemable prior to their scheduled maturities; (iv) have the characteristics; and (v) be signed, sealed, and executed, all as provided and in the manner indicated in the form set forth below. The Form of the Certificates, the Form of the Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and manually endorsed on the Initial Certificate, the Form of the Authentication Certificate, and the Form of Assignment, which shall be, respectively, substantially as follows, with necessary and appropriate variations, omissions, and insertions as permitted or required by this Order, and the definitions contained within each such form shall apply solely to such form: NUMBER R - REGISTERED INTEREST RATE FORM OF CERTIFICATES [FORM OF DEFINITIVE CERTIFICATES] United States of America State of Texas BRAZOS COUNTY, TEXAS CERTIFICATE OF OBLIGATION, SERIES 2017 DATED DELIVERY MATURITY DATE November 1. 2017 17-7If'1 F`r111Tt7�Z�]�AI� 7��77�Kia PRINCIPAL AMOUNT: DATE DATE November 15, 2017 September 1, DOLLARS (S ) DENOMINATION REGISTERED CUSIP NO. BRAZOS COUNTY, TEXAS (the "County"), being a body corporate and a political subdivision of the State of Texas, promises to pay to the Owner, specified above, or registered assigns (either, the "Owner"), on the Maturity Date specified above, upon presentation and surrender of this Certificate at the designated payment office of BRANCH BANKING AND TRUST COMPANY, Wilson, North Carolina, or -2- Vol.-262 Pg. ��G� its successor (the "Paying Agent/Registrar"), to wit: the Principal Amount, specified above, in lawful money of the United States of America, and to pay interest thereon at the Interest Rate, specified above, calculated on the basis of a 360 -day year of twelve 30 -day months, from the later of the Dated Date, specified above, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this Certificate is payable semi-annually by check beginning March 1, 2018, and continuing each September 1 and March 1 thereafter through maturity, mailed to the Owner of record as shown on the register kept by the Paying Agent/Registrar (the "Register"), as of the Record Date (hereinafter defined), or in such other manner as may be acceptable to the Owner and the Paying Agent/Registrar. The date for determining the person to whom interest is payable on any interest payment date (the "Record Date") is the fifteenth day of the month next preceding a scheduled payment. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new Record Date for such payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment thereof have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due payment (the "Special Payment Date", which shall be 15 calendar days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of the Owner appearing on the Register at the close of business on the last business day next preceding the date of mailing of such notice. The County covenants with the Owner that no later than each principal installment payment date and interest payment date for this Certificate it will make available to the Paying Agent/Registrar the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due, in the manner set forth in the order authorizing the issuance of the Certificates adopted by the Commissioners Court of the County on October 24, 2017 (the "Order"). THIS CERTIFICATE is one of a series of Certificates dated as of the Dated Date specified above of like designation, date, and tenor, except as to number, interest rate, denomination, and maturity, issued pursuant to the Order in the original aggregate principal amount of $11,650,000 for the purpose of providing for the payment of contractual obligations to be incurred in connection with the design, planning, acquisition, construction, equipping, expansion, improvement, and/or renovation of the juvenile detention center; and the payment of contractual obligations for professional services in connection with such projects and issuance costs (including, but not limited to, financial advisory, legal, architectural, and engineering). THE CERTIFICATES are issued pursuant to the Order, whereunder the Commissioners Court of the County covenants to levy a continuing, direct, annual ad valorem tax on taxable property within the County, within the limits prescribed by law, for each year while any part of the Certificates are considered outstanding under the provisions of the Order, in a sufficient amount to pay interest on each Certificate as it becomes due, to provide a sinking fund for the payment of the principal of the Certificates when due, and to pay the expenses of assessing and collecting such tax, and this Certificate is additionally secured by and payable from a pledge of $1,000 of certain of the revenues received by the County from the operation of the Brazos Center (the "Center"). Reference is hereby made to the Order for provisions with respect to the custody and application of the County's funds, remedies in the event of a default hereunder or thereunder, and the other rights of the Owner. By acceptance of this Certificate, the Owner consents to all of the provisions of the Order, a certified copy of which is on file in the office of the County Clerk. THE COUNTY RESERVES THE RIGHT to redeem the Certificates having stated maturities on or after September 1, 2028, in whole or in part, on September 1, 2027 or on any date thereafter. Such optional redemption shall be at a redemption price of par plus accrued interest on the principal amounts called for redemption to the date fixed for redemption. If less than all of the Certificates are to be redeemed, the particular Certificates to be redeemed shall be selected by the County in integral multiples of $5,000 within any one maturity. .3. Vol. 262 Pg. 141 AT LEAST 45 DAYS PRIOR to the date fixed for any redemption of Certificates or portions thereof prior to maturity, a written notice of such redemption shall be given by the County to the Paying Agent/Registrar, and the Paying Agent/Registrar shall send a copy of such notice at least 30 days prior to the date fixed for redemption by United States mail, fust class, postage prepaid, addressed to the Owner of each Certificate to be redeemed in whole or in part at the address shown on the Register at the close of business on the business day next preceding the date of mailing such notice; provided, however, that any notice of redemption so mailed will be conclusively presumed to have been duly given, irrespective of whether one or more Owners failed to receive such notice or any defect in such notice. When Certificates or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption, and redeemed Certificates shall no longer be regarded as outstanding except for the right of the Owner or Owners thereof to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which such banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE IS TRANSFERABLE OR EXCHANGEABLE only upon presentation and surrender at the designated payment office of the Paying Agent/Registrar. If this Certificate is being transferred, it shall be duly endorsed for transfer or accompanied by an assignment duly executed by the Owner, or his authorized representative, subject to the terms and conditions of the Order. If this Certificate is being exchanged, it shall be in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Order. The Owner of this Certificate shall be deemed and treated by the County and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the County and the Paying Agent/Registrar shall not be affected by any notice to the contrary. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the County, resigns, or otherwise ceases to act as such, the County has covenanted in the Order that it promptly will appoint a competent and legally qualified substitute therefor and cause written notice thereof to be mailed to the Owners. IT IS HEREBY CERTIFIED, COVENANTED, AND REPRESENTED that all acts, conditions, and things necessary to be done precedent to the issuance of the Certificates in order to render the same legal, valid, and binding obligations of tate County have happened and have been accomplished and performed in regular and due time, form, and manner, as required by law; that provision has been made for the payment of the principal of and interest on the Certificates by the levy of a continuing, direct, annual ad valorem tax upon all taxable property within the County, within the limit prescribed by law, and from the above-described limited pledge of $1,000 from certain revenues received by the County from its ownership and operation of the Center; and that issuance of the Certificates does not exceed any constitutional or statutory limitation. BY BECOMING the Owner of this Certificate, the Owner thereby acknowledges all of the terms and provisions of the Order, agrees to be bound by such terms and provisions, and agrees that the terms and provisions of this Certificate and the Order constitute a contract between each Owner and the County. -4- Vol. 262 Pg. /� ' IN WITNESS WHEREOF, this Certificate has been signed with the manual or facsimile signature of the County Judge of the County and countersigned with the manual or facsimile signature of the County Clerk of the County, and the official seal of the County has been duly impressed, or placed in facsimile, on this Certificate. BRAZOS COUNTY, TEXAS /s/ Karen McQueen /s/ Duane Peters Karen McQueen Duane Peters County Clerk County Judge (COMMISSIONERS COURT SEAL) [FORM OF INITIAL CERTIFICATE] The Initial Certificate shall be in the form set forth above for the definitive Certificates, except the following shall replace the heading and the first paragraph: NO. I-1 United States of America State of Texas BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2017 $11,650,000 Dated Date: NOVEMBER 1, 2017 Delivery Date: NOVEMBER 15, 2017 Registered Owner: HILLTOP SECURITIES INC. Principal Amount: ELEVEN MILLION SIX HUNDRED AND FIFTY THOUSAND AND 00/100 DOLLARS ($11,650,000) BRAZOS COUNTY, TEXAS (the "County"), for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Owner, specified above, or the registered assigns thereof (the "Owner"), the Principal Amount, specified above, with principal installments payable on September 1 in each of the years, and bearing interest at per annum rates in accordance with the following schedule: MATURITY PRINCIPAL INTEREST DATE INSTALLMENT ($) RATE % (Information to be inserted from schedule appearing in Section 2 of the Order.) -5- Vol. 262 Pg. /(J, INTEREST on the unpaid Principal Amount hereof from the Dated Date, as specified above, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for shall be paid, computed on the basis of a 360 -day year of twelve 30 -day months, such interest being payable on March 1 and September I of each year, commencing March 1, 2018. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The final payment of principal of this Certificate shall be paid to the Owner hereof upon presentation and surrender of this Certificate at final maturity, at the designated payment office of BRANCH BANKING AND TRUST COMPANY, Wilson, North Carolina, or its successors, which is the "Paying Agent/Registrar" for this Certificate. The payment of principal installments and interest on this Certificate shall be made by the Paying Agent/Registrar to the Owner hereof as shown on the books of register kept by the Paying Agent/Registrar (the "Register") at the close of business on the Record Date (hereinafter defined) by check drawn by the Paying Agent/Registrar on, and payable solely from, funds of the County required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, postage prepaid, on each such payment date, to the Owner hereof at its address as it appears on the Register, as hereinafter described. The date for determining to whom interest is payable on any interest payment date (the "Record Date") means the fifteenth calendar day of the month preceding a scheduled payment. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new Record Date for such payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment thereof have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due payment (the "Special Payment Date", which shall be 15 calendar days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of the Owner appearing on the Register at the close of business on the last business day next preceding the date of mailing of such notice. The County covenants with the Owner that no later than each principal installment payment date and interest payment date for this Certificate it will make available to the Paying Agent/Registrar the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due, in the manner set forth in the order authorizing the issuance of the Certificates adopted by the Commissioners Court of the County on October 24, 2017 (the "Order"). FORM OF AUTHENTICATION CERTIFICATE (DEFINITIVE CERTIFICATE ONLY) AUTHENTICATION CERTIFICATE This Certificate of Obligation is one of the Certificates described in and delivered pursuant to the within -mentioned Order, and this Certificate has been issued in conversion of and exchange for, or replacement of, a Certificate, Certificates, or a portion of a Certificate or Certificates of an issue which was originally approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. E-2 Vol. 262 Pg. 16,51 BRANCH BANKING AND TRUST COMPANY Wilson, North Carolina Paying Agent/Registrar Registration Date: By Authorized Signature FORM OF REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS (INITIAL CERTIFICATE ONLY) COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTERNO. 1 HEREBY CERTIFY THAT there is on file and of record in my office a certificate to the effect that the Attorney General of the State of Texas has examined and finds that this Certificate of Obligation has been issued in conformity with the Constitution and laws of the State of Texas and is a valid and binding obligation of Brazos County, Texas, and further that this Certificate of Obligation has been registered this day by me. WITNESS my signature and seal of office this (COMPTROLLER'S SEAL) Comptroller of Public Accounts ofthe State of Texas FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto name the within Certificate of Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Certificate of Obligation on the books kept for registration thereof, with full power of substitution in the premises. Dated: -7- Vol.-262 Pg. / i Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a NOTICE: The signature above must correspond with member firm of the New York Stock Exchange the name of the Owner as it appears upon the front of or a commercial bank or trust company. this Certificate of Obligation in every particular, without alteration or enlargement or any change whatsoever, The following abbreviations, when used in the Assignment above or on the face of the within Certificate of Obligation, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - Custodian (Cost) (Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the list above. [END OF FORMS] Section 4. Definitions. In addition to other words and terms defined in this Order (except those defined and used in Section 3), and unless a different meaning or intent clearly appears in the context, the following words and terms shall have the following meanings, respectively: "Attorney General" means the Attorney General of the State of Texas. "Bond Counsel" means Winstead PC, or such other nationally -recognized bond counsel selected by the County to serve in such capacity. "Certificate" or "Certificates" means any or all of the Certificates, as the case may be, of that series styled "Brazos County, Texas Certificates of Obligation, Series 2017" authorized by this Order. "Code" means the Internal Revenue Code of 1986, as amended. "Commissioners Court" means the Commissioners Court of the County, being its duly authorized governing body. "Comptroller" means the Comptroller of Public Accounts of the State. "County" means Brazos County, Texas, a body corporate and a political subdivision of the State, or any successor thereto. "County Clerk" means the County Clerk of the County. -8- Vol. 262 Pg. "County Judge" means the County Judge of the County. "DTC" means The Depository Trust Company, New York, New York, and its successors and assigns "Governmental Obligations" means (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent; or (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent. "Initial Certificate" means the Certificate registered by the Comptroller as described in Section 9 hereof. "Interest Payment Date" means, when used in connection with any Certificate, March 1, 2018 and each September I and March I thereafter until maturity or earlier redemption of such Certificate. "Initial Purchaser" means Hilltop Securities Inc. "Official Statement" means the disclosure document dated as of October 24, 2017, along with any supplement or amendment thereto, distributed by the County in connection with the offering and sale of the Certificates. "Order" means this "Order Authorizing the Issuance of `Brazos County, Texas Certificates of Obligation, Series 2017'; Authorizing a Paying Agent/Registrar Agreement; and Approving Other Matters Relating Thereto" adopted by the Commissioners Court on October 24, 2017. "Owner" or "Owners" means any person who shall be the registered owner of any outstanding Certificates, or the assigns thereof. "Paying Agent/Registrar" means Branch Banking and Trust Company, Wilson, North Carolina, and such other bank or trust company as may hereafter be appointed in substitution therefor or in addition thereto to perform the duties of Paying Agent/Registrar in accordance with the provisions of this Order. "Paying Agent/Registrar Agreement" means the Paying Agent/Registrar Agreement dated as of October I, 2017, between the Paying Agent/Registrar and the County substantially in the form of Exhibit "A" attached hereto, which relates to the registration, authentication, and transfer of the Certificates. "Record Date" means the date for determining the person to whom interest is payable on any Interest Payment Date. "Register" means the books of registration kept by the Paying Agent/Registrar in which are maintained the names and addresses of, and the principal amounts registered to, each Owner. 52 Vol. 262 Pg. /01 "Rule" means Rule 15c2-12, as amended, adopted by the United States Securities and Exchange Commission under the Securities Exchange Act of 1934. "State" means the State of Texas. Section 5. County Funds. The County hereby confirms the establishment of the following funds of the County at a depository of the County: (a) Interest and Sinking Fund, Tax Levy, and Pledge of Revenues. The "Brazos County, Texas Certificates of Obligation, Series 2017 Interest and Sinking Fund" (the "Interest and Sinking Fund") is hereby created and shall be established and maintained by the County at an official depository bank of the County. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the County and shall be used only for paying the interest on and principal of the Certificates. The accrued interest received upon the initial delivery of the Certificates, and the net proceeds of all ad valorem taxes levied and collected for and on account of the Certificates, shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Certificates or interest thereon are outstanding and unpaid, the Commissioners Court shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates as such interest comes due and to provide and maintain a sinking fund adequate to pay the principal thereof as such principal matures (but never less than 2% of the original principal amount of the Certificates as a sinking fund each year); and the tax shall be based on the County's latest approved tax rolls, with full allowances being made for tax delinquencies and the cost of tax collection. The rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the County for each year while any of the Certificates or interest thereon are outstanding and unpaid, and the tax shall be assessed and collected each year and deposited to the credit of the Interest and Sinking Fund. The ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. The Certificates additionally shall be payable from and secured by a subordinate lien on and pledge of $1,000 of the revenues generated from the County's ownership and operation of the Brazos Center (the "Center'), such revenues permitted to be pledged by Section 320.073, Texas Local Government Code. Notwithstanding the requirements of this Section, if any revenues of the Center are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to this Section may be reduced to the extent and by the amount of such revenues then on deposit in the Interest and Sinking Fund or budgeted for deposit therein. The County shall deposit such limited pledge of $1,000 of the revenues of the Center to the credit of the Interest and Sinking Fund. The County reserves the right to issue, for any lawful purpose at any time, in one or more installments, bonds, certificates of obligation, and other obligations of any kind payable in whole or in part from, and secured by a pledge of the Center's revenues that may be prior and superior in right to, on a panty with, or junior and subordinate to the $1,000 limited pledge of the revenues additionally securing the Certificates. (b) Construction Fund. The "Brazos County, Texas Certificates of Obligation, Series 2017 Construction Fund" (the "Construction Fund") is hereby created and shall be established and maintained by the County at an official depository bank of the County. The Construction Fund is the fund into which -10- Vol. 262 Pg. le�' the proceeds of the Certificates that remain after making the deposits identified in subsection (a) above shall be deposited and used to accomplish the primary purpose for which the Certificates are issued. Money in the Construction Fund shall be used to pay the costs necessary or appropriate to accomplish the purposes for which the Certificates are issued. Section 6. Investments and Security. (a) Investment of Funds. The County may place money in any fund created by this Order in time or demand deposits or invest such money as authorized by law at the time of such deposit; provided, however, that the County hereby covenants that the proceeds of the sale of the Certificates will be used as soon as practicable for the purposes for which the Certificates are issued. Obligations purchased as an investment of money in a fund shall be deemed to be a part of such fund. (b) Amounts Received from Investments. Except as otherwise provided by law, amounts received from the investment of the Construction Fund may be retained in such fund or deposited to the Interest and Sinking Fund as determined by the Commissioners Court. Any amounts received from the investment of the Interest and Sinking Fund shall be deposited in the Interest and Sinking Fund. (c) Security for Funds. All funds created by this Order shall be secured in the manner and to the fullest extent required by law for the security of funds of the County. (d) RemainingFunds unds. Any money remaining after the purposes for which the Certificates have been accomplished shall be deposited in the Interest and Sinking Fund and the Construction Fund shall then be closed. Section 7. Covenants of the County. (a) General Covenants. The County covenants and represents that: (i) the County is a duly created county, operating and existing under the laws of the State, and is duly authorized under the laws of the State to create and issue the Certificates, all action on its part for the creation and issuance of the Certificates has been duly and effectively taken, and the Certificates in the hands of the Owners thereof are and will be valid and enforceable obligations of the County in accordance with their terms; and (ii) the Certificates shall be ratably secured in such manner that no one Certificate shall have preference over other Certificates. (b) Specific Covenants. The County covenants and represents that, while the Certificates are outstanding and unpaid, it will: (i) proceed to acquire and construct with all due diligence and dispatch so much of the projects as shall have been financed with the proceeds of the Certificates; and (ii) levy an ad valorem tax, within the limits prescribed by law, that will be sufficient to provide funds to pay the current interest on the Certificates and to provide the necessary sinking fund, as described in this Order. (c) Covenants Regarding Tax Matters. The County covenants to take any action to maintain, or refrain from any action which would adversely affect, the treatment of the Certificates as obligations described in section 103 of the Code, the interest on which is not includable in "gross income" for federal income tax purposes. In furtherance thereof, the County specifically covenants as follows: -11- Vol. 262 Pg. le- (i) to refrain from taking any action which would result in the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (ii) to take any action to assure that no more than 10% of the proceeds of the Certificates or the projects financed therewith are used for any "private business use", as defined in section 141(b)(6) of the Code or, if more than 10% of the proceeds or the projects financed therewith are so used, that amounts, whether or not received by the County with respect to such private business use, do not under the terms of this Order or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10% of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code; (iii) to take any action to assure that in the event that the "private business use" described in paragraph (ii) hereof exceeds 5% of the proceeds of the Certificates or the projects financed therewith, then the amount in excess of 5% is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (iv) to take any action to assure that no amount which is greater than the lesser of $5,000,000 or 5% of the proceeds of the Certificates is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (v) to refrain from taking any action which would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (vi) except to the extent permitted by section 148 of the Code and the regulations and rulings thereunder, to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(6)(2) of the Code) which produces a materially higher yield over the term of the Certificates; (vii) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (viii) except to the extent otherwise provided in section 148(t) of the Code and the regulations and rulings thereunder, to pay to the United States of America at least once during each five year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90% of the "Excess Earnings", within the meaning of section 148(0 of the Code, and to pay to the United States of America, not later than 60 days after the Certificates have been paid in full, 100% of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; (ix) to maintain such records as will enable the County to fulfill its responsibilities under this subsection and sections 141 and 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Certificates; and (x) to comply with the information reporting requirements of section 149(e) of the Code -12- Vol. 262 Pg. / %G For the purposes of the foregoing, in the case of a refunding obligation, the term "proceeds" includes transferred proceeds and, for purposes of paragraphs (ii) and (iii), proceeds of the refunded obligations The covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Certificates, the County will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally -recognized bond counsel, will not adversely affect the exclusion from gross income of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Certificates, the County agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally -recognized bond counsel, to preserve the exclusion from gross income of interest on the Certificates under section 103 of the Code. Proper officers of the County charged with the responsibility of issuing the Certificates are hereby authorized and directed to execute any documents, certificates, or reports required by the Code and to make such elections, on behalf of the County, which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates. Notwithstanding any other provision in this Order, to the extent necessary to preserve the exclusion from gross income of interest on the Certificates under section 103 of the Code, the covenants contained in this subsection shall survive the later of the defeasance or discharge of the Certificates. (d) Covenants Regarding Sale. Lease. or Disposition of Financed Property. The County covenants that it will regulate the use of the property financed, directly or indirectly, with the proceeds of the Certificates and will not sell, lease, or otherwise dispose of such property unless (i) the County takes the remedial measures as may be required by the Code and the regulations and rulings thereunder in order to preserve the exclusion from gross income of interest on the Certificates under section 103 of the Code or (ii) the County seeks the advice of nationally -recognized bond counsel with respect to such sale, lease, or other disposition. Section 8. Paying Agent/Registrar. The Paying Agent/Registrar is hereby appointed as paying agent and registrar for the Certificates and the County is hereby authorized to enter into any type of agreement necessary for the Paying Agent/Registrar to perform its duties hereunder. The principal of the Certificates shall be payable, without exchange or collection charges, in any coin or currency of the United States of America, which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they respectively become due and payable, whether at maturity or by prior redemption, at the designated payment office of the Paying Agent/Registrar. The interest on each Certificate shall be payable by check payable on the Interest Payment Date mailed by the Paying Agent/Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register, or in such other manner as may be acceptable to the Owner and the Paying Agent/Registrar. The County, the Paying Agent/Registrar, and any other person may treat the person in whose name any Certificate is registered on the Register as the absolute Owner of such Certificate for the purpose of making and receiving payment of the principal thereof and for the further purpose of making and receiving payment of the interest thereon and for all other purposes, whether or not such Certificate is overdue, and neither the County nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Certificate in accordance with -13- Vol. 262 Pg. //� this Order shall be valid and effectual and shall discharge the liability of the County and the Paying Agent/Registrar upon such Certificate to the extent of the sums paid. So long as any Certificates remain outstanding, the Paying Agent/Registrar shall keep the Register at its designated corporate trust office in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of Certificates in accordance with the terms of this Order, The County may at any time and from time to time appoint another Paying Agent/Registrar in substitution for the previous Paying Agent/Registrar; provided, however, that any such Paying Agent/Registrar shall be a corporation organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise trust powers, subject to supervision or examination by federal or state authority, and a transfer agent registered with the United States Securities and Exchange Commission. Any bank or trust company with or into which any Paying Agent/Registrar may be merged or consolidated, or to which the assets and business of any Paying Agent/Registrar may be sold or otherwise transferred, shall be deemed the successor of such Paying Agent/Registrar for the purposes of this Order. The County Judge and the County Clerk, respectively, are hereby authorized to enter into, execute, and deliver the Paying Agent/Registrar Agreement with the initial Paying Agent/Registrar in substantially the form attached hereto as Exhibit "A". Section 9. Initial Certificate; Exchange or Transfer of Certificates. Initially, one Certificate (the "Initial Certificate"), numbered I-1 as described in Section 3 of this Order and representing the entire principal amount of the Certificates, shall be registered in the name of Hilltop Securities Inc. and shall be executed and submitted to the Attorney General for approval, and thereupon certified by the Comptroller or his duly authorized agent, by manual signature, and the Initial Certificate shall be effective and valid without the Authentication Certificate being signed by the Paying Agent/Registrar. At any time thereafter, the Initial Purchaser may deliver the Initial Certificate to the Paying Agent/Registrar for exchange, accompanied by instructions from the Initial Purchaser designating the persons, maturities, and principal amounts to and in which the Initial Certificate is to be transferred and the addresses of such persons, and the Paying Agent/Registrar shall thereupon, within not more than three days, register and deliver such Certificates as provided in such instructions. Each Certificate shall be transferable only upon the presentation and surrender thereof at the designated payment office of the Paying Agent/Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the Owner or his authorized representative in form satisfactory to the Paying Agent/Registrar. Upon presentation of any Certificate for transfer, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor, to the extent possible and under reasonable circumstances within three business days after such presentation, a new Certificate or Certificates, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Certificate or Certificates so presented. All Certificates shall be exchangeable upon presentation and surrender thereof at the designated payment office of the Paying Agent/Registrar for a Certificate or Certificates of the same maturity and interest rate and in any, authorized denomination, in an aggregate principal amount equal to the unpaid principal amount of the Certificate or Certificates presented for exchange. The Paying Agent/Registrar shall be and is hereby authorized to authenticate and deliver exchange Certificates in accordance with this Order and each Certificate so delivered shall be entitled to the benefits and security of this Order to the same extent as the Certificate or Certificates in lieu of which such Certificate is delivered. -14- // Vol. 262 Pg. /�61' The County or the Paying Agent/Registrar may require the Owner of any Certificate to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Certificate. Any fee or charge of the Paying Agent/Registrar for such transfer or exchange shall be paid by the County. Section 10. Book -Entry -Only System. (a) The definitive Certificates shall be initially issued in the name of Cede & Co., as nominee of DTC, as Registered Owner of the Certificates, and held in custody of DTC. A single certificate will be issued and delivered to DTC for each maturity of the Certificates. Beneficial owners of definitive Certificates will not receive physical delivery of Certificates except as provided hereinafter. For so long as DTC shall continue to serve as securities depository for the Certificates as provided herein, all transfers of beneficial ownership interest will be made by book -entry only, and no investor or other person purchasing, selling, or otherwise transferring beneficial ownership of Certificates is to receive, hold, or deliver any Certificates. No person shall acquire or hold any beneficial interest in any Certificate representing a portion of the principal amount of such Certificate which is other than $5,000 or an integral multiple thereof. (b) Replacement definitive Certificates may be issued directly to beneficial owners of Certificates other than DTC, or its nominee, but only in the event that (i) DTC determines not to continue to act as securities depository for the Certificates (which determination shall become effective no less than 90 days after written notice to such effect to the County and the Paying Agent/Registrar); or (ii) the County has advised DTC of its determination (which determination is conclusive as to DTC and beneficial owners of the Certificates) that DTC is incapable of discharging its duties as securities depository for the Certificates; or (iii) the County has determined (which determination is conclusive as to DTC and the beneficial owners of the Certificates) that the interests of the beneficial owners of the Certificates might be adversely affected if such book -entry only system of transfer is continued. Upon occurrence of any event described in (i) or (ii) above, the County shall use its best efforts to attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC, the County shall cause to be executed, authenticated, and delivered replacement Certificates, in certificate form, to the DTC participants having an interest in the Certificates as shown on the records of DTC provided by DTC to the County. In the event that the County makes the determination described in (iii) above and has made provisions to notify the beneficial owners of Certificates of such determination by mailing an appropriate notice to DTC, it shall cause to be issued replacement Certificates in certificate form to the DTC participants having an interest in the Certificates as shown on the records of DTC provided by DTC to the County. The County undertakes no obligation to make any investigation to determine the occurrence of any events that would permit the County to make any determination described in (ii) or (iii) above. (c) Whenever, during the term of the Certificates, the beneficial ownership thereof is determined by a book entry at DTC, the requirements in this Order of holding, delivering, or transferring Certificates shall be deemed modified to require the appropriate person or entity to meet the requirement of DTC as to registering or transferring the book entry to produce the same effect. (d) If at any time DTC ceases to hold the Certificates, all references herein to DTC shall be of no further force or effect. Section 11. County Officers' Duties. (a) Issuance of Certificates. The County Judge shall submit the Initial Certificate, the record of the proceedings authorizing the issuance of the Certificates, and any and all other necessary orders, certificates, and records to the Attorney General for his investigation, After obtaining the approval of the Attorney General, the County Judge shall cause the Initial Certificate to be registered by the Comptroller. The officers or acting officers of the County are -Is- Vol.-262 Pg. /7J authorized to execute and deliver on behalf of the County such certificates and instruments as may be necessary or appropriate prior to delivery of and payment for the Certificates to and by the Initial Purchasers. (b) Execution of Order. The County Judge and the County Clerk, respectively, are authorized to execute the certificate to which this Order is attached on behalf of the County and to do any and all things proper and necessary to carry out the intent thereof. Section 12. Remedies of Owners. In addition to all rights and remedies of any Owner provided by the laws of the State, the County covenants and agrees that in the event the County defaults in the payment of the principal of or interest on any of the Certificates when due, fails to matte the payments required by this Order to be made into the Interest and Sinking Fund, or defaults in the observance or performance of any of the covenants, conditions, or obligations set forth in this Order, any Owner shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the County and other officers of the County to observe and perform any covenant, obligation, or condition prescribed in this Order. No delay or omission by any Owner to exercise any right or power accruing to such Owner upon default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. The specific remedies mentioned in this Order shall be available to any Owner of any of the Certificates and shall be cumulative of all other existing remedies. Section 13. Lost, Stolen, Destroyed, Damaged, or Mutilated Certificates; Destruction of Paid Certificates. (a) Replacement Certificates. In the event any outstanding Certificate shall become lost, stolen, destroyed, damaged, or mutilated, at the request of the Owner thereof, the County shall cause to be executed, registered by the Paying Agent/Registrar, and delivered a substitute Certificate of like date and tenor, in exchange and substitution for and upon cancellation of such mutilated or damaged Certificate, or in lieu of and substitution for such Certificate lost, stolen, or destroyed, subject to the provisions of subsections (b), (c), (d), and (e) of this Section appearing below. (b) Application and Indemnity. Application for exchange and substitution of lost, stolen, destroyed, damaged, or mutilated Certificates shall be made to the County. In every case the applicant for a substitute Certificate shall famish to the County such deposit for fees and costs as may be required by the County to save it and the Paying Agent/Registrar harmless from liability. Except as hereinafter provided, in every case of loss, theft, mutilation, or destruction of a Certificate, the applicant shall also furnish to the County indemnity to the County's satisfaction and shall file with the County evidence to the County's satisfaction of the loss, theft, mutilation, or destruction and of the ownership of such Certificate. In every case of damage or mutilation of a Certificate, the applicant shall surrender the Certificate so damaged or mutilated to the Paying Agent/Registrar. (c) Matured Certificates. Notwithstanding the foregoing provisions of this Section, in the event any such Certificate shall have matured, and no default has occurred in payment of the principal of or interest on the Certificates which is then continuing, the County may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a substitute Certificate, if any, provided security or indemnity is furnished as above provided in this Section. (d) Expenses of Issuance. Upon the issuance of any substitute Certificate, the County may charge the Owner of such Certificate with all fees and costs incurred in connection therewith. Every substitute Certificate issued pursuant to the provisions of this Section by virtue of the fact that any -16- Vol.-262 Pg. ! Certificate is lost, stolen, destroyed, damaged, or mutilated shall constitute a contractual obligation of the County, whether or not the lost, stolen, destroyed, damaged, or mutilated Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Order equally and proportionately with any and all other Certificates duly issued under this Order. (e) Authority to Issue Substitute Certificates. This Order shall constitute sufficient authority for the issuance of any such substitute Certificate without necessity of further action by the County or any other body or person, and the issuance of such substitute Certificates is hereby authorized, notwithstanding any other provisions of this Order. (f) Destruction of Paid Certificates. At any time subsequent to the payment thereof, the Paying Agent/Registrar is authorized to cancel and destroy any Certificates duly paid, and promptly after any such destruction, the Paying Agent/Registrar shall furnish to the County a certificate evidencing such destruction. Section 14. Redemption. The Certificates are subject to optional redemption as described in the "Form of Certificates" appearing in Section 3 of this Order. Section 15. Defeasance. (a) Except to the extent provided in subsection (c) of this Section, any Certificate, and the interest thereon, shall be deemed to be paid, retired, and no longer outstanding within the meaning of this Order (a "Defeased Certificate") when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity, redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption) or (it) shall have been provided for on or before such due date by irrevocably depositing with or making available to a person described by Section 1207.061(a), Texas Government Code (a "Depositary"), with respect to the safekeeping, investment, administration, and disposition of a deposit made under Section 1207.061, Texas Government Code, for such payment (the "Deposit') (A) lawful money of the United States of America sufficient to make such payment or (B) Governmental Obligations, which may be in book -entry form, that mature and bear interest payable at times and in amounts sufficient to provide for the scheduled payment or redemption of any Defeased Certificate. To cause a Certificate scheduled to be paid or redeemed on a date later than the next scheduled interest payment date on such Certificate to become a Defeased Certificate, the County must, with respect to the Deposit, enter into an escrow or similar agreement with a Depositary. In connection with any defeasance of the Certificates, the County shall cause to be delivered: (i) in the event an escrow or similar agreement has been entered into with a Depositary to effectuate such defeasance, a report of an independent firm of nationally recognized certified public accountants verifying the sufficiency of the escrow established to pay the Defeased Certificates in full on the maturity or redemption date thereof (the "Verification"); or (ii) in the event no escrow or similar agreement has been entered into, a certificate from the County Judge certifying that the amount deposited with a Depositary is sufficient to pay the Defeased Certificates in full on the maturity or redemption date thereof. In addition to the required Verification or certificate, the County shall also cause to be delivered an opinion of nationally - recognized bond counsel to the effect that the Defeased Certificates are no longer outstanding pursuant to the terms hereof and a certificate of discharge of the Paying Agent/Registrar with respect to the Defeased Certificates. The Verification, if any, and each certificate and opinion required hereunder shall be acceptable in form and substance, and addressed, if applicable, to the Paying Agent/Registrar and the County. The Certificates shall remain outstanding hereunder unless and until they are in fact paid and retired or the above criteria are met. -17- Vol. 262 Pg. / �� At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, and all herein required criteria have been met, such Certificate and the interest thereon shall no longer be outstanding or unpaid and shall no longer be entitled to the benefits of the pledge of the security interest granted under this Order, and such principal and interest shall be payable solely from the Deposit of money or Governmental Obligations; provided, however, the County may exercise the right to redeem a Defeased Certificate if it has reserved the option to be exercised at the time of the defeasance of the Certificates, to call for redemption, at an earlier date, those Certificates which have been defeased to their maturity date, if the County: (i) in the proceedings providing for the firm banking and financial arrangements, expressly reserves the right to call the Certificates for redemption; (ii) gives notice of the reservation of that right to the Owners immediately following the making of the firm banking and financial arrangements; and (iii) directs that notice of reservation be included in any redemption notices that it authorizes. (b) Any money so deposited with a Depositary may at the written direction of the County also be invested in Governmental Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Governmental Obligations received by a Depositary which is not required for the payment of the Defeased Certificates and interest thereon, with respect to which such money has been so deposited, shall be used as directed in writing by the County. (c) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the County shall make proper arrangements to provide and pay for such services as required by this Order. Section 16. Order a Contract; Amendments. This Order shall constitute a contract with the Owners, from time to time, of the Certificates, binding on the County and its successors and assigns, and shall not be amended or repealed by the County as long as any Certificate remains outstanding except as permitted in this Section. The County may, without the consent of or notice to any Owners, amend, change, or modify this Order as may be required (i) by the provisions hereof, (ii) for the purpose of curing any ambiguity, inconsistency, or formal defect or omission herein, or (iii) in connection with any other change which is not to the prejudice of the Owners. The County may, with the written consent of the Owners of a majority in aggregate principal amount of Certificates then outstanding affected thereby, amend, change, modify, or rescind any provisions of this Order; provided, however, that without the consent of all of the Owners of the Certificates affected, no such amendment, change, modification, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Certificates, reduce the principal amount or redemption price thereof or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on bonds or certificates on a parity with the lien of the Certificates, (ii) give any preference of any Certificate over any other Certificate, (iii) extend any waiver of default to subsequent defaults, or (iv) reduce the aggregate principal amount of Certificates required for consent to any such amendment, change, modification, or rescission. In the event the County desires to make any amendment or addition to or rescission of this Order requiring consent of the Owners of the Certificates, the County shall cause notice of the amendment, addition, or rescission to be given at least 30 days prior to the scheduled effective date of such action, said notice to be sent by United States mail, first-class postage prepaid, to the Owners of the Bonds at the addresses appearing on the Register at the close of business on the business day next preceding the date of mailing of such notice. Any notice so mailed will be conclusively presumed to have been duly given, irrespective of whether one or more Owners failed to receive such notice or any defect in such notice. When, at any time within one year after the date of the giving of such notice, the County receives an instrument or instruments in writing executed by the appropriate number of Owners of the Certificates then outstanding affected by any such amendment, addition, or rescission requiring the consent of Owners of the Certificates, which instrument -18- Vol. 262 Pg. !7G or instruments refer to the proposed amendment, addition, or rescission described in such notice and specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the County may adopt such amendment, addition, or rescission in substantially such form, except as herein provided. No Owner of the Certificates may thereafter object to the adoption of such amendment, addition, or rescission, or to any of the provisions thereof, and such amendment, addition, or rescission shall be fully effective for all purposes. Section 17. Sale and Delivery of Certificates. (a) Sale. The sale of the Certificates to the Initial Purchaser, pursuant to the taking of competitive sealed bids at a price of $12,077,898.04 (103.67% of par), is hereby confirmed. The County, upon consultation with the County's financial advisor, hereby finds that the terms of the sale are in the County's best interest. It is hereby officially found, determined, and declared that the Initial Purchaser submitted the bid which results in the lowest net effective interest rate to the County and delivery of the Certificates to the Initial Purchaser shall be made as soon as practicable after the adoption of this Order, upon payment therefor, in accordance with the terms of sale. The Initial Certificate shall be registered in the name of the Initial Purchaser. The officers of the County are hereby authorized and directed to execute and deliver such certificates, instructions, or other instruments as are required or necessary to accomplish the purposes of this Order. (b) Approval of Official Statement. The County hereby approves the form and content of the Official Statement relating to the Certificates and any addenda, supplement, or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Certificates by the Initial Purchaser in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The form and content of and the distribution and use of the Preliminary Official Statement relating to the Certificates, dated October 17, 2017 (the "Preliminary Official Statement"), prior to the date hereof, is hereby ratified and confirmed. The County hereby finds and determines that the Preliminary Official Statement is "deemed final" as that term is defined in the Rule. Section 18. Use of Proceeds. The proceeds from the sale of the Certificates shall be used in the following manner: (i) accrued interest on the Certificates of $14,515.28 shall be deposited to the credit of the Interest and Sinking Fund; (ii) $12,000,000.00 shall be deposited to the credit of the Construction Fund to be used to accomplish the purposes for which the Certificates were issued; and (iii) the balance of the proceeds shall be used to pay the cost of issuing the Certificates. Section 19. Continuing Disclosure. (a) Annual Reports. The County shall provide annually to the Municipal Securities Rulemaking Board (the "MSRB") pursuant to its Electronic Municipal Market Access System ("EMMA"), within six months after the end of each fiscal year ending in or after 2017, the financial information and operating data with respect to the County described in Exhibit "B" hereto with respect to such fiscal year or the 12 -month period then ended. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in "APPENDIX A" attached to the Official Statement or such other accounting principles as the County may be required to employ from time to time pursuant to state law or regulation and (ii) audited, if the County commissions an audit and the audit is completed by the required time; provided, however, that if audited financial statements are not available by the required time, the County shall provide unaudited financial statements by the required time and the County shall provide audited financial statements when and if the audited financial statements become available. The County's current fiscal year end is September 30. Accordingly, it must provide updated information by the last day of March in each year, beginning March 31, 2018, unless the County changes its fiscal year. If the County changes its fiscal year, it will notify the MSRB of the change. -19- Vol. 262 Pg. / � / (b) Notice of Certain Events. The County will file with the MSRB notice of any of the following events with respect to the Certificates in a timely manner (and not more than 10 business days after occurrence of the event): (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices 'or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; (7) modifications to rights of holders of the Certificates, if material; (8) Certificate calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Certificates, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership, or similar event of the County, which shall occur as described below; (13) the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. In addition, the County will provide timely notice of any failure by the County to provide information, data, or financial statements in accordance with its agreement described above under subsection (a). For these purposes, any event described in clause (12) of the immediately preceding paragraph is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the County in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or. business of the County, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the County. The provisions of this Section are for the sole benefit of the Owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The County undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the County's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The County does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE COUNTY BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE. OR IN PART FROM ANY BREACH BY THE COUNTY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. -20- Vol. 262 Pg. �.TY No default by the County in observing or performing its obligations under this Section shall comprise a breach of or default under this Order for purposes of any other provisions of this Order. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the County under federal and state securities laws. The provisions of this Section may be amended, supplemented, or repealed by the County from time to time under the following circumstances, but not otherwise: (a) to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the County, if the provisions of this Section, as so amended, supplemented or repealed, would have permitted an underwriter to purchase or sell Certificates in the offering described herein in compliance with the Rule and either the Owners of a majority in aggregate principal amount of the outstanding Certificates consent to such amendment, supplement, or repeal, or any person unaffiliated with the County (such as nationally -recognized bond counsel) determines that such amendment, supplement, or repeal will not materially impair the interests of the beneficial owners of the Certificates; (b) upon amendment or repeal of the applicable provisions of the Rule, or any determination by a court of final jurisdiction that such provisions are invalid; or (c) in any other circumstance or manner, but in either case only to the extent that its right to do so would not prevent an underwriter from purchasing the Certificates in the offering described herein in compliance with the Rule. If the County amends, supplements, or repeals any of the provisions of this Section, the County must include, with its next financial information and operating data update described above in subsection (a), an explanation, in narrative form, of the reasons for the amendment, supplement, or repeal and of the impact of any change in the type of information and operating data so provided. Section 20. Perfection of Security Interest. Chapter 1208, Texas Government Code, applies to the issuance of the Certificates and the pledge of the proceeds of ad valorem taxes and certain revenues of the Center thereto granted by the County under Section 5(a) of this Order, and such aforementioned pledge is, therefore, valid, effective, and perfected. Should Texas law be amended at any time while the Certificates are outstanding and unpaid, the result of such amendment being that the pledge of the ad valorem tax proceeds or such revenues is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, in order to preserve to the Owners a security interest in such pledge, the County agrees to take such measures as it determines are reasonable and necessary to enable a filing of a security interest in said pledge to occur. Section 21. Further Procedures. The County Judge and the County Clerk, and all other officers, employees, attorneys, and agents of the County and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the seal and on behalf of the County, all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terns and provisions of this Order, the Certificates, the Paying Agent/Registrar Agreement, and the Official Statement. In case any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Prior to the initial delivery of the Certificates, the County Judge, the County Clerk, and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Order or to any of the instruments authorized by this Order necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Order, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Certificates by the Attorney General's office. -21- Vol. 262 Pg. % %�i Section 22. Attorney General Examination Fee. The County recognizes that under Section 1202.004, Texas Government Code, the Attorney General requires a nonrefundable examination fee be paid at the time of submission of the transcript of proceedings authorizing the Certificates and that, based upon the principal amount of the Certificates, such fee is $9,500.00. Bond Counsel is accommodating the County by paying such fee upon submission of such transcript. Officials of the County are, however, hereby authorized to reimburse Bond Counsel such amount as soon as possible and whether or not the Certificates are ever delivered and such amount is hereby appropriated from available funds for such purpose. The County is also authorized to reimburse the fund used for such payment with proceeds of the Certificates. Section 23. Other Documents. The County Judge and the County Clerk are hereby authorized to execute and attest to such other documents, certificates, letters of instruction, tax information forms, and other agreements of any kind which, in the opinion of Bond Counsel, are necessary or advisable in order to issue the Certificates and verify that the interest on the Certificates will be exempt from gross income of the holders thereof under current federal tax law. Section 24. Successor Registrar, Successor Paying Agent. The County covenants with the Owners that prior to the time all of the Certificates have been finally retired, the County will provide competent and legally qualified persons to act as and perform the services of Paying Agent/Registrar for the Certificates under this Order. The County reserves the right to, and may, at its option, change the Paying Agent/ Registrar with respect to the Certificates upon not less than 60 days written notice to the Paying Agent/Registrar. Any Paying Agent/Registrar may resign and be discharged of its respective duties under this Order by written resignation filed with the County not less than 60 days before the date such resignation is to take effect, In the event that the person at any time acting as a Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the County covenants that promptly it will appoint a competent and legally qualified national or state banking institution organized and doing business under the laws of the United States of America or the State, authorized under such laws to exercise trust powers, subject to supervision or examination by federal or state authority, to act as such Paying Agent/Registrar, under this Order. Upon any change in a Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Register (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the County. Upon any change in the Paying Agent/Registrar, the County promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each Owner, by United States mail, first-class, postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Order, and a certified copy of this Order shall be delivered to each Paying Agent/Registrar. Section 25. Nonpresentment of Certificates. In the event any Certificate shall not be presented for payment when the principal thereof or interest thereon, if applicable, becomes due, either at maturity or otherwise, or if any check or draft representing payment of principal of or interest on the Certificates shall not be presented for payment, if funds sufficient to pay the principal of or interest on such Certificate shall have been made available by the County to the Paying Agent/Registrar for the benefit of the Owner thereof, all liability of the County to the Owner thereof for the payment of the principal of or interest on such Certificate shall cease, terminate, and be completely discharged, and thereupon it shall be the duty of the Paying Agent/Registrar to hold such funds in trust, uninvested and without liability for interest thereon, for the benefit of the Owner of such Certificate, who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Order with respect to the principal of or interest on such Certificate. To the extent applicable, the Paying Agent/Registrar shall -22- VOL. 262 Pg. rye' hold and apply any such funds in accordance v`ith Title 6, Texas Property Code, and shall comply with the reporting requirements of Chapter 74, Texas Property Code. Section 26. Miscellaneous Provisions. (a) General. Except where the context otherwise requires, words importing the singular number shall include the plural number and vice versa; words importing the masculine gender shall include the feminine and neuter genders and vice versa. Reference to any document means that document as amended or supplemented from time to time. Reference to any party to a document means that party and its successors and assigns. Reference herein to any article, section, subsection, or other subdivision, as applicable, unless specifically stated otherwise, means the article, section, subsection, or other subdivision, as applicable, of this Order. (b) Titles Not Restrictive. The titles assigned to the various sections of this Order are for convenience only and shall not be considered restrictive of the subject matter of any section or of any part of this Order. (c) Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Order are hereby repealed and declared to be inapplicable, and the provisions of this Order shall be and remain controlling as to the matters prescribed herein. (d) Severability. if any word, phrase, clause, paragraph, sentence, part, portion, or provision of this Order or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Order shall nevertheless be valid and the County hereby declares that this Order would have been enacted without such invalid word, phrase, clause, paragraph, sentence, part, portion, or provision. (e) Governing Law. This Order shall be construed and enforced in accordance with the laws of the State. (f) Open Meeting. The County officially finds and determines the meeting at which this Order is adopted was open to the public and that public notice of the time, place, and purpose of such meeting was given, all as required by Chapter 551, Texas Government Code. (g) Immediate Effect. Notwithstanding any charter provision or other applicable laws, this Order shall be immediately effective upon its adoption by the Commissioners Court. PASSED AND APPROVED on first and final reading by the Commissioners Court of Brazos County, Texas, this 24th day of October, 2017. ATTEST: /s/ Karen McQueen County Clerk, Brazos County, Texas /s/ Duane Peters County Judge, Brazos County, Texas -23- Vol. 262 Pg. / �� i rIAM Paying Agent/Registrar Agreement A-1 Vol. 262 Pg. / EXHIBIT B Description of Annual Financial Information The following information is referred to in Section 19 of the Order. Annual Financial Information and Operating Data. The financial information and operating data with respect to the County to be updated and provided annually in accordance with such Section are as specified (and under the headings of the Official Statement referred to) below: (a) all quantitative financial information and operating data of the general type included in the Official Statement and tables listed in the main text of the Official Statement under the captions "TAX DATA" and "FINANCIAL INFORMATION"; (b) audited financial statements of the County, if the County commissions an audit and the audit is completed by the required time, and, if audited financial statements are not available by the required time, unaudited financial statements and audited financial statements when and if they become available; and (c) the data attached to the Official Statement as "APPENDIX A7. Accounting Principles. The accounting principles, with respect to the County, referred to in such Section are the accounting principles described in "APPENDIX A" attached to the Official Statement or such other accounting principles as the County may be required to employ from time to time pursuant to state law or regulation. M Vol. 262 Pg. %3J CERTIFICATE FOR ORDER We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County") hereby certify as follows: 1. The Commissioners Court of the County (the "Commissioners Courf') convened in regular session, open to the public, on October 24, 2017 at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Duane Peters, County Judge Nancy Berry, Commissioner, Pct. 3 Steve Aldrich, Commissioner, Pct. I Irma Cauley, Commissioner, Pct. 4 Sammy Cataluna, Commissioner, Pct. 2 All members of the Commissioners Court were present, except being at least four members, thus constituting a quorum. Whereupon among other bkisiness, the following was transacted at the Meeting: a written ORDER AUTHORIZING THE ISSUANCE OF `BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2017; AUTHORIZING A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING OTHER MATTERS RELATING THERETO (the "Order") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Order be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Order prevailed and carried by the following vote being at least three favorable votes: AYES: s NOES: —O— ABSTENTIONS: Q Therefore, the requirements of Section 81.006, Texas Local Government Code have been met. 2. A true, full, and correct copy of the Order adopted at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the Meeting pertaining to the adoption of the Order, the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Commissioners Court as indicated therein; each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code. 3. Karen McQueen is the duly elected and acting County Clerk of the County. IGNED AND S ALED this October 24, 2017 e aren McQueen'; County Cledks'grazors Coun&Texas I% . (COMMISSIQNERS COURT SEAL) Duane Peters County Judge, Brazos County, Texas Vol. 262 Piz.f s"v Brazos County Job Description Last Updated: September 2012 r296z Template Revision 1.2 0811512012 1 O Class Number: 832 Title: Temporary Attendant, Building & Grounds (1040 hrs.) Pay Group: 09 Department: Exposition Complex FLSA Status: Non Exempt Reports To: Event Coordinators & All Managers Approved Date: 10/01/2017 EEOC Category: Service / Maintenance Position End 09/30/2018 Temporary Date: Supervision Employee --Received:"Event Coordinators &All Managers—"— --- "-- "----"- – -- - _-- _" - 9 Signature: General Summary: Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. Essential Duties: Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets upitears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables. Other Duties as assigned. (1 Supervision --Received:"Event Coordinators &All Managers—"— --- "-- "----"- – -- - _-- _" - 9 Given: This is non -supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: Experience Required- At least one year of related work experience. Preferred: Some experience in operating a tractor and/or other light to moderate equipment is preferred. Certificates, Licenses, Registrations Required: None. Preferred: Vol. 262 Pg. / �b Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable - individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to 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 lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities Typical: Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use ofjanitorial equipment - and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. Work Environment Typical: The work environment characteristics described 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 levef in the work environment is frequently loud. 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. The employee may be exposed to extreme weather conditions. Duane Peters County Judge Vol. 262 Pg. i < Brazos County Job Description Last Updated: September 2012 Template Revision 1.20811512012 Class Number: 832 Title: Temporary Attendant, Building & Grounds (1040 hrs.) Pay Group: 09 Department: Exposition Complex FLSA Status: Non Exempt Reports To: Event Coordinators & All Managers Approved Date: 10/01/2017 EEOC Category: Service / Maintenance Position End 09/30/2018 Temporary Employee k Date: Signature: General Summary: Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events, Essential Duties: Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables. Other Duties as assigned. 1 Supervision _-- - - — i "-- " Event Coordinators& -All Managers -- —------- --- _- - _ Recenied: s Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: Experience Required: At least one year of related work experience. Preferred: Some experience in operating a tractor and/or other light to moderate equipment is preferred. Certificates, Licenses, Registrations Required: None. Preferred: Vol. 262 Pg. /� 7 .Cr Physical Demands TypiCal: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to 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 lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities TyplCal: Safe operation of custodial and maintenance equipment, including the sate use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. Environment The work environment characteristics described 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 environment is frequently loud. 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. The employee may be exposed to extreme weather conditions. Vo1..262 Pg. _-/ r%5_ R Duane Peters Date County Judge Brazos County Job Description Last Updated: October 2017 Template Revision 1.2 0 611 512012 Class Number: 2601 Title: County Engineer Pay Group: NA Department: Road & Bridge FLSA Status: Exempt Reports To: Commissioners Court Approved Date: 10/24/2017 EEOC Category: Officials and Administrators General Summary: Oversees the planning and management of road and bridge construction and maintenance county wide, and supervises all department personnel and operations. Essential Duties: Oversees the design and execution of all county road construction and maintenance projects; Supervises Director of Planning, General Superintendent, Right of Way Agent, Drainage Specialist, Shop Foreman, and Office Supervisor, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions; Consults with the Commissioners Court regarding construction and maintenance projects; Assists the Commissioners Court, other city and county governments, state and federal agencies, local colleges and universities, vendors, consultants and contractors, and the general public with questions regarding construction and maintenance projects; Prepares budget estimates for construction and maintenance of county roads and the operation of county Road and Bridge department; Monitors Road and Bridge department budget, including examining and approving purchase orders; Constructs and negotiates agreements regarding road and bridge construction with other government entities, vendors, consultants, and contractors; Travels regularly to work sites and inspects work being performed to ensure high quality; and Oversees the construction and operation of several local waste disposal sites. Ability to communicate and deal with the general public. Other Duties as assigned. 1 p/o) Supervision Received: County Commissioners Given: Supervises Director of Planning, General Superintendent, Right of Way Agent, Drainage Specialist, Shop _ Foreman, and Office Supervisor, including assigning and reviewing work, conducting performance reviews, and -• - Preferred: recommending personnel actions. Education Required: Mandatory: Bachelor's Degree in an Engineering related discipline Preferred: Experience Required: - 6 YEARS Transportation engineering as a Licensed Professional Engineer (LPE) in planning, location, design, construction, operation and maintenance (Experience can be satisfied by fulltime or prorated part time _ equivalent) Must have five (5) years managerial/supervisory experience. -• - Preferred: Substitution -Related graduate level education may be substituted forexperience on a year per year basis. Certificates, Licenses, Registrations Required: _ - 029: Mandatory: Licensed Prof Engineer - 404: Mandatory: Safety Impact Certificate - 405: Mandatory: Commercial Driver Certificate. Other Conditions Professional engineers licensed in another state, but not currently licensed in the State of Texas, must (1) meet the license requirements of the State of Texas Engineering Practices Act, (2) obtain a professional engineering license from the Texas Board Of Professional Engineers within six (6) months of the date of hire, and (3) sign an agreement to that effect as a condition of employment. This is a Safely Impact position (either Safety Impact, Commercial Driver and/or Vessel Crew Member) and will be subject to random drug testing. Preferred: Vol. 262 Pg. % _;5 Physical Demands Typical: The physical demands described here are representative of those that 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 stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as tools and equipment. Specific vision abilities required by this job include close vision and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Methods, practices, equipment, and materials used in the construction and maintenance of roadways, bridges, and drainage systems; supervisory, budgetary, and civil engineering practices, procedures, and techniques; and the safe operation of the equipment used and the provisions of the Texas Motor Vehicle Code relating to operation of heavy motorized equipment. Organize and prioritize tasks to be assigned and completed; supervise, train, evaluate, and motivate employees; read and interpret laws and guidelines; read and interpret construction plans; estimate materials and labor costs for projects; communicate effectively, both orally and in writing; work effectively and cooperatively with county officials, representatives of local, state, and federal agencies, co-workers, and the general public; tolerate outside working conditions, including exposure to adverse weather conditions; and maintain Texas driver's license applicable to job responsibilities. Work Environment Typical: The work environment characteristics described 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 environment is usually moderate. The employee is constantly required to work closely with others as a part of a team. The employee is frequently required to perform multiple tasks simultaneously and to switch from one task to another. The employee is occasionally required to work under time pressures to meet deadlines, and work irregular hours or overtime. JPRO Duane Peters g�102(17 County Judge Date VO262 Pg. X L.G BRYAN BROADCASTING RADIO TOWER LEASE REIMBURSEMENT AGREEMENT This Radio Tower Lease Reimbursement Agreement ("Agreement') is between BRAZOS COUNTY (hereinafter "County") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG"). The purpose of the Agreement is to provide for the reimbursement of lease fees and utilities fees incurred by BVCOG as a result of their administration of the Tower Site License Agreement ('Tower License') between BRYAN BROADCASTING CORPORATION, a Delaware corporation ("Licensor"), and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS ("Licensee") (Attached as Attachment "A"). RATES FOR REIMBURSEMENT The County agrees to reimburse the cost of the administration of the Tower License in accordance with the fee schedule in Attachment A. These costs include the actual tower lease fee ("License Fee') for the applicable quarter and Three Hundred Sixty Dollars ($360.00) per quarter ("Utilities Fee'). RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG agrees to administer the Tower License pursuant to all laws and regulations of the United States and the State of Texas in the best interest of the County. TERM The term of this agreement shall follow the terms of the existing lease agreement held between BVCOG and Bryan Broadcasting, which expires December 3, 2020. CANCELLATION This Agreement may be cancelled by either of the parties hereto upon sixty (60) days written notice. Page 1 Vol. 262 Pg. ��� Emli tai BVCOG agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVCOG agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVCOG agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVCOG agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVCOG under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by County. During said audit, BVCOG shall require that a management letter be prepared by auditor. The management letter shall identify issues not required to be disclosed in the annual financial report but shall state any concerns and suggestions noted during the audit. Annual financial statements (audited if available) are available to the Brazos County upon request within six (6) months of completion. INDEMNITY Any monetary loss suffered by the County from mistake, fraud or other conditions can be recovered from the BVCOG only to the extent of available insurance. AMENDMENT This Agreement shall be automatically amended by the amendments made to the Act by the State Legislature. In all other respects, this Agreement may be modified, amended, altered or extended only by a written amendment signed by the parties. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. Venue shall be in Brazos County, Texas. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this Agreement. Page 2 Vol. 262 Pg. /�� FORCE MAJEURE Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and software providers, phone and internet service providers, carriers, or other parties to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon and an expected date when obligations under this Agreement will be resumed. SEVERABILITY If any clause or provision hereof is invalid, unenforceable or illegal under present orfuture laws, or held to be invalid by a court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions hereof shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item or obligation contained herein for the term of the Agreement and any extension thereto. BVCOG, or any other person or entity directly or indirectly employed by the BVCOG or any other person or entity to whom the BVCOG may be liable to, shall have no right of action against the County in the event the county is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the BVCOG at the earliest possible time under the circumstances. Page 3 7 Vol. 262 Pg. �2 EFFECTIVE the /Sr dayofQPi{0-6�f!2017 BRAZOS COUNTY By: Dete�lrLV I Judge Duane Peters BRAZOS VALLEY COUNCIL OF GOVERNEMENTS Tom Wilkinso Vol. 262 Pg.. �� Date? Director Page 4 BVCOG Reimbursement Fee Schedule BVWACS North Brazos County Tower Site Lease Lease Fee Utility Fee Total Q2 FY2016 $ 2,940.00 $ 360.00 $ 3,300.00 Q3 FY2016 $ 2,940.00 $ 360.00 $ 3,300.00 Q4 FY2016 $ 2,940.00 $ 360.00 $ 3,300.00 Q1 FY2019 Lease Fee Lease Fee Utility Fee Total $ 3,028.20 Q1 FY2017 $ 2,940.00 Q2 FY2018 $ 360.00 360.00 $ 3,300.00 Q3 FY2018 Q2 FY2017 $ 3,028.20 $ 3,479.05 $ 360.00 $ $ 3,388.20 $ 3,479.05 Q3 FY2017 $ 3,028.20 $ 360.00 $ 3,388.20 Q4 FY2017 $ 3,028.20 $ 360.00 $ 3,388.20 Q1 FY2019 Lease Fee Utility Fee Total Q1 FY2018 $ 3,028.20 $ 360.00 $ 3,388.20 Q2 FY2018 $ 3,119.05 $ 360.00 $ 3,479.05 Q3 FY2018 $ 3,119.05 $ 360.00 $ 3,479.05 Q4 FY2018 $ 3,119.05 $ 360.00 $ 3,479.05 Q1 FY2019 $ 3,119.05 $ 360.00 $ 3,479.05 Q2 FY2019 $ 3,212.62 $ 360.00 $ 3,572.62 Q3 FY2019 $ 3,212.62 $ 360.00 $ 3,572.62 Q4 FY2019 $ 3,212.62 $ 360.00 $ 3,572.62 Q1 FY2020 $ 3,212.62 $ $ 360.00 $ 3,572.62 Q1 FY2020 $ 3,309.00 360.00 $ 360.00 $ 3,669.00 Q1 FY2020 $ 3,309.00 $ 3,768.27 $ 360.00 $ 3,669.00 Q1 FY2020 $ 3,309.00 $ 360.00 $ 3,669.00 Q1 FY2021 $ 3,309.00 $ 360.00 $ 3,669.00 Q1 FY2021 $ 3,408.27 $ 360.00 $ 3,768.27 Q1 FY2021 $ 3,408.27 $ 360.00 $ 3,768.27 Q1 FY2021 $ 3,408.27 $ 360.00 $ 3,768.27 Vol. 262 Pg. %� 16 AGREEMENT THIS AGREEMENT ("Agreement") made this /2 day of 6&frlcv 2017 by and between the DISPUTE RESOLUTION CENTER -CENTRAL BRAZOS VALLEY, INC. hereafter referred to as "DRC" and the BRAZOS COUNTY COMMISSIONERS COURT, hereafter referred to as the "Commissioners Court," is made on the following terms and conditions: 1. This Agreement is for one (1) year and shall begin on the first day of October, 2017 and continue through the last day of September, 2018. 2. For and in consideration of the sum of $25,000 to be paid in one single payment of $25,000, the DRC agrees to perform the following services: o The DRC agrees to provide a maximum of four (4) separate mediation sessions to the Commissioners Court or designated. department or offices of Brazos County during the term of this Agreement. A mediation session is defined as a session of not more than three (3) hours supervised by a trained mediator. In addition the DRC agrees to train (1) Brazos County employee in each regular or family law mediation training offered by the DRC, without cost to Brazos County or the employee. For each mediation session scheduled under the terms of this Agreement, the DRC will provide a location to hold the mediation, preferably in its offices located at 1737 Briarcrest Drive, Suite 11, Bryan, TX, or at such other convenient location which might be available. For any such mediation session held away from the DRC offices, the DRC shall be reimbursed for any such costs or rental fees incurred in holding the mediation. The DRC may at its discretion, provide additional sessions without charge to Brazos County on a limited basis. Except as otherwise stated, any additional sessions that may be required, will be compensated for by the Commissioners Court at the regular rate for scheduled mediations as adopted by the DRC. 3. The purpose of this Agreement is to make the services of the DRC available to the Commissioners Court and to the employees of Brazos County in such instances where the services may be of benefit to Brazos County, Texas, or its employees. This agreement also serves to support public access to the DRC. 4. DRC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of . this Agreement. DRC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. DRC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. DRC agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the DRC under prior Agreements. Vol. 262 Pg. d6 The Brazos County Commissioners Court requires that an independent financial audit be performed on the records of DRC for Fiscal Year 2017. A management letter shall be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court by May 1, 2018. The management letter shall identify issues that might not otherwise require disclosure in the DRC annual financial report, but which are of concern to or under the suggestion of the auditor. This audit will be conducted by an Independent third party and all costs and expenses associated with said audit shall be solely paid for by the DRC. Annual financial statements (audited if available) are due to County within six (6) months of completion. 6. This Agreement is executed in and performed in Brazos County, Texas. 7. This Agreement is subject to the Public Information Act, TEX. GOVT CODE ANN., Chapter 552. 8. In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 9. This Agreement contains the entire agreement between the parties. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. BRAZOS COUNTY By: Duane Peters Brazos County Judge DISPUTE RESOLUTION CENTER - CENTRAL BRAZOS VALLEY By: trl�f Tracy ewart Chairman of the Board Vol. 262 Pg. / 7� CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. l - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2. 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2017-253461 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Alternative Dispute Resolution Center- Brazos Valley Inc Bryan, TX United States Date Fled: 08/23/2017 2 Name of governmental entity or state agency that is a party to the contract forwhich the form is being Bled. Brazos County Commissioners Court Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 18-052 Mediations 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Stewart, Tracy Bryan, TX United States X Ellis, Tori Bryan, TX United States X 5 Check only if there Is NO Interested Parry. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct- =FNO JENNIFEfl $EARLES Notary Public. State of TaKas / (�" — �,(JI Comm. Expires 07-21.2021 Ignawre of authorized ages of contracting business entity }��'Notary ID 131219521u./AF S A Sworn I and subscribed before me, by the said �fC 1' F'l 15 this the day of //JJ 20 , to certify which, witness my hand and seal of office. Vp1 s Jea(LFo� 1�rr �eY �oRrleS 1c,Inn� Sig lure of am r administering oath Printed name of officer administering oath Title of officer adminl tering oath Forms provided by Texas Ethics Commission www.etnlrs.state.tx.us version Vol. 262 Pg. 6ci 01 BRAZOS COUNTY I COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: October 24, 2017 SUBJECT: Utility Permit — Wickson Creek Special Utility District Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Scasta Road 0.4 mile southeast of Grassbur Road. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 8256 Scasta Road. Site is located in Precinct 2. SUBMITTED BY:/ 1 �� Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: Sammy Ca ena Commissioner Precinct 2 This request is APPROVED / ❑ DENIED b Cemmissioners' Court q Y Duane Peters, County Judge DATE: 10 1 a'lI t Vol. 262 Pg. APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WICKSON CREEK SPECIAL UTILITY DISTRICT [company name], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Driven Cased 8256 SCASTA ROAD 60' X X Facilites Parallel County Road Within Right -Of -Way Road Name and Block Number From To De th Distance CONSTRUCTION'I'YPE V, Diameter Wall Thickness 1 't/2" Encasement Pipe Material Specification Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 1 working days, (COMPANY MUST FILL M. If such construction is not begun by the 60"' day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 262 Pg. ,` 6(') expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain apermitprior to the installation or does not install utilities in compliance with installation requirements seeforth herein (i.e. depth, location, etc), Company assumes all financial responsibilityfar damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Connpany. Failure to obtain this permit and or not fy the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent tine Company listed below, and that the Company agrees to the conditions/provisions included in this permit. WTf KSnN CREEK RPF(-TATTJTTT TTY DISTRICT Company Name By�-- Signature GENERAL MANAGER Title P.O. BOX 4756 Address ISA^ MY, 7713A5 City State Zip (979) 589-3030 Phone Number watston2wicksoncreek.com Email Vol. 262 Pg. ,�'� WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated /0—/1- % -7 except as noted below: EXCEPTIONS: (Month/Day/Year) �•� Brazos County Road Administrator Vol. 262 Pg. J SHOIAI NO RTH ,ARRODU <_ PLAN VIEW 0 IN (N CENTER LINE LL f 3' 3 COUNTY ROAD Sem_ �• Roa�� TYPICAL SECTION 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW ANDIOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND! OR SECTION I ROAD Rr.HT-0F4AlAY 4 CENTER LINE OFCOUNTY ROAD N ROAD RrHT-OF-WAY SHOIAI NO RTH ,ARRODU <_ PLAN VIEW 0 IN (N CENTER LINE LL f 3' 3 COUNTY ROAD Sem_ �• Roa�� TYPICAL SECTION 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW ANDIOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND! OR SECTION BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGIITS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. A Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause mininmm inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constricted, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol. 262 Pg. 6-f b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable -6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing ifthe annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. 262 Pg..�'� c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized. material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection' from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emerzencv work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol. 262 Pg. „10 7 shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Reloeation of utilities I. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. 262 Pg. ''! 6S TCP (2-1a) WORK SPACE NEAR SHOULDER .Conventional Roads LEGEND I � bP 3 9 IaNa Cnn=11 1 �. CDJIcOA . 40� V_ G, is /� ENO y slm, a rr.IT. FI°mAHEADFNiire 11 V `tY ROAD WORK Q ROAD WURK czo-2 GN2 6p naowr w.8 I 46• x 29• sew»,. uA11am \ a ezd-x Isee nae 214 oeiml° a so1"d w [� q,1ni 91 \;• 49' x 2l. Nb Nffr tenTM [ t%.O yv°mP a s°, naN xle I ,¢ orale xx .0— TO 0— a°¢ Y� L LA wi°mfoll<. 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TRAFFIC CONTROL PLAN °" aO CONVENTIONAL ROAD SHOULDER WORK TCP (2-1c) TCP(2-1)-12 WORK VEHICLES ON SHOULDER WItolll llt "1.1 m .— Conventional Roads DEPARTMENT MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge October 24, 2017 Fence Replacement Consider and take action on a fence building estimate from Kathy Trimble in the amount of $2,520.00 to build 1,000 feet of 5 -strand barbed wire fence on Merka Road. Estimate includes all materials and labor. County has acquired new right of way and is now paying property owner for fencing since the County no longer has a fence builder under contract. Property owner had originally agreed to allow County to build fence. Site is located in Precinct 2. SUBMITTED BY: C"o �, Darrell W. Kolwes Right of Way Agent This request is ACKNOWLEDGED BY: Sammy Catna Commissioner Precinct 2 ijuane revers, I,ouuLyjuage DATE: 0 Vol. 262 Pg. L/G ers, Court Frank's Lawn & Fence Service 2506 A Luno Drive gryan.Texas 77802 (97c)) 219-1873 ❑en.L RBID ro j E�FI v cr4e t� build NOW F+ oT 5 u P to Ee�a� Po�fis }or hrae"`3 y--s'x� �-� codas Pott ever`i tE1 F'r AMOUNT .� a, 5a-0. FENCE BUILDING OPTION AND/OR RESPONSIBILITY ACCEPTANCE Road: Merka Project: R2-173 W.O. No.: 33210 Precinct: 2 I (we) the undersigned owner(s), desire to have BRAZOS COUNTY construct the fence for the above mentioned project. It is also understood that upon completion and agreed acceptance of said fence, ANY and ALL maintenance becomes PROPERTY O`VNER(S) RESPONSIBILITY. I (we) the undersigned owner(s), elect to construct the new fence for the above mentioned project. Inconsideration, I (we) wish to receive payment of $2,200.00 for approximately 1,000' of fence. It is also understood that this payment relieves BRAZOS COUNTY from ANY and ALL responsibility in regards to fencing. /'� Everett C. Martin, Jr. Date: ? Vol. 262 Pg. /�- BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: October 24, 2017 SUBJECT: Temporary Utility Permit — Vess Oil Corporation Consider and take action on the Vess Oil Corporation utility permit to install a temporary 10" aluminum water line within and along the right-of-way of Jack Creek Road and Dilly Shaw Tap Road a distance of 1.15 miles. Line will also cross under Jack Creek Road at existing bridge crossing. Project will provide water to oil well. Site is located in Precinct 2. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: Sammy C ena Commissioner Precinct 2 This request is,,eAPPROVED / ❑ DENIED by Commissioners' Court Duane Peters, County Judge DATE: O % Vol. 262 Pg. '-�' /� go APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Vt55 G_TL C -o2pt P E Je)N) [company camel, hereinafter referred to as "Company" a KA N5 A5 [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of Road Name R Block Number Crossing TYPE OF CONSTRUCTION (CHECK ONE) Bored lacked Driven Cased CCR0�' -,?.t ail SOleaIr I I Facilitv to Parallel County Road Within Rieht-Of-Wav Road Name and Block Number From To J De2t11 Distance i -tly`J�S 'T -w Q. I 3 6'SVIS,b ' NW SI'24.t4 M 6r. —,,Z hie -IS M1lRS Of d- :S.iclz Cceett`lda. i q L° I6' 7 , W 1 g l.' t S, 48.21" Wi- I I CONSTRUCTION TYPE -10�Diameter Wall Thickness J f ��11 U Material Specification rw„A t��c`ei- Maximum Operation Pressure 2opsZ brtcl��t Coc o.e�ccx,,�,�ket7 3Gio,ys. The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 30 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 601° day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 262 Pg. /< expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (Le. dept/, location, etc), Company assumes all financial responsibility for damages andlar destruction of lines, cables, etc. based upon its.failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit an"r notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this pertnit. V,E55 C r L 9_ie0V1l, Comany Name oA-Id1, By. z///j! Signature VP - L-- Ait-A<cl ;shiiaNS Title zico Av-e- Soi,. 1756 Addr n.J % J Z C City State Zip 2-14- 736- 709 Phone Number t� ndl91r 1Je550'\{ • eoeA Email: Vol. 262 Pg. �) /� \I . � C � 5 ROAD RGHT-01`4V64Y i g I CENTER LINEOFCOUNTY ROAD r ROAD RGHT-0FIAIAY I<^^77 <II arc wee_ l. P crJ h PLAN VIEW CA (:Si- r SHOUIl NORTH ARRM CENTER LINE 3 4 b rc COUNTY ROAD �T�_C,c-ee� TYPICAL SECTION 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-VVAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW ANDfOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN ANDI OR SECTION WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated l `, — /' — / % except as noted below: EXCEP"CIONS: Zrc (Month/Day/Year) Q,t,.d b- -V�� Brazos Coak unty Road Administrator Vol. 262 Pg. �J b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at titejob site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally P Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; I 1. Vol. 262 Pg.%�� BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni httime traffic control measures pursuant to the TMUTCD; Vol. 262 Pg. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling andjoints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to notjeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emereencr work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol. 262 Pg. ' shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. 262 Pg. ���� �j CI LEGEND eY T4S I WORK 6b \ �x� ANFap F \/ ROAD V I'tY ['nm -to ° .r4 g$ END $ WORK END ir'IwoIO S V F RDAD tlOflR AHFAD I ROADWORK soo ror9 v In- =� i°°aa�s \ 8 fizu-x ixe Il. In Sfb I sao .aro I1 \ isao Klnzr4e SIA 1 ROAD ---SSS--- {{ WORK YiA PNFAD I g [ei �'eP CIr2C eiC' ^ein am°E Ina- I har iY iw°.°to 11 a yp £b I I l p`�'u• i II2 0� Qy-x vomm°a NIS alk rk i01.m •' i I ^ a r Dwor "Culpimt I ISto Dole n if Ca,.'mrlort°I R., Only gsy L_ R000n `.Y for ma "I,, Innot. b.o .., rou d orf. . E. ° x I rnoronen. Poftea soeo:WWM ba Xi- I mm L•tail9rn or Sepermn X -morn or ornoelrn s• =Y mio oma Sr1 oI,.I tall . b In TYPICAL USAGE �$¢ envmallZllq varlene m aDWFarll, rrm '`. e;To- :9,b0-:M-n` y eC °al9oa Ir rD0 I IOW4 Dr trorna Ba I ve9RC sl✓MI slldxr . mr T' 71IIr[ .I IIM ( cnmWIIZIm av OYMiIW SLPI[ONAPI r0.Y 5iAi]OMaM SiAiIP+4Ri x °r9° Ic eminlvm+ ° 4Y. D1 DII fl... I ! ! ! ° or Jo• rrao r T.ar I Ll � 1,ax.ar trwniw ray. I t` `• s, sl GENERAL NOTES ISOs neree 9 6 51 ^j i_ ° 1. flq-e or nlm! in ons . morn 0011, wo r. tEiUI nano xmrrm owic°o uluno, om f,4 nn D.mm mono Cx• — l - 11 n11 •Ifn T^ trlmgt9 eplal mx e9 minaa Men melee In rM I I `I alone. "for ranm9 mlmn.. t....a, rrm wv°.a Or rm ualn«r. 15oe m}os d 6 51 r�a . 1. Siaa1011a elerial aMrl! a pl4[De D elnlvn DI 30 fM fmn l oifnr 11,1°.11 wy. t .11 Vemae 1, lvZ me mtlI Im , V0, romtlnv. naallq. e o5 ° Bee no190 4 D z Wil loll f If 51Wta. A Sna-• vwlm° rNn a a dw Iv W Wila N aT a pcanl W!a xi 19 Ia ram In Darwn a1, ^ 5 fro I F n a I I. Ffw al vw mraaro •Itt oi+or......... I, rtw riemsa 11 pnllty Dr tln Frk If •xMrn mo m IonlIr orn-1 SR 1,111 Dr qrk orMIIIM,1,W, Iro }M 1r91na amM1el i9ImN a In D Irte, rite 3 B11I .e or eMV xllwrtllxlry &A— 111 M ^s..111a,Yl1 Sh000 °0vae loos W.. oFIe ,, So w,Ill9n9e mf m° P9wa orfaa, F.1° ino. in. In.11D TMear o.Idm M apw. Sa 1015-11 1- AV ltrt .vk M 1101@1 nlp,.rya xxlroe:.na uJ C r. ka wv • k rnotol e n of Mr R1(p 9 Ill M °ata Inor 111 } 1 a I h a S I 'lot 0 r% no [nS Ml CCrke n IN Nae Y..1SI . •sIIGL601 ruts• DI°1D v'1 a9 uvM In olxa or MzHo RDAD v I `� ♦ n^ I -koo MAX Moo olpn for twllnr wh 01 ax,nfti wl ruh%r P I G WORK ENO - 33 RDA° x MEAD RDAD SDA ( E S WDPK 3 ror cot ror rlm [r I., all. arnaroor wx, a1.d cza-x AHUD in Ill,AYa eoi GFIFERArl°V]r°. for 11- Sot. e° rDl.la CRO -10 49• M 2d' FfR1 I DOAD AV 510.1 ma iro'no Nmol 11. 4MX- de• oo morn 11A li-IO It In I Q. A 40• ADHD SOAK rV1 4 WOxrc N 4 xe nwo 11 �+ Irla°a- cxa x ARFAD '' Texos Oeppf}menfd T]ons{Mallpn soo not° n 4e• x 24' ® doff], 000lov WrtJm 151 twro z,A 0x0 -IO 4t3A°0' TRAFFIC CONTROL PLAN s4a nota II CONVENTIONAL ROAD SHOULDER WORK TCP (2-1a1 TCP (2-1b) TCP (2-1c) TCP(2-1)-12 WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER Conventional Roads Conventional Roads Conventional Roads DC ='EM-1 1as...1"°t°eaJlYlaenlnd.rcn YVnil° Xml^m wm.mle ramr 1wlm DarO uuiSITpFIVO••U iiX lit. Off00 reN i li[nCm1 a .B. ` CINme oe�rm to, YVnil° Xml^m wm.mle ramr 1wlm sa4 Ona aml,am vIs Iso i°:I.Oa swomaa wcNllzeM "�"„ lmplNfialwl P iiX lit. Off00 reN i li[nCm1 a .B. ` CINme BNf Svwe B• 30 Z 150' 165' IBO' 30' 60' 120' 90' 35 L• � 205' 225' 1<5' ]5' ]0' I6C' 130' da 60 26s' z9s' Ro' 90' e0' zd0' 155' 45 4sc• ass• sdO• SO - 45' 90• 3zO• 19s• 500' 550' 6C0' S0' 100' 400' 2d0' 50 550' 605' 660' S5'Soo' 295' 55 60 l -Vs 600' 660'1]20' 60' 120' 600' 3511' 6: 650' T15' i80' fi5' ll0' t00' (10' ]L 100' ]10'1840' ]0• Ido' 60- C0' 9]5' 15 150' B25'I 900' ]5' 150' 900' Sop• Z BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2016-2017 BUDGET YEAR NO. 16/17 56.1-56.11 On this the 24th day of October 2017 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 24th day of October 2017 the Court heard and approved a budget amendment for the 2016-2017 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 6 September 2016, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 24th day of October 2017. THE COMNHSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 262 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 56.1 1012412017 FUND I DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase I Decrease General Fund Commissioners' Coon Cenzm_, cna I De amental Stippert 1 4,300.00 General Fund Sheriff - Acirmniso-mion I I Re airs S Mairt. I 4.S00.001 I I I I I I I I I I I I I I I I I I Cnmmissinnars' Cnurt and Sh,iffAdminktration Reallocntior of funds to theppropriat, nccounts to cover the cost of nsolire in F\' 17_ 94 iOepartment'A"` roval0�'F.,,:2#++.dDate iCoun[y:Judge,"ApproGalj.'�.p„T��"*����"r?�?+'JOate T. it lirounl in 11)t I FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin2encv 4,800,00 0100 2S000100 65350000 DR Gasoline 4800.00 I I I I I I I I I I I I I I I I i Vol. 262 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 107 - 56.2 6 q, {Counry Jud9e�Approval,,�' ',,�"Date�'y`.'�' `yj N \• "iI '1' D i() il""AEc°�$ t#aAtvz•e+gGZ-"/9ix1_'rw:,i'±"F$"M't`f"siz$fi�m3"iiG"i a FUND I DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 30301100 71119000 CR Idnnirorial Saniccs 840.00 0100 30301100 65350000 DR iGasoline 5.0.00 I I I I I I I I I I I I I I I Vol. 262 Pg.-'? BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 56.3 10x2412017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION _ Inuease Decrease Generol Fund I Risk Manaeemzrt Benefits 7=.00 General Fund I I Risk Tana gement Solan @ Waees 1 7200 I I I DRICR I 0100 I?500100 53800000 I Vvorkerp Com 72.00 I I I i163l000 i DR I I I I I I I I I I I I Rlsk \lanm�ement I Reallocation of funds to the appronnate accounts to COVer the OVCu me wor'sed during the hurricane. .-, IDeparlrtieritNApproval°?��""x'"&1Da[e _% sCountil u4ge Approval s ""3tYB`"' si�ata Fiir:\ivou`ntinr Nii'ritiei.Onlf�'��:$�°i�."�1:.3+`✓i`C$' ?.8.*'s�'6.r�.SdX?'m$`�^d?".i�i '. -_�. i�n5"` � •. FUND I DIV ACCT I DRICR f ACCOUNT NAME Increase Decrease 0100 I?500100 53800000 CR Vvorkerp Com 72.00 0100 12100100 i163l000 i DR I Houd,- Orerime-Disaster 7?.00 I I Vol. 262 Pg. ',2 i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 76117 - 56.4 . a, .. } �Department�Approvai% '�.�?�,�Date.�„S"- LgNnfTr_jEdgcLAppr�ovalj4 £' g Date i-- 'r�M Fa�7,4ccanirtm I'irnses'O0103k��" .'xl' a -°SSS:. -"E ^,emit+'iti. I I FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 24101100 43300000 CR 6:m Invee Ilealth loseranoe 7211.00 0100 1 '4101100 51940000 DR ICom nwred Pay 720.00 I Vol. 262 Pg. . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 56.5 PY IZ t' r i0 a partrite nt_Approval�Fr:_..�g�`ai�"� D ate��%73�,F1h9 tI (pyyj 3I j�-t 4V 4. "3.r .My .u} �sBS�BtI iGd�r(ii�JUi19eApprav`al?R'"``i� `+nates.. Vol. 262 Pg. 1 FUND 1 DIV ACCT DRICR _ ACCOUNT NAME Increase Decrease 1 0100 1 243(10100 57400000 CR 1Warkers Comp 130.001 0100 1 24200100 51940000 1 UR Cmnpensoled Pnv 130.00 I I I I I I I I I I 1 1 Vol. 262 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16!17 - 56.6 FUND DEPARTMENT DIVISION I CATEGORY DESCRIPTION Increase Decrease Health & Life Fnnd Health & \Pellnes= Clinic Solar' & R'e¢es 60.183.00 Health R Lite Fund Other Finsncin¢ Uses b0.IS3.G0 Genaal Fund I Other Financinc Uscs 60.183.00 General Fund I Sheriff Administration Jail Medical Sentres Salam&R'aees fi0.1S3.00 I DR/CR ACCOUNT NAME Increase Decrease I 640051110 1 51200000 1 CR ISalarc-De rllead I 60,183.00 5000 1 1 91110000 1 DR I I 60 183401 I D100 49030000 CR Transferfrom HLF 60.153.00 Ilualth and Lifo Fund and Sheriff -Jail M.1ical Services 01002300_000 Reallocwwn of funds to the appro nate accounts to cover the em_t of Dc Jonei salorv'thot is s Iit with the Jail Medienl 70%1 serviee5 for FY 2017. DR t �DepartmenrApprn}al� Ap ICounty Jude',-'Approval-y2F iDate{"nj'g 'ems ori\7K5umi6.1?0r `os-es.Oiili"'NJ I I FUND DIV I ACCT I DR/CR ACCOUNT NAME Increase Decrease 5000 1 640051110 1 51200000 1 CR ISalarc-De rllead 60,183.00 5000 1 1 91110000 1 DR Transfer to C'12. 1m2' Fnnd 60 183401 D100 49030000 CR Transferfrom HLF 60.153.00 01002300_000 51200000 DR Solar -De tHeod 60153.00 I I I I I I Vol. 262 Pg. c JG BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16!17 - 56.7 1012412017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Geneni Fund Shenn Administntion SO-CSISD School Secunry Hanetits 1.302.001 Genem! Fund I ShmITAdministntion SO-CSISD School Secunty I Sa!n 2 aees 1.301.001 I FUND DIV I I DRICR ACCOUNT NAME Increase Decrease I 53300000 I 0100 2SG04000 519=0000 UR Com enmied Pay 1,302,1501 I I I I I I � I I I I Sheriff - CSISII Schoa! SccnriI., Rea!loca tion of funds to the a2vc2mm accounts to cover the o ,er' v k d m FY 17 yCounty.lNdiLAApproval't Vol. 262 Pg. � J/ 1 I I Ip, FUND DIV I ACCT DRICR ACCOUNT NAME Increase Decrease 0100 28004000 53300000 CR F.lovec Health tneuranco 1.302.00 0100 2SG04000 519=0000 UR Com enmied Pay 1,302,1501 I I I I I Vol. 262 Pg. � J/ BRA70S COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 . 56.8 1812412017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION I Increase Decrease General Fund Con stable Pct.41 Benefits 23100 General Fund I Pa dl I I Selarv& Wages I 231.00 DIV I I I I ACCOUNT NAME Increase Decrease I I I I 43300000 I I 0100 30101100 J 1621000 UR Hourly - Ocettime- Disaster 231001 I I I I I I I I I I I I Constable Pct @I I LfPonds to the v2 o H' t to cote the oven' ne uo,kd dudne the humane !Departrtient'`APpr _._ �� ixxc . � „sem„'D_e ;County, ud 6APProval,.`}`34'` *' K D to Vol. 262 Pg. -TJ1 I I I FUND DIV L ACCT DRICR ACCOUNT NAME Increase Decrease 0100 30101100 1 43300000 CR Em locec Health Insurance 231.00 0100 30101100 J 1621000 UR Hourly - Ocettime- Disaster 231001 I I I I I I I I I Imo- I I Vol. 262 Pg. -TJ1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 -56,9 1012412017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION I Increase Decrease General Fund Constable Pal. €4Benefits I 1~ General Fund Constable Pct. 24 I Salan-S Waecs 1.92000 DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 30401100 531POOOp CR Sod ] Smarr, 1,920.00 0100 30401100 516'_1000 I Hourly - Ovenimc- Disasmr f I I I I I I I 1 f I I I I I I Consmble Pet. @+ I Rnallocxma of funds to the a ronriate accounts to cover the overtime worked durinu the hurricane. I Dates Or78(20t7j GYu jgepartment'Ap o b (County Judge Approv`a `S„'i a" 5 f1a'.Date'90T�1'+Gik`"f9"Y�1"U Vol. 262 Pg. ?% I FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 30401100 531POOOp CR Sod ] Smarr, 1,920.00 0100 30401100 516'_1000 DR Hourly - Ovenimc- Disasmr 1,920.001 I I I I I I I I I I I I I Vol. 262 Pg. ?% BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 56.10 . nnnnn17 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Geneml Fund Juvenile Administration 11 Academe Benefits »� Geneml Fund Juvenile Administration I Academ: Salary F R"aces 55.00 I I I I I I DIV ACCT I I ACCOUNTNAME I I I }1000}00 I CR I I Juvenile Services - Acudamv 56.00 Reallocation of funds to the ao re nate accounu to oovm the ovenw, corked in F -V 17. tDopartrnenPApprovalp;�'T}$€?Date {Co�e!APprbval �`ai�ate-7ti� Lur..hcuuriiln • 1 ur .;wOntif. I I FUND DIV ACCT DRICR I ACCOUNTNAME Increase Decrease 0100 }1000}00 6}300000 CR Nim levee health Insurance 56.00 0100 31000300 519A 1000 DR Compensated Lace Pay 55,001 I I I I I I — I Vol. 262 Pg. ✓ `� BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 16117 - 56.11 1012412017 FUND I DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Geneml Fund I Commissioners' Court Nom De rrrnenml I Professional Services I1,850 W 1 General Fund I I Other Financinv Uses I 1.350.00 General Capiml Ira rovement Other Fmi=inc Uses I Q50.00 General Capiml Geneml Capiml Ira m,cmem Ira mvement Capital I X50.00 I I I I I I I I I I UR Transfer to Cap. Imp. Fund 1850.001 I I 49028000 1 I I I I I 4500 67000500 90440000 DR (Land _1,3850.001 Cummi,inner's Court and General FunA Cn itnl Ira rncement �To mallecam the budeets so that the sun'nine casts of the land that was said can be caoimlimd. Sold land: Lot? Block I Brazos Place. ThisDmav was sold in FY 17. pyJrTc eY rtment'Ap o_°'''3"�'ff"RDate:e;:.,-r ,County :l`dge�Approval ��'� Sx*, `w90ate F',�'. �5 Vol. 262 Pg. �7L I I FUND DIV ACCT I DRICR ACCOUNT NAME Increase I Decrease 0100 11100500 72590000 CR IProfinensl Fees -Other 1,850.001 OI00 1 91110000 UR Transfer to Cap. Imp. Fund 1850.001 1 4500 1 49028000 1 CR ITransfer from General Fund 1,850,001 4500 67000500 90440000 DR (Land _1,3850.001 f I I I I I Vol. 262 Pg. �7L BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR NO.17118 4.1-4.16 On this the 24th day of October 2017 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 24th day of October 2017 the Court heard and approved a budget amendment for the 2016-2017 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 5 September 2017, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 24th day of October 2017. THE COIVLNUSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 262 Pg.: -Z? /' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118-4.1 1 012 412 0 1 7 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase I Decrease Gram Fund '1'J11)-luvcnile Grant Community Programs Sala .h 6'aees I 42 919,001 Grant Fund I TJJD- lusenile Grants Community Proemms Benefits 1 21.536.001 Grant Fund I TJJD- Invenile Gmms Commitment Diversion SolarykWaees2_19.00 Hourly Smary Grant Fund TJJD - Juvenile Grams Commitment Diversion Benefit 1 CR 2137.00 Grant Fund I TJJD - Juvenile Grants Basic Probation Saba .@Wages 45175.001 CR Grant Fond TJJD-Juemi2e Grant Msic Probation Benefitt I 22.7!3.001 33'.00000 CR 1Retirement 6.116.00 3000 1 312120 1 53300000 1 CR I I 11.867.00 3000 1 312120 538000110 CR I I 2;7.00 I 1 312140 51610000 I I I 3000 312140 I I I Soclal Security 173.00 3000 312140 I I CR '1'.IJ II I:rant 3.00 I I 53200000 Reallocation of funds to the appropriate account for the reclassifications of 1337-2, making the position 100"; paid in Division 312110. Asenda Rcm 47. Reclassification was approved on 10gR017, .' i x {vr Date: " . ..rs< 1011812017 _1 IDepartinent'A ;oval •^a"."r.)+kvOateSF??�R;95Ytr Co my Judge�Approwf�i=O�4'+tT'}Tly;�sOa_'�iy�„ ski Fiiii\i'c`uuntinl '.1 ai'rse's'Onl�t"-. •... Jx.�e" . -el !a36''-.iPw>ri ty'#ExW»�+;: sm+SEutS g1r56I:4p�5A?-".rs.;.+63':y[t:4'17J.' , 2Y17` k .. ,`' �`- it I I I FUND I DIV ACCT DR1CR ACCOUNT NAME I Increase Decrease 3000 312120 516100011 CR Hourly Smary 42.919.00 3000 312120 13101111110 1 CR Social Security 3.283.00 3000 312120 /3101000 CR I Flea Wneftt Admin 6300 3000 312120 33'.00000 CR 1Retirement 6.116.00 3000 1 312120 1 53300000 1 CR Em Imee health Insurance 11.867.00 3000 1 312120 538000110 CR I\Porkers Com 2;7.00 3000 1 312140 51610000 I CR Hourh'Salan 2,259.00 3000 312140 53100000 CR Soclal Security 173.00 3000 312140 53101000 CR Flea Benefit Admin 3.00 3000 312140 53200000 I CR IRetlrement 322.001 3000 312140 1330011011 CR F -m ho ee Fl cullh lasur:n eC 621.00 3000 312140 ;38000110 CR /Porkers Corup 14.00 3000 1 312110 51610000 DR Hourly Salary 4;,178.001 3000 1 312110 53100000 DR Social Secunty 3456.001 3000 312110 53101000 DR Flex Benefit Admin 66.00 3000 312110 53200000 DR Retirement I 6,433.00 3000 312110 533000001 DR Em lovee Heahh lnsumnee12P92.00 3000 312110 >3800000 DR \\'orkcrs Com 271.00 Vol. 262 Pg. ' L-0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 4.2 1012412017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund I Commissioners'Cour, Sen -D xnmenml Minor Acquisitions 637.0? General Fund I Comm Attomev Minor Ac msitioas 637.05 FUND DIV ACCT I I I 67342000 CR kurolture 637.05 I I I I I I I I Commissioner's Court and Co.em Attornav I Reallocaion of fund+ to the ao monate account to umhase!m lace chairs. (Department A i ro- a- Date &J -2M LCounty' Lidge�APPrrivalt For.''krioavinv'L'u'i me's Onlis?s=-^.-a"FfV,',. ii53'c .a'I+ s * 39'siY- .fstks'rm'&61.�uC tl e`+tir'2RifiEs ". ' .m hi.§ i.`i41t1? ' FUND DIV ACCT DRICR ACCOUNT NAME I Increase Decrease OI00 1 11000400 67342000 CR kurolture 637.05 0100 1 19000100 67342000 DR Fumitwc 637.051 I I I I I I 1 I Vol. 262 Pg. �j� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 -4.3 10/2412017 FUND DEPARTMENT I DIVISION I CATEGORY DES0 IPTION Increase Decrease General lvnd Commizsioners'Coun Contin enev I Departmental Su on I 1996000 General Fund I Brazos Center I Departmental Sttopor, 1 19.360.001 I I I I ACCT DRICR ACCOUNT NAME Increase Decrease 0100 1 I I I I I 0100 1 36500100 I I I I I I I I I I I I CommN+luner's Court and Brume Center I Reallocation of funds to the a2Eropriatc account to cover the estimated cost of utilities in FY 18. i a�'�f;$ S?t'' rannlrc Date. k" r -�-+' 10/18Y20 De aitme'oPA gpXyss= ; wmw �CoL_n[Y?uE9e;App�ovdl?}ifIl9{f.-`T!`��#S;'d Da,ei kn`+Ai"`�'c4" Vol. 262 Pg. ?. jam% FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 1 11001;00 1 61130000 CR Contin enc, 19,860.00 0100 1 36500100 61SS0000 I DR (Utilities I 19.360.00 I I I I I I I I I I I I I I I I I I I Vol. 262 Pg. ?. jam% BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 -4A 1012412017 FUND I DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Ckneml Fund I Commissioners' Caun ,on -De artmentai Minor Ac uisitions 3,6 2 5 General Fund I District Merely I I Minor Acquisitions 3.625.401 I I I I I 1 I ACCT I DR/CR ACCOUNT NAME Increase Decrease I I I I CR IFurniture I I 0100 I I I I I I I I I Commissioner's Court and Distrlet Attornev I Reallocation of funds to the.a2propmme account to purchase desk for the additional atmmev Nbitions than were approved in FY IS. 6- , . jDepartment'A o Date"vd'Yi ;C nty_udge Approval=b�iSlrl::'FftR,�1�1Date"�a,,''.�,'„f) Foi.'AcnrnuntinE..1'ui i'Cs"Onl�'LiS:,'%a�=."�t_' �3"it"%I;i2Yw^" ' "H w"�'�.tf£s''r`.IinAfi ... .«$,i`^YeS#tr"t�tttAaill<Siki'4`.;'1N745' ", - .!i fs4tifi`at4 I FUND DIV ACCT I DR/CR ACCOUNT NAME Increase Decrease OIJO II WOSUO 6i1120U0 CR IFurniture 3.625AU 0100 19000100 673142000 DR F=it= 3.625.40 I I I I I I I I I I I I I I I I I I I I Vol. 262 Pg. BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 17178 - 4.5 10/24/2017 FUND DEPARTMENT DIVISION I CATEGORY DESCRIPTION Increase I Decrease Gcneml Fund I Cammiss,onars'Court Son -De ertmen 11 I Ntiuer Ac uisition5 '_.544.65 General Pond I Counrr Clerk I 'Urnarmenul Support 327.611 General Fund County Clerk Min, AC uisirions 2 :17.031 DR/CR ACCOUNT NAME Increase I I 0100 1 11000500 I I I I I I I I I I I I I I 1 I I I I I I I I DR I 32262 0100 21000100 Commissioner's Court uad County Clerk DR Minor Com utcr Ra rdrvarc Lllmv., of funds to the Pp - account purchaw a computer, scanner d printer for additional al Irk position p y 1 in FY 13 mlwft a `1: IDepartmentFApp Val n -`.-W �$`; BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118-4.6 1012412017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease i Gmnt Fund T11D - Juvenile Gants Gant W JJAEP Inver o�emmcntal 4,269.00 Gram Fund TJJD-Jmenile Gants Grunt AL BAL Dc artmcntal Su nen 4,263.00 I DIV I I I DR/CR I cr Inease I Decrease I 49046410 CR I 3165.001 3000 313900 61630000 DR Subscri tions & Pubs 1 3,868.001 I I I I DR I I I I I I 1 I 1 IJI .Ius'enilc-'. /Grant \\'J.IAI[I' I To recoenize m%enue for su lemem'f1JD JJAEP Grant W, for online assessment testing & tminins for adminsterinu. Funds wcrcnot s ent in FY 201 i. IDopart^ent! pro "' 'Date jCountyJu-dge AP— ova17 `7CdI1t a -HUM, 4'ui,\ie6u`ntin Jut rise: ()nli`t3sfirii9CA�±:r tY47`�. »5.4#ifllirLUS: r', ..a.... - �Rt'!k'.n'ii9tT� iN:�`3df2li+t$"d4St�'Nw`"$f&^�� �3.t`.1��.f,! s1:1�'3iLt.` I I I FUND DIV ACCT DR/CR ACCOUNTNAME cr Inease I Decrease 3000 49046410 CR TJJD-Gant\V JJAEP 3165.001 3000 313900 61630000 DR Subscri tions & Pubs 1 3,868.001 1 3000 1 313400 61630000 DR Tmininc 400.001 I I I I I I Vol. 262 Pg. �/ BRAZOS COUNTY. TEXAS BUDGET AMENDMENTS No. 17118 .4.7 Y r ` 6 IPF y1011814R Dnte [CounJudge Approval2J P� Fiii:.\e<uu�i'm�!Pui"uTOnl�'��R` .-.'794 7}�;�:il ti T.t'YsivS:�. S'%i�STad'1L':?7�!3aY,Tt'')YBifl s':+3' T'b'F�Z'$:dkJT`z'+a'e'i"'�"d �tU:%`.k.'>�''.:.'i tl�i3,•tpLil FUND I DIV ACCT DRICR ACCOUNT NAME Decrese Increase a 0100 4053000 CR Donations - Other 359.00 0100 30401100 60010000 UR Donated Pro cnv-No Tag 359.00 I I I I I I I I I I I I I I f I I I I I I 1 Vol. 262 Pg. 'Xl 'j BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118-4.8 1 m24non FUND DEPARTMENT i DIVISION I CATEGORY DESCRIPTION I Increase J Decrease Gemml FuW Commissioners' Court Non-Deoanmenml Professional Smki 1.800.00 General Fend ACCOUNT NAME Other Financine lJses I 1,£00001 General Capital Improvement CR Other Financine Uses 1400.00 General Capital lrarovement Gencml Capital Ira rovement 1 I Ca ital 1 1.800.001 1,300.00 I I I Transfer from Geneml Fund 1,800.00 4500 1 63000500 80440000 DR I 1,800.00 I I I I I I I I 1 I I I I Commissluner's Court and Cenml Fund Cal Tial Ira rosemrnt To reallocate the budeea so that the a pmisal for the 1.323 acres ofland located rat FBI 159 out of the E. bl. Milliean Survey, A40 in south Brazos Count, can be ca imlized. 6pjr"rit "Ap'= I'kOR-t"'e'.'9C.s°klDat0utlge Approvall.,di�a .+`� Dateir•k'�i,46s�'_ Vol. 262 Pg. ') �Y I FUND DIV ACCT DRJCR ACCOUNT NAME Increase I Decrease 0100 11000400 72590000 CR I'rofesslonal Fees -Other L800.00 0100 91110000 DR Transfer to Ca. Imo. Fund 1,300.00 4500 49028000 CR Transfer from Geneml Fund 1,800.00 4500 1 63000500 80440000 DR Land 1,800.00 I I I I Vol. 262 Pg. ') �Y BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 4.9 1012412017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION I Increase Decrease General Fund Esoosition Cenmr De amental Support 1.732 00 General Fund Exposition Center Minor Acquisitions 1 1.732.001 I ACCOUNT NAME Increase Decrease 0100 I 60140000 CR I 0100 I I I DRi I I I I I I I I I I I I I I I I I I Es asitia Center 1 I Reallocation offunds to the appropnaic account[,) purchase two Shure SIX Series R'imlass Microphone Combo systems to be used in the Exhibit Hall and Pallmom with the new SStem. 'a012_�e.'^ IDopartme is I is vel. Cour JUE e A ioval "c� 6'c'k"�t@Y ..L `X -.+Dart %' ;IP'-"�"., ""',_ 9 _PP _ Fur3Sccotfnim Pur mez Oiik I FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 36000100 60140000 CR Janitorial Supplies 1 1.732.00 0100 36000100 67281000 DRi E ui ment-Electronic 1732.00 I I I I 1 I I I I I "1�_" Vol. 262 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118-4.10 1012412017 FUND DEPARTMENT I DIVISION I CATEGORY DESCRIPTION I Increase Decrease HLF Fund Health and Wellness Clinic I I De anmenlnl Su art "400.001 HLF Fund Hcalth and Wellnm Clinic I Mina, Acauisiuons ?:?00.00 I I I I I 1 I I I I I I I I I I I I I I I Health and Wellness Clinic I Reallocation o: funds to the approonate accoum to purchase equip nem for the Health and Wellness Clinic. p`Sir�3§7�i�4e'+8'.w`�F±�Ci47���Y rfl n %6��vxr {Departme_j"A r "al#_ i4,.eY'";;ti.:14`P?0�T[lDaie 'y'�" *'1 LCounty t dg'e'Approval to�A'cdauiitln^I'ui-->ev"'Onh..�z,?+SY'«:$tSsi07:;:i![AIlZ4'�'.§ iN'l3iai iti£�'f SiY:'ilk?i}ri#!:''43i.`.-9Ri+.'a`�41">4i'".�"S:titi°w^i-7 b'�:4c. :�5',t ,12 _: �+,•,*�'`, FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 5000 64005100 60380000 CR Ilealth Su Iles I 2.300.00 5000 6-1006100 67756000 DR Equi mens -Other I 2400.001 I I I I I Vol. 262 Pg. •') �/ 6, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 4.11 funds LDepertment'Ap. —3- 0 o my J`dge Approvals ^t1Y 7t` tDate: SS.�i.'"5uj P6cXiV4otiiFiliv viiOn6 I I I I FUND DIV ACCT DRICR ACCOUNT NAA1E Increase Decrease 0100 d6023000 CR I Donations -Other 100.00 0100 1 15000100 61235000 DR IDomtions - Other 1 100.00 I I I I I I I 1 Vol. 262 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 1711 B - 4.12 1012412017 FUND I DEPARTMENT DIVISION I CATEGORY DESCRIPTION I Increase Decrease Genenl Fund I Commissioners Coun Kon -De a=miat MinorA umtians I 1 2,029.11 Genenl Fund I District Attomev Dc onnsental Su en 1 1 327.62 Genenl Fund District Atmmev Minor Acquisitions 1 1,700.701 I I ACCOUNT NAME I I I I I I I I I I I I 1 19000100 60211000 DR Sotnvare-NO Tae 327.621 0100 1 19000100 67203000 1 DR Minor Con utcr llardware 1700.70 I 1 I I I Cnmmisslnner's Coati and District A(mmev Reallocation of funds to thea roma;e account to purchase a cum uter vith sofncare for the additional auomev positions that were approved in FY IS, nnms —D. t- 'tDepanmeol 44a. iCounry Judge Approvall y`Y}j'Sa7±�t "' tOati I ar-,\niuiiriri�hl'u'r `osrs Onls?'f.,s`�i�SY.9 3i Aws-v"'.'iSA "X4*`�I^*�SS. rT ±titi:'1k1"�s,�'?tittr'if+i.r_•:� >#�Ji.',at'�u?I ��%...'k?`%Ti`'-",tea ]$ rr �+a"^as:.''��t3R. ..�£'��:r• FUND I DIV ACCT DR1CR ACCOUNT NAME I Increase Decrease 0100 11000500 67203000 I CR Abner Com uta Hardware I 3.0'_932 0100 1 19000100 60211000 DR Sotnvare-NO Tae 327.621 0100 1 19000100 67203000 1 DR Minor Con utcr llardware 1700.70 I 1 I I I I I 1 I 1 I I I I I I I I I Vol. 262 Pg. / vs-, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 4.13 FUND DEPARTMENT I DIVISION I CATEGORY DESCRIPTION I Increase I Decrease General Fund Commissioners' Cour. I Non -De armenml Minor Ac uismons 7,36613 General Punt 35th District Coen De anntemal Su oon 190'_ JS General Fund Sim District Cour. Minor Ac uisihom =463.30 I Elinor Com umr Hardware 1 0100 1 22000100 1 60211000 1 DR Software - NO Tae 1.902.43 I 22000100 1 67203000 I Minor Computer Hanlwam I I 1 I I I I I I I 1 I 1 I I Commisslmrer's Cuurt and 85th District Court Reallocation of funds to the approRnate account to pu-chase computer with software for the Paperless Counmni Project in 85th Distd,,t Count 1% .a {anM, Date. ,,,y70(,18/2017,j �DePaitrnentp.Pro DateT�'**t"?�'?%'s'sl Judgo�Appraral.`nor".lit'+�DVate�,T.�t�".�a7- For:ticuu`ntih :1!ur triZei-.On1F•'.W, ``�1SSM^„':.'0 :r'f°�`si°1„?d: - - '+rsTu1�.' �:;%u`t"Fm�i'9k'.BATYI�$*af'9M�is S�'ea'?Lti?.=`ii"ittiF. e`-...-'rviiSfL-rstSd� I .srF/t'4�%TS'.T"C KSYi' I FUND I DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 0100 I 11000400 67_203000 CR Elinor Com umr Hardware 7-166.28 0100 1 22000100 1 60211000 1 DR Software - NO Tae 1.902.43 0100 1 22000100 1 67203000 1 DR Minor Computer Hanlwam 5 363.80 I I I Vol. 262 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 .4.14 for {nrim oato loner2oi% M R' E (Department`621ttovalj yt'`-'a?t0ateh xy,'i x2yT_y (Cotinty`,utlge Approval;9"3°.'}Ss'T'"9I+P6,Y`FDateT"""+^1'•`•.°`7'f1 t.o'ri<�ce6`untm },ur"-'icc.On1'1.��'ia7Er" %D43V'i4R2�i&53?i1T ^].'aTS�33'Xt93 I I I ik".xt.;s'��..�'kxE^2t37�'e39�k{.;#�`'9x.B K.3'?;�{iCY7+.'aa"f1E i'v7tfa`�h?�i: I FUND I DIV ACCT ORICR ACCOUNT NAME Increase I Decrease 0100 1 112101120 60600000 CR office Su olies 850.00 0100 1 112100'_0 67203000 DR Minor Comoucer Hardware 350.00 I I I Vol. 262 Pg. „ - J G BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 .4.15 10/2412017 FUND DEPARTMENT DIVISION I CATEGORY DESCRIPTION I Increase Decrease I General Fund Commissioners'Coun Contineencv Dcammental Su r, I 35.689.02 General Fund Facilities Snreices Re air& Maim 35.68902 I I I I x I I I I 0100 I I I I I I 0100 1 63056000 DR Plumbing Namt. 39.689.02 1 I Commissioner: Court and Facilities Services I Rediecatw of funds to the appropriate accoemt to mer the emereer"m air of the broken water pipe under the Sheriff Administration Building. Ib A" Zo.nIn II.ur oWZ06IV dfly' '8>tS$iiti'41P .�'f3-1 (DePartirient.Appioval?;.:, t}�s':R','-':f5'rni�{ViDate .�ei7Y.,:�r"3 FUND I DIV x (County Judge Appra_va1.�11h314�/ttzm[�n0a X31 p''SP��.59G9 Ib A" Zo.nIn II.ur oWZ06IV dfly' '8>tS$iiti'41P .�'f3-1 I FUND I DIV I ACCT DRICR ACCOUNT NAME I Increase Decrease 0100 1 11001500 61130000 CR Contin encu 38.689.02 0100 1 17000100 63056000 DR Plumbing Namt. 39.689.02 I I I I I I I I I I I I I I I Vol. 262 Pg. J BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 . 4.16 10/24/2017 FUND DEPARTMENT DIVISION 1 CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' court Comincena Ue anmmnt'I Su^ an 978.00 General Fund Counn Court at law vI De artrnental Su^ on 489.001 General Fund County Cour, at law 50 Dc arna,mal support 489.00 ACCOUNT NAME Increase Decrease 0100 11001500 I I Conti";". I 0100 1 23000100 I I (Bonds I I 23100100 I I I DR I I I I I I I I I I Commissioners' Court, CounnCourt at I.aw 91 and Count. Court at La, =1 1 Reallucaum of funds to the appropriate accoum due to the bond incmase for Pmbatr Jurisdiction, which is required bs'the Estates Code, Tct. Gods Code ?5.0006 e -I 71, i,pe. a' ,t , 1 "all �-_La 4rilt :C eRl.l J.4. a,`' !Department' ,Prov "a:,ty`�c&i at'N#!-rDate rn"o'smsr'as'.n Fsir'.lFcburitin Pue"'us Onlri1�1=ia%7:+;'"ve'1 tF`i'�}"i'.E�:&.`.�xr�*„',ai�iss"'.-'>>fi,.�i�-f�.+•ic''.�artY:..;g3i3I iEFF:-N�P.TTh'^ikh�.:�i1`-`�'i! T.�".'�"-Rtii^r._ra`tY A'.:`.?. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 611301100 CR Conti";". I 978.00 0100 1 23000100 1 61060000 DR (Bonds 1 489.001 0100 1 23100100 61060000 DR (Bonds 489.001 I I I I I I I I I I I I I I I I I I I I I I I Vol. 262 Pg. A.7:% PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 24, 2017 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 District Attorney McColgan, Cahal Employment Sanchez, Hilary Employment a� District Clerk Coffey, Lisa Employment Martinez, Gabriela Separation District Clerk — Archival Fund Mills, Kathryn Separation Exposition Complex Barthule, Mallissa A. Employment Butler, Yvonne M. Employment Spelce, John Separation Road & Bridge Lorenz, Corey L. Employment Sheriffs Office — Detention Douthit, Garrett Employment Hernandez, Maribel Employment Sandie, Vincent Change of Status Sheriffs Office — Medical French, Coleman Change of Status Hernandez, Adrienne Employment Approved in Commissioners' Court: October 24, 2017 County Judge's or Commissioner's Signature. (This Copy to be attached to minutes) Vol. 262 Pg.