Loading...
HomeMy WebLinkAbout1995-04-24-0900AM-Regulars t BRAZOS COUNTY BRYAN. TEXAS AGENDA `A ' PPP.. (I PH 1: 4 0 6RAZ , r ~ • .;r J Y BRAZOS COUNTY COMMISSIONERS' COURT MEETING THE COMMISSIONERS' COURT WILL MEET IN REGULAR SESSION ON MONDAY, APRIL 24, 1993 AT 9:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation - Commissioner Sims. 2. Pledge of Allegiance - Commissioner Sims. 3. Citizen input and/or concerns. Consider and take action on agenda items 4 - 25- 4. Appointment of Commissioner Randy Sims to serve on the Solid Waste Management Site Selection Citizens Advisory Committee. 5. Tax abatement for the Sanderson Farms facility to be located in the Bryan lndusbW Park. 6. Reassignment of county traffic enforcement from Precinct 7 Constable to Sheriffs Department. I 7. Request for the addition of a part-time Personnel Clerk. 8. Policy relative to smoking in county owned or leased facilities and vehicles. . 9. Advice to architect on guidelines to follow in completing the design and developing specifications for the Juvenile Detention Center. 10. Request for replat of Lot 3 and 4, Block 3. Fawn Lake Estates Subdivision located in Precinct 2. 1. Proposal for Desert Hills to provide nursing services to the Brazos County Juvenile Detention Center at a monthly rate of $400.00. I~I 12. Proposal for Desert Hills to provide 24 hours on call coverage for the weekends for phone calls or for a nurse to go the Center as needed at a cost of S35.00 per hour. 13. Request from GTE Southwest for relocation of approximately 2650' of communications cable in the new right-of-way of Macey Road. Site is located in Precinct 2. P 14. Request from Brushy Water Supply Corp. for a 2" road bore in the right-of-way of Chadotte Lane. Site is located in Precinct 4. 15. Request from Wellborn Water Supply Corp. for a 2" road bore in the right-0f-way of Windy Ryon Road/Quarter Horse Ranch Subdivision. Site is located in Precinct L I I l VO 6..PAQL-Aq1 r Brazos County Commissioners Court Agenda, April 24, 1995 16. Request from Road and Bridge to enter Joseph Gorzycki's property located off Misty, Lane/Nantucket Subdivision for the purpose of hauling away excess soil to be used as topsoil at old County Landfill off Kathy Flemming Road. Site is located in Precinct 1. 17. Acceptance of Easement Grant from Shirley Tenalio on the expansion and improvements to Macey Road located in Precinct 2. ✓ 18. Acceptance of Warranty Deed from Jan H. Dozier, Richard C. Dozier and Kelly I Dozier on the expansion and improvements to Hicks Lane located in Precinct 3. 19. Acceptance of Warranty Deed from Tony Jones on the expansion and improvements to Hicks Lane located in Precinct 3. 20. Granting of Quitclaim Deed to Peyton Waller and wife Dahlis Waller on the abandon- / ment of a portion of Hicks Lane located in Precinct 3. 21. Granting of Quitclaim Deed to Jan H. Dozier, Richard C. Dozier and Kelly J. Dozier on the abandonment of a portion of Hicks Lane located in Precinct 3. 22. Granting of Quitclaim Deed to Tony Jones on the abandonment of a portion of Hicks ✓ Lane located in Precinct 3. 23. Purchase of two vehicles from State Contract for the Brazos Valley Narcotic Trafficking ✓ Task Force. 24. Resolution to recertify the collection of fees and court costs for judicial salary supple- mentation by the State for County Court at Law Judges in accordance with H.B. 66. ✓ 25. Personnel Change of Status. 26. Report by Computer Services and Network Review Committee. 27. Acknowledge receipt of monthly activity reports from County and Precinct Officials. 28. Call for citizen input and/or concerns. 29. Consider and take action on payment of claims. 30. Adjourn. 3 VVG The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting,. To make arrangemeab, call (409) 361-4102. n "'"~~N14 VOL. PAGE COMMISSIONERS' COURT REGULAR MEETING APRIL 24, 1995 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Monday, April 24, 1995, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Sandie Walker, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Ruth McLeod Executive Assistant Susan Gandy Secretary to County Judge John Reynolds Auditor Cheryl Turney Auditor's Office Kay Hamilton Treasurer Richard Vance County Engineer Linda Muegge Road & Bridge Ray Crow Road & Bridge Bobby Riggs Sheriff Rita Watkins Sheriff's Office Ralph Jones Jail Administrator Marc Hamlin District Clerk Ernie Wentrcek Juvenile Services Duane Peters Constable Pct. 4 W. E. Pittman Constable Pct. 7 Marijane Deen CNS Dan Jones Task Force Ron Quiran Intern Shelley Holland Treasurer's Office Fred Forsthoff Emergency Management Bill Thornal Deputy Constable Pct. 7 J. D. Langley 85th District Court Judge Edwin Dobbins Maintenance Dan German Juvenile Services Chuck Croslin Cox/Croslin Phillis Fahlquist LWV Cindy Garza KBTX-TV Joel Evans KBTX-TV Commissioner Sims gave the invocation and led the pledge of allegiance. There was no citizen input. The first matter before the Court was the appointment of Commissioner Randy Sims to serve on the Solid Waste Management Site Selection Citizens Advisory Committee. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted vo PAGE Commissioners Court meeting April 24, 1995 unanimously to appoint Commissioner Randy Sims to serve on the Solid Waste Management Site Selection Citizens Advisory Committee. The Court next considered an Agreement for Development and Tax Abatement with Sanderson Farms for the hatchery facility to be located in the Bryan Industrial Park. on motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Agreement and authorized the County Judge to execute it on behalf of Brazos County. A copy of the Agreement is attached hereto. The next matter before the Court was the reassignment of county traffic enforcement from Precinct 7 Constable to Sheriff's Department. The County Judge reminded the Court that on September 11, 1989 the Commissioners Court appointed Constable Precinct 7 Litter/Traffic Enforcement Officer. Commissioner Norton commended Constable Precinct 7, Pittman, for the job done while assigned these duties. Commissioner Sims echoed Commissioner Norton's comments. Constable Pittman stated that he had not asked to be relieved of the duty. on motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to reassign the county traffic enforcement to the Sheriff's Department. The County Judge moved to have the effective date be May 1, 1995. Commissioner Norton seconded the motion. When asked, the Sheriff indicated that the department would not be ready to assume the duties as of that date. The County Judge then withdrew his motion and Commissioner Norton withdrew his second. The Judge asked Constable Pittman and the Sheriff work out the logistics for the transfer of responsibilities and then return to the court with a recommended effective date. The Court next considered a request for a part time Personnel Clerk. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the request for a part time personnel clerk. Commissioner Sims amended his motion to include the statement that the VOL -50 PAGE ~A 90 c t Commissioners Court meeting April 24, 1995 funds to pay for the position will come out of contingency funds. Commissioner Norton amended his second to include the statement. The motion carried unanimously. The next matter for consideration was the adoption of a smoking policy relative to smoking and the use of other tobacco products. The County Judge read the first item of the policy referencing the use of tobacco in any county owned building or leased facility. Commissioner Norton stated that he wanted the City of Bryan to enforce the policy. He y►as reminded that when the smoking policy was first adopted in 1993, the City of Bryan informed the Court that they had no jurisdiction to enforce the policy in the county owned facilities nor did the Fire Marshall. Commissioner Norton asked what if the department head was violating the policy. The County Judge stated that he had no answer other than he hoped the department head would be professional enough not to violate the policy. Judge Langley of the 85th District Court asked what to do about jurors that smoke. He then proposed a possible solution. The County Judge stated he was opposed to allowing jurors to smoke in the building. The County Judge moved to adopt the county facility portion of the policy. Commissioner Walker seconded the motion. Commissioners Norton, Sims, Walker and the County Judge voted "Aye". Commissioner Cauley voted "No". The motion carried. The County Judge read the second portion of the policy in reference to smoking in a county vehicle. He then moved to adopt it. Commissioner Walker seconded the motion. Commissioners Norton, Sims, Walker and the County Judge voted "Aye". Commissioner Cauley abstained. Commissioner Cauley commented that it was one thing to pass a law and another thing to enforce it. Sometime laws are passed that are unenforceable and a law that can not be enforced is not worth having. A copy of the policy is attached hereto. The next matter before the Court was advice to the architect on guidelines to follow in completing the design and vo PAGE_Z1s Commissioners Court meeting April 24, 1995 Croslin, told the court that they have the option to get a price from the contractor on just a slab with plumbing or the slab, the plumbing with exterior walls and roof but no interior walls and see how that relates to the final budget. At that point the Court could pick which way to go. There are alternates. Commissioner Norton moved to build an enclosed one half court gymnasium with no air conditioning, the slab poured to cover a full court to provide a half court outside, with a solid wall between the two, and the twenty (20) bed wing slab poured and plumbed but not enclosed. Commissioner Sims seconded the motion. Commissioners Norton, Walker, Sims voted "Aye". The County Judge voted "No". Commissioner Cauley then changed his vote to "Aye". Judge asked Commissioner Norton to meet with the Director of Juvenile Services and Mr. Croslin and talk through all details of motion. On motion by Commissioner Walker, seconded by the County Judge, the Court voted unanimously to recess the meeting after completion of business until 1:00 p.m. then reconvene to allow Mr. Stuart Kling to deliver the replat of the Fawn Lake Estates. The Court next considered a proposal from Desert Hills to provide nursing services to the Brazos County Juvenile Detention Center at a monthly rate of $400.00 or $4,800.00 annually. These services will include sick call two (2) times per week at the juvenile center, telephone consultation twenty four (24) hours per day, and quarterly training to. center staff regarding medication usage and its side effects. On motion by the County Judge, seconded by Commissioner Walker, the Court voted unanimously to enter into agreement with Desert Hills for the afore mentioned services. A copy of the agreement is attached hereto. The Court considered a second proposal from Desert Hills to provide twenty four (24) hours on call coverage for the weekends for phone calls or for a nurse to go to the center as VOA, S PAOE,~.•- h w Commissioners Court meeting April 24, 1995 needed at a cost of $35.00 per hour. On motion by Commissioner Walker, seconded by Commissioner Norton, the Court voted unanimously to enter into agreement with Desert Hills for the afore mentioned services. A copy of the agreement is attached hereto. The Court next considered the request from GTE Southwest to relocate approximately 2650 feet of communications cable in the new right-of-way of Macey Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. on motion by Commissioner Walker, seconded by Commissioner Norton, the Court voted unanimously to approve the request from GTE Southwest and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Brushy Water Supply Corporation to place a 2" road bore in the right-of-way of -Charlotte Lane. The site is located in Precinct 4. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the request of Brushy Water Supply Corporation and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Wellborn water Supply Corporation to place a 2" road bore in the right-of-way of Windy Ryon Road in the Quarter Horse Ranch Subdivision. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to approve the request from Wellborn Water Supply Corporation and authorized the installation. A copy of the request is attached hereto. The Court next considered authorizing work outside of county rights-of-way for the enhancement of county road projects. The Road and Bridge Department requested permission ~2Z VOL-PAGE Commissioners Court meeting April 24, 1995 to enter the private property of Joseph Gorzycki located off Misty Lane in the Nantucket Subdivision Phase 1 to haul away excess soil to be used as topsoil at the old County Landfill on Kathy Flemming Road. On motion by Commissioner Norton, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The next matter for consideration by the Court was acceptance of an easement grant conveyed to Brazos County as easement for the purpose of expanding and improving Macey Road in Precinct 2. On motion by Commissioner Walker, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept the easement grant from Shirley Tenalio for the expansion of Macey Road located in Precinct 2. The Court next considered acceptance of a warranty Deed for right-of-way for the expansion and improvement of Hicks Lane in Precinct 3. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County Warranty Deeds from Jan H. Dozier, Richard C. Dozier and Kelly J. Dozier on Hicks Lane in Precinct 3. The Court next considered acceptance of a Warranty Deed for right-of-way along Hicks Lane in Precinct 3. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Warranty Deed from Tony Jones for the expansion and improvements to Hicks Lane. The Court next considered a Quit Claim Deed of right-of- way along Hicks Road in Precinct 3. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unani- mously to authorize the County Judge to execute such instru- ments required which would quit claim the following property affected by the proposed abandonment of a portion of Hicks Lane: c 1;, VO PAO~g G {A 1 i Commissioners Court meeting April 24, 1995 Property Owner(s) Land Quit Claimed (in acres) Peyton Waller and wife Dahlis Waller 0.2654 acres 1 E r The Court next considered a Quit Claim Deed for right-of- t way along Hicks Lane in Precinct 3. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to execute such instruments required which would quit claim the following property affected by the proposed abandonment of a portion of Hicks Lane: Property Owner(s) Jan Dozier Richard C. Dozier Kelly J. Dozier Land Quit Claimed (in acres) 0.1349 acres The Court next considered the Quit Claim Deed of right- of-way along Hicks Road in Precinct 3. On motion by Commissioner Turner, seconded by Commissioner Sims, the Court voted unani-mously to authorize the County Judge to execute such instru-ments required which would quit claim the following property affected by the proposed abandonment of a portion of Hicks Lane: Property Owner(s) Land Quit Claimed (in acres) Tony Jones 0.3832 acres The Court next considered the purchase of two (2) vehicles from State Contract for the Brazos Valley Narcotic Trafficking Task Force. This purchase would replace two (2) automobiles and be paid from grant funds. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the purchase of two vehicles at a cost of $25,273.07. On motion by Commissioner Walker, seconded by Commissioner Norton, the Court voted unanimously to adopt a Resolution authorizing the Clerks of the County Courts at Law to collect civil fees and criminal costs authorized by H.B. 66 for a period of twelve months beginning July 1, 1995. These funds provide for the judicial salary supplementation of the VOL ~ PAOF Commissioners Court meeting April 24, 1995 County Court at Law Judges. The Court proceeded to consider the change of status of the following employees. NAME Atkins, Tom D. Branch, John Yoon, Sok Woo Thurman, Hope D. Aranza, D. M. Arnold, Kevin S. Burt, Amy DEPARTMENT Brazos Center CNS CNS Juvenile Serv. Juvenile Serv. Road & Bridge Tax Office REASON New Emp P/T Resignation New Employee Resignation Termination New Emp P/T Transfer on motion by Commissioner Walker, seconded by Commissioner Norton, the Court voted unanimously to approve the changes as submitted. The Court next heard a report from the Computer Network Services steering committee. Commission Cauley explained that the steering committee met and that the policy and procedures will be forth coming. M. J. Deen, head of CNS presented a time schedule showing what programming and training will be completed and when. The County Judge pointed out that a computer advisory committee would be made up of the members of the Commissioners Court with the help of the head of CNS. The Court acknowledged receipt of the Extension Service reports for May 1994 and acknowledged receipt of reports from County and Precinct offices showing revenues collected and remitted to the County Treasurer. An excerpt from those reports is attached hereto. There was no citizen's input and/or concerns. The Court next considered the following Claims as submitted by the County Treasurer for payment: 10--General Fund Claims--8955--thru--9270-- 20--Road & Bridge-------------Claims--9421--thru--9497-- 22--R&B Capital Projects Claims--9271--thru--9274-- 30--Capital Projects Claims--9275--thru--9 50--Adult Probation Claims--9272--thru--9-291 - 51--County Atty Hot Check Claims--9293--thru--9594-- 52--District Atty Check Coll--Claims--9295--thru--9296-- 54--Health Department Claims--9297--thru--9314-- 60--Payroll------------------- Claims--9315--thru--9318-- 61--Health & Life Ins--------- Claims--9319--thru--9323-- 62--Flexible Benefit Plan Claims--9324--thru-------- 90--Brazos County Grants Claims--9325--thru--9407-- 91--MPO----------------------- Claims--9408--thru--9412-- Commissioner Sims questioned the purchase of heat lamps N e Commissioners Court meeting April 24, 1995 for the museum and a humidifier system. On motion by Commissioner Walker, seconded by Commissioner Norton, the Court voted unanimously to approve the Claims as submitted. The County Judge recessed the meeting until 1:00 p.m. at which time the Court would consider the replat of Block 3, Fawn Lake Estates. The County Judge reconvened the meeting of the Commissioners' Court of Brazos County, Texas at 1:00 p.m. on April 24, 1995 in the Commissioners' Courtroom in. the Courthouse in Bryan, Brazos County, Texas The following citizens and officials were in attendance: Ruth McLeod Executive Assistant Susan Gandy Admin. Asst. to County Judge Richard Vance County Engineer Ray Crow Road and Bridge John Reynolds Auditor James P. Marrow Constable Pct. 2 The Court next considered the Replat of Lot 4, Block 3, Fawn Lake Estates. Richard Vance, County Engineer, stated that he had reviewed the plat and it required the following items: 1) If there are provisions in the Subdivision Restrictions (for this subdivision of lots) State provisions in the form of a note. If not, then the signatures of surrounding land owners are required as stated in the Subdivision Regulations, Section IV, Paragraph C, Line 25. This must appear on the face of the plat. 2. This is an ETJ Subdivision. The plat will need to be reviewed by the City of Bryan Planning and Zoning and a place for signatures after their review. On motion by Commissioner Norton, seconded by Commissioner Walker, the Court unanimously approved the final plat of Lot 4, Block 3, Fawn Lake Subdivision pending the addition of the notes by the Road and Bridge Department and the developer prepare an as built plat for approval. Commissioner Norton stated that the developer be notified of the problems in the subdivision and the County's recommendations. He also asked that the developer comply with the subdivision regulations. VOL 6 Commissioners Court meeting April 24, 1995 There being no further business to come before the Court, the meeting was adjourned. ,11~ VOL PAa~ . r The foregoing minutes of the Commissioners Court meeting held April 24, 1995 have been examined and are approved in open Court this the z8 day of 4&se6 r., 19 , in Bryan, Brazos County, Texas. 6j.~ -20QL Alv W. Jane County Judge an ie 1ker Commissio Precinct C ey Ca e , Jr. Cowoiss ner, Prec 4 Gary Ngzf~h V Commi ner, Precinct 1 Randy S' s Commis loner, Precinct 3 'Mary Aknn War County Clerk vo L pAoEo.-3, AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT WITH SANDERSON FARMS, INC. IN REINVESTMENT ZONE 11IREL, CITY OF BRYAN, BRAZOS COUNTY, TEXAS This Agreement entered into by and between the Brazos County, Texas, acting herein by and through its County Judge and Commissioners' Court, hereinafter referred to as 'County," and Sanderson Farms, Inc., a Mississippi Corporation, hereinafter referred to as "Owner." WTTNE.SSETH: The County, by Resolution duly adopted on April 24, 1995, in Reinvestment Zone No. Three established by the City of Bryan ("Zone"), granted a Tax Abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Vernon's Texas Civil Statutes Annotated, Tax Code Chapter 312(1992). In order to provide for the proper development of such property and to aid in the conduct of the operation thereof to the best interest of the County, in accordance with the above referenced ordinances and statutes, the Parties do mutually agree as follows: 1. The property that is subject to this Agreement is the real property specifically described in the Exhibit A attached hereto and incorporated herein for all purposes, together with all improvements, buildings, machinery, equipment, vehicles and other tangible personal property located thereon, such real property, together with all improvements, buildings, machinery, equipment, vehicles and other tangible personal property located thereon, being hereinafter referred to as the "Property." The Property will be used by the Company in a new enterprise for the manufacturing, processing and distribution of poultry products and other permissible products. The number, kind and location of the improvements, buildings and other tangible personal property located on the real property described in Exhibit A hereto is listed and described in Exhibit B hereto. 2. In consideration of Owner's installation of and improvements to the Property, which installation and improvements will be done in accordance with applicable building permits, and the Site Development Plan on file with the County (and as amended) which is incorporated herein by reference, the County agrees that, subject to the terms and conditions contained herein, the above described Property shall be entitled to an exemption from taxation as provided for in Section 11 of this Agreement for a period of ten (10) years, and that upon the expiration of such time this Agreement shall terminate. Owner acknowledges and agrees that the purpose of County entering into this Agreement is to encourage development and redevelopment of the Property. 3. Owner agrees to build any and all improvements in accordance with all applicable laws, statutes, codes, rules, requirements or regulations of the Brazos County, VO~PAQE~.` _ - ~+...u~+-~..~. u,~r~.~..... nur......•... . ~ L.irw Inu. +L.,~..yr...~~... a. dks~ Texas, the State of Texas and the United States of America, and any subdivisions, agencies and authority thereof. 4. During the period of time when Owner is constructing improvements on the Property, and at all times thereafter during the term of this agreement, Owner shall keep or cause others to keep the Property insured against loss or damage by fire or any other casualty. In the event all or a material portion of the Property is damaged by fire or any other casualty, if Owner pursues diligent completion of such damages in order to repair, remodel or renovate the Property in accordance with the Owner's purposes, then the exemption from taxation as provided for in this Agreement shall continue. Should the Owner decide not to repair, remodel or renovate the damaged Property, then the exemption from taxation as provided for in this Agreement shall cease and the Property will be taxed in accordance with applicable law and this Agreement. Within ninety (40) days of the date such damage to the Property occurs, Owner shall submit written notice of intent to the County setting forth the date Owner anticipates starting and completing the repair, remodeling or renovation of the damaged Property. 5. To the best of Onwees knowledge, no member of the County Commissioners Court has an interest in the Property and such Property is not owned or leased by any member of the County Commissioners Court. 6. The County assumes no liability or responsibility for any installation of or improvements to the Property or for any defect to any structure constructed on the Property. The relationship between the County and the Owner at all times shall not be deemed a partnership or joint venture for the purposes of this Agreement or any other purpose. 7. At all reasonable times during the construction of and improvements to the Property, and following its completion, the County through its designees may inspect the Property in order to assure that all construction, workmanship, material and installations involved in or incident to the Property are performed in accordance with all applicable building permits, governmental regulations, laws and ordinances applicable thereto, and to assure that the Property is being used by the Company in accordance with its intended use and as detailed in the site development plans and permits referred to in paragraph 2 above. At all times during this Agreement, upon 5 days written notice to the Owner, the Owner shall produce those financial records reasonably necessary for the County to verify the Owner's compliance with the terms of the Performance Agreement relative to salary base and total investment. Such inspection of the records will be done during normal business hours. & Owner agrees to pay all ad valorem taxes and assessments (except those exempted pursuant to this Agreement or otherwise) owed to the County prior to such taxes and/or assessments becoming delinquent; provided the Owner shall have the right to contest in good faith the validity or application of any such tax or assessment and shall not be eoaaidered in default hereunder so long as such contest is diligently pursued to completion. 2 VOL 5" PAQ~ ~ 4 t In the event that the Owner does contest such tax or assessment, it shall nevertheless promptly pay to the County prior to its becoming delinquent, all taxes and assessments which it is not so contesting. If Owner undertakes any such contest, it shall notify County and keep County apprised of the status of such contest. Should Owner be unsuccessful in any such contest, Owner shall pay promptly the taxes, penalties and/or interest resulting therefrom. 9. In the event the Owner does not maintain the Property in good condition, reasonable wear and tear accepted, fails to use the Property for the purposes that are contemplated by this Agreement, allows the Property to become vacant, fails to pay non abated taxes in the manner required by law, fails to meet its obligations under the Performance Agreement to be dated May 1, 1995 between the County and the Owner or fails to repair, remodel or renovate any damage or destruction to the Property by any casualty, the County shall give Owner written notice of such failures. If Owner has not complied with or made satisfactory efforts to comply with these requirements within thirty (30) days of said written notice, County shall and does reserve the right to declare this Agreement void and shall to have the right to terminate the abatement given to Owner pursuant to this Agreement. . 10. The County and the Owner agree that if the Owner does not diligently, faithfully and conscientiously pursue the completion of the contemplated construction on the Property, or in the event the Owner fails to comply with paragraph 9 hereof; the County shall have the right to renegotiate or terminate this Agreement, and Owner shall pay to the County the taxes that would have been paid to County had the taxes not been reduced under the terms of this Agreement, plus interest at the rate provided for delinquent taxes in accordance with Vernon's Texas Code Annotated, Tax Code, Section 33.01. Such payment of taxes and interest shall be due within thirty (30) days of County's termination of this Agreement and notification to Owner of the termination of this Agreement and of the amount of taxes and interest due. The taxes and interest are due and become delinquent and incur penalties and interests as provided by law for ad valorem taxes imposed by County if not paid before February 1 of the year following the date on which the termination of this Agreement occurs. 11. Owner will submit to the County the Certificate of Compliance attached hereto as Exhibit 'C" certifying that all construction on the Property has been completed in accordance with the Owner's plan for construction. After receipt such evidence, the County shall make a final inspection of the Property to determine that the Property has been installed, constructed or improved in compliance with this Agreement and upon such finding the County shall authorize the exemption from taxation to commence on January 1, 1996 and terminating after the Property has received ten (10) full calendar years of exemption as provided for in this Agreement. The exemption from taxation provided for by this Agreement shall apply to the value of the Property over and above the value of the Property in the applicable base year (determined in accordance with applicable law) in the following amounts. 3 VOA-AS' PAOE.:~L6 t. Value of Property Calendar Year to be abated 1996 0% 1997 95% 1998 95% 1999 95% 2000 95% ' 2001 95% 2002 95% 2003 90% 2004 90% The Chief Appraiser of the Brazos County Appraisal District shall annually determine (i) the taxable value of the real and personal property comprising the Property taldng into consideration the Abatement provided by this Agreement, and (ii) the full taxable value without Abatement of the real and personal property comprising the Property. The Chief Appraiser shall record both the abated taxable value and the full taxable value in the appraisal records. The full taxable value figure listed in the appraisal records shall be used to compute the amount of abated taxes that are required to be recaptured and paid in the event. this Agreement is terminated in a manner that results in recapture. Each year the Owner shall furnish the Chief Appraiser with such information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified herein. The taxable value of the Project Site within the geographical boundaries of the County in 1995 is ONE HUNDRED TWENTY-EIGHT THOUSAND ONE HUNDRED THIRTY and N01100 DOLLARS ($128,130.00). 11 Miscellaneous. a. Severbiiity. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such Agreement shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there should be added automatically as part of this Agreement a provision that is similar in terms and substance to such deleted provision as may be possible and yet be legal, valid and enforceable. b. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in Brazos County, Texas. C. Sole Agreement. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter covered by this Agreement. 4 VO PAQE.J.Q.Z w "A'-N d. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. e. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its rights to use any and all other legal remedies. Said rights and remedies are given to addition to any other rights the parties may have by law, statute, ordinance or otherwise. L No Waiver. No waiver by the Owner or the County of any event of default, or breach of any covenant, condition or stipulation herein contained shall be treated as a waiver of any other covenant, condition or stipulation hereof. 9- Assignment. This Agreement may not be assigned by Owner. Additionally, a change in ownership, in a single transaction, of fifty plus one percent of the stock of the Owner shall be considered an assignment for purposes of this paragraph. An assignment as prohibited above shall cause this Agreement to terminate immediately and the exemption from taxation as provided for herein shall cease. Such assignment shall, however, not be considered a violation of the Agreement so as to require the recapture of any taxes herein abate& h. Notices. Parties hereby designate the following individuals to receive any notices required to be submitted pursuant to the terms of this Agreement: To the County: Brazos County, County Judge, Post Office Box , Bryan, Texas 77805 To the Owner. Sanderson Farms, Inc., Mike Cockrell, Post Office Box 988, Laurel, MS 39441 The parties hereto have executed this Agreement, or caused it to be executed by its drily authorized officials, in multiple counterparts, each of equal dignity, as of the dates contained after the signatures of each party's representatives, said Agreement to become effective as of the later of the two dates that this Agreement is executed by the respective parties. BRAZOS COUNTY, TEXAS By: 6, 1-. - fl- - Alvin . Jones, Co ty Judge Executed on: 2-7*= AI'M" 199r 5 V09 PAGE i' SANDERSON FARMS, INC Br J .Sanderson, Jr. Chief Executive Officer and President AA Executed on: , f/~ off✓r . (Attest) . Michael Cockrell Chief Financial Officer and Treasurer Executed on:~T f,~J THE STATE OF TEXAS $ COUNTY OF BRAZOS Alvin Court. This instrument was acknowledged before me on this the4,1.dday of April, 1995, by W. Jones, County Judge of Brazos County on behalf of said County Commissioners JANE MOORE ~%ft d I THE STATE OF MISSISSIPPI COUNTY OF This instrument was acknowledged before me on this the L:iNay of &1995, by Joe. F. Sanderson, Jr, Chief Executive Officer and President of Sanderson Farms, Inc., a Mississippi Corporation, on behalf of said corporation. Notary S of Mississippi 6 rXbeft iftte *IV.t9V VON -4' PAGE 2. h 7 VQ t A EXHIBIT "B" SANDERSON FARMS, INC. Hatchery Building: 65,000 sq. ft., pre cast construction 50 Jamesway Super J. Hatchers 50 Jamesway Super J. Incubators Ventilation Equipment, including air conditioners, heaters, humidifiers, etc. 750 KW Generator set and related equipment Air Compressors Tray washer system and related equipment Buggy washer system and related equipment High pressure washer system Chick-go-round system and related equipment Chick vaccination equipment and related lab equipment Hot water system Office furniture, fixture, calculators, computer equipment and related equipment Transfer conveyor Telephone and PA system Rolling stock, including chick delivery vehicles, egg pick-up vehicles. service vehicles Total Estimated Coat $5,000,000 8 I E VOA r PAQE~ ft~ M " I [ F I- . EXHIBIT 'C CERTIFICATE OF COMPLIANCE AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT WITH SANDERSON FARMS, INC. IN REINVESTMENT ZONE NUMBER THREE CITY OF BRYAN, BRAZOS COUNTY, TEXAS TAX ABATEMENT, BRAZOS COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF BRAZOS Sanderson Farms, Inc., acting by and through its duly authorized representatives (the 'Owned, hereby certifies that the installation of improvements on the Property, as called for in the above referenced Agreement, has been completed and that all facilities and improvements have been constructed pursuant to said Agreement. Signed this ^ day of , 1997. SANDERSON FARMS, INC. By: Its: The above described improvements have been accepted by the Brazos County, Texas as having been constructed in compliance with the above referenced Agreement, and that pursuant to said Agreement the exemption from taxation shall commence on January 1, 1996 continuing through the year 2004, which will be the last year that the property will be 9 VOL S PAGE entitled to exemption from taxation in accordance with this Agreement, and that the taxable value of the Premises for such period of time shall be the most current taxable value as appraised by the Brazos County Appraisal District for each year of the term of the Agreement. Signed this day of May, 1997. BRAZ.OS COUNTY, TEXAS Br Judge Alvin W. Jones, Court Judge 10 N .1 THIS MEMORANDUM OF AGREEMENT made and entered into by and between Brazos County, Texas„ acting by and through the Commissioners of Brazos County, Texas (the "County"), and Sanderson Farms, Inc., a corporation duly organized and existing under the laws of the State of Mississippi (the "Company"). WITNESSETH: WHEREAS, the County is authorized and empowered under applicable Texas law to aid in the development of industrial enterprises within the geographic boundaries of the County by offering economic and other incentives to prospective new and developing businesses, and by granting certain exemptions from and/or abatements of ad valorem taxation under the laws of the State of Texas; WHEREAS, the Company proposes to construct and acquire a new industrial enterprise, which will consist of land, buildings, improvements, infrastructure improvements, machinery, equipment and vehicles for the manufacturing, processing and distribution of poultry products or other permissible products (all of which together, wherever located, constitute the "Project"), a portion of which Project will be located within the geographical boundaries of the County; WHEREAS, the Company wishes to obtain satisfactory assurance from the County that the County will aid the Company in obtaining available tax incentives allowed under applicable State and local law, as well as aid the Company by providing certain other economic and other incentives; WHEREAS, the Company wishes to obtain satisfactory assurance from the County that the County will not oppose the Company in its efforts to make application for available grants from appropriate State and Federal governmental agencies, the proceeds of which can and will be used to provide infrastructure improvements and/or other benefits to the Company in connection with the Project and will join in the execution of such applications, to the extent allowed by law, under certain circumstances. WHEREAS, a portion of the Project will include various infrastructure improvements consisting of wastewater treatment and collection facilities, potable water wells, elevated water tanks, site preparation, construction of roadways, paving, land and other miscellaneous items unrelated to actual manufacturing and processing of poultry products (the "Infrastructure Improvements"), all or a portion of which may be financed with funds obtained from a grant or grants from the State of Texas pursuant to applicable Texas law and/or certain federal governmental agencies; VO r PAGE .115.. N WHEREAS, the County recognizes that the Project will benefit the County economically by providing employment opportunities, additional tax revenues, an improved manufacturing infrastructure and the multiplier effect of the additional dollars to be spent in Brazos County, and that assisting such economic development is a valid and worthy purpose; and WHEREAS, the County has indicated its willingness to proceed with exercising its authority under applicable Texas law to offer and grant incentives to the Company as an inducement to the Company to locate the Project within the geographical boundaries of the County as aforesaid, and the County has advised the Company that, subject to due compliance with all requirements of applicable law, the County, by virtue of such statutory authority as may now or hereafter be conferred by applicable Texas law, will assist the Company in the construction and acquisition of the Project as outlined below. NOW. THEREFORE, the County and the Company agree as follows: 1. Undertakings of the County. Subject to the conditions stated above, the County agrees as follows: . (a) The County will not oppose the Company or other public subdivisions, non-profit corporations, or other entities in their application for a grant or grants from the appropriate agencies of the State of Texas that administer the "Texas Capital Fund" program or other appropriate programs. In addition, if necessary and in conformity with all applicable laws, the County will, upon request by the Company, join in executing any application or applications for grants from the foregoing State agencies. In joining such grant applications, however, the County is not hereby agreeing or committed to provide any additional funds, expenses, personnel, or services to Company other than incidental staff time and services necessary to join in the application or applications. (b) The County will not oppose the Company or other public subdivisions, non-profit corporations, or other entities in their application for a grant or grants from appropriate agencies of the federal government. In addition, if necessary and in conformity with all applicable laws, the County will, upon request by the Company, join in executing any application or applications for grants from the foregoing federal agencies. In joining such grant applications, however, the County is not hereby agreeing or committed to provide any additional funds, expenses, personnel, or services to Company other than incidental staff time and services necessary to join in the application or applications. ~I (c) Upon compliance with applicable law, including compliance with all applicable procedural requirements, public hearings and meetings, the County will designate the sites on which any portion of the Project will be located (such sites being hereinafter referred to as "Project Sites" or individually as a "Project site") that are within its geographic boundaries as a 'Reinvestment Zone" under applicable Texas law. With respect to any Project Sites located within the geographic boundary of the County that are designated as 2 VOt~..' C PAGE A sJ7.r 10 , a Reinvesnneat Zone by the County or any other political subdivision, the County will, upon completion of all legal and procedural requirements necessary to be met, grant the Company those exemptions from ad valorem taxation authorized by the Tax Abatement Act, Vernon's Texas Civil Statues Annotated, Tax Code Chapter 312 (199), for a period of ten years, such exemption to apply as set forth in Exhibit A attached hereto. Such exemptions or abatements from taxation shall be set forth in a properly authorized and duly executed Tax Abatement Agreement that complies with Section 312.205 of the Texas Civil Statutes, which Tax Abatement Agreement will be substantially in the form of the Agreement attached hereto as Exhibit A. (d) Upon request of the Company, to the extent authorized by applicable law and if it is determined that the necessary criteria are met, the County will nominate any Project Sites located within its geographic boundaries for "Enterprise Zone" status under applicable Texas state law, and will assist the Company in obtaining all available tax credits, abatements and other benefits available to it as a result of such designation. (e) Upon request by the Company, to the extent allowed by applicable law, the County will aid and support the Company in obtaining air emissions and water discharge permits from State and Federal regulatory agencies. However, in providing such aid and support to the Company, the County in no way assumes any responsibility or liability for the accuracy of any information contained in the permit application provided solely by the Company, and the Company shall hold County harmless and indemnify it against any causes of action, damages, expenses, claims or suits arising out of such permitting process. (f) In the event it becomes necessary to identify and locate additional sources of water, the County will, to the extent allowed by applicable law, aid and support the Company in locating such sources of water and obtaining rights-of-way to construct pipelines. 2. Undertakings of the Company. Subject to the conditions stated herein, the Company agrees as follows: (a) The Company will invest approximately $60,000,000 for improvements to property, machinery, equipment, infrastructure improvements, buildings and vehides associated with the Project, a material portion of which property, improvements, machinery, equipment, infrastructure improvements, buildings and vehicles will be located within the geographic boundaries of the County. This investment will be made by the Company within a five year period beginning on the date of this Agreement. (b) Beginning in 1997, the Company will maintain an annual aggregate gross salary base of at least the amounts set forth on Exhibit B" attached hereto at the Project Sites located within the geographic boundaries of the County. ,,0011 3 Von- S PAOZ..!!4... N (c) At all times during which the Company owns and operates the Project and the Project Site, the Company will remain in substantial compliance with all applicable laws, rules and regulations applicable to it, the Project and the Project Sites, failure to comply with which would result in a material adverse impact on the Company, the Project or the Project Sites, including, without limitation, all applicable environmental laws, rules and regulations. Upon request of the County, the Company agrees to provide the County copies of all environmental studies conducted prior to beginning construction on the Project Sites The Company will indemnify and hold the County harmless for and against any and all liability incurred as a result of the Company's failure to abide by all applicable environmental laws, rules and regulations. 3. Termination. The Company may terminate this Agreement and be relieved of all liability hereunder in the event any one of the following events should o=r: (i) the soil at any Project Site is determined to be insufficient to support the buildings, equipment and wastewater treatment and collection facilities to be placed on such Project Site, the sufficiency of which will be determined by soil boring tests; (ii} underground sources of water shall be determined to be insufficient with respect to water quality and water availability at any Project Site, the sufficiency of which shall be determined by the Company by drilling test wells on the Project Sites; (iii) failure to obtain all applicable air emission and water discharge permits related to the Project from applicable State and Federal regulatory agencies; (iv) opposition to the location and construction of the Project by the residents of the County, College Station, Texas, Bryan, Texas, the State of Texas or others, as determined solely by the Company. (v) any hazardous wastes or toxic substances of any ldnd are found in, on or under any Project Site; (vi) existing easements, rights-of-way or other exceptions or encumbrances on and to any Project Site as reflected in a certified survey or 4 VOL PAGE -9/7, P i i property title opinion shall be unacceptable to the Company; or (vii) a proper title opinion should reflect that the oil, gas or other minerals, or any portion thereof; in, on or under any Project Site have been sold, leased or severed from any Project Site to the extent that, in the sole opinion of the Company, the development of or exploration for such minerals is beyond the control of the Company. (viii) the Company is not successful in locating a suitable hatchery, processing plant and feedmill site on which it is able to obtain all necessary permits from applicable State and Federal regulatory agencies; (ix) the Company determines in good faith after diligence search and inquiry that it will be unable to obtain adequate production support from interested poultry growers who are willing, able and qualify to grow chickens for the Company, or in the event that the Company determines at its sole discretion that such potential growers will be unable to secure adequate financing to support their growout operations; (x) the Company is unable to negotiate a satisfactory agreement with other applicable County, county and state political subdivisions other than the County regarding economic incentives, tax abatements, utilities, rail service and other matters critical to the Company's operations; (n7 the Company is unable to obtain from applicable state and/or federal agencies under the Texas Capitdl Fund or such other programs as may be applicable, grants for use by the Company in completing infrastructure improvements associated with the Project; (rii) in the sole discretion of the Company, economic, business and market reasons dictate that this Agreement be terminated. 5 VO S PAQE&~. .2 „M IN WPINESS WHEREOF, the parties hereto have entered into this Agreement by their ofcess thereunto duly authorized as of the 1st day of May, 1995. BRAZ.OS COUNTY, TEXAS BY:!/iPs COUNTY JUDG ATIES1%.. CLERK (SEAT.) SANDERSON FARMS, INC. BY: ~e • President and C.E.O. ATTEST: TrKE. r4 (SEAL) 6 VO.,.._PAO, ,J/9 E R • ~ r E7tHIBIT "A" AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT WrM SANDERSON FARMS, INC. IN REINVESTMENT ZONE BRAZOS COUNTY, TEXAS This Agreement entered into by and between the Brazos County, Texas, acting herein by and througb its County Judge and Commissioners' Court, hereinafter referred to as 'County," and Sanderson Farms, Inc., a Mississippi Corporation, hereinafter referred to as "Owner." WI'TNESSETH: The County, by Resolution duly adopted on _ 1995, created by Resolution, Reinvestment Zone ("Zone"), for commercial industrial Tax Abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Vernon's Texas Civil Statutes Annotated, Tax Code Chapter 312(1992). In order to provide for the proper development of such property and to aid in the conduct of the operation thereof to the best interest of the County, in accordance with the above referenced ordinances and statutes, the Parties do mutually agree as follows: 1. The property that is subject to this Agreement is the real property specifically described in the Exhibit A attached hereto and incorporated herein for all purposes„ together with all improvements, buildings, machinery, equipment, vehicles and other tangible personal property located thereon, such real property, together with all improvements, buildings, machinery, equipment, vehicles and other tangible personal property located thereon, being hereinafter referred to as the "Property." The Property will be used by the Company in a new enterprise for the manufacturing, processing and distribution of poultry products and other permissible products. The number, kind and location of the improvements, buildings and other tangible personal property located on the real property described in Exhibit A hereto is listed and described in Exhibit B hereto. 2 In consideration of Owner's installation of and improvements to the Property, which installation and improvements will be done in accordance with applicable building permits, and the Site Development Plan on file with the County (and as amended) which is incorporated herein by reference, the County agrees that, subject to the terms and conditions contained herein, the above described Property shall be entitled to an exemption from taxation as provided for in Section 11 of this Agreement for a period of ten (10) years, and that upon the expiration of such time this Agreement shall terminate. Owner aclmowledges and agrees that the purpose of County entering into this Agreement is to encourage development and redevelopment of the Property. 3. Owner agrees to build any and all improvements in accordance with all applicable laws, statutes, codes, rules, requirements or regulations of the Brazos County, VOL,- -.5 PAGE -0 ~ r EXHIBIT "A"• Texas, the State of Texas and the United States of America, and any subdivisions, agencies and authority thereoL 4. During the period of time when Owner is constructing improvements on the Property, and at all times thereafter during the term of this Agreement, Owner shall keep or cause others to keep the Property insured against loss or damage by fire or any other casualty. In the event all or a material portion of the Property is damaged by fire or any other casualty, if Owner pursues diligent completion of such damages in order to repair, remodel or renovate the Property in accordance with the Owner's purposes, then the exemption from taxation as provided for in this Agreement shall continue. Should the Owner decide not to repair, remodel or renovate the damaged Property, then the exemption from taxation as provided for in this Agreement shall cease and the Property will be taxed in accordance with applicable law and this Agreement. Within ninety (90) days of the date such damage to the Property occurs, Owner shall submit written notice of intent to the County setting forth the date Owner anticipates starting and completing the repair, remodeling or renovation of the damaged Property. 5. To the best of Onwees knowledge, no member of the County Commissioners Court has an interest in the Property and such Property is not owned or leased by any member of_the County Commissioners Court. 6. The County assumes no liability or responsibility for any installation of or improvements to the Property or for any defect to any structure constructed on the Property. The relationship between the County and the Owner at all times shall not be deemed a partnership or joint venture for the purposes of this Agreement or any other purpose. 7. At all reasonable times during the construction of and improvements to the Property, and following its completion, the County through its designees may inspect the Property in order to assure that all construction, workmanship, material and installations involved in or incident to the Property are performed in accordance with all applicable building permits, governmental regulations, laws and ordinances applicable thereto and to assure that the Property is being used by the Company in accordance with its intended use and as detailed in the site development plans and permits referred to in paragraph 2 above. At all times during this Agreement, upon S days written notice to the Owner, the Owner shall produce those financial records reasonably necessary for the County to verify the Owner's compliance with the terms of the Performance Agreement relative to salary base and total investment. Such inspection of the records will be done during normal business hours. & Owner agrees to pay all ad valorem taxes and assessments (except those exempted pursuant to this Agreement or otherwise) owed to the County prior to such taxes and/or assessments becoming delinquent; provided the Owner shall have the right to contest in good faith the validity or application of any such tax or assessment and shall not be considered in default hereunder so long as such contest is diligently pursued to completion. vo 2 PAGE -6-Q------- -7- - EXHIBIT 11W In the event that the Owner does contest such tax or assessment, it shall nevertheim promptly pay to the County prior to its becoming delinquent, all taus and assessments which it is not so contesting. If Owner undertakes any such contest, it stall notify County and keep County apprised of the status of such contest. Should Owner be unsuccessful in any such contest, Owner shall pay promptly the taxes, penalties and/or interest resulting therefrom. 9. In the event the Owner does not maintain the Property in good condition, reasonable wear and tear accepted, fails to use the Property for the purposes that are contemplated by this Agreement, allows the Property to become vacant, fails to pay non abated taxes in the manner required by law, fails to meet its obligations under the Performance Agreement dated May 1, 1995 between the County and the Owner or fails to repair, remodel or renovate any damage or destruction to the Property by any casualty, the County shall give Owner written notice of such failures. If Owner has not complied with or made satisfactory efforts to comply with these requirements within thirty (30) days of said written notice, County shall and does reserve the right to declare this Agreement void and shall to have the right to terminate the abatement given to Owner pursuant to this Agreement. 10. The County and the Owner agree that if the Owner does not diligently, faithfully and conscientiously pursue the completion of the contemplated construction on the Property, or in the event the Owner fails to comply with paragraph 9 hereof; the County shall have the right to renegotiate or terminate this Agreement, and Owner shall pay to the County the taxes that would have been paid to County had the taxes not been reduced under the terms of this Agreement, plus interest at the rate provided for delinquent taxes in accordance with Vemon's Texas Code Annotated, Tax Code, Section 33.01. Such payment of taxes and interest shall be due within thirty (30) days of County's termination of this Agreement and notification to Owner of the termination of this Agreement and of the amount of taxes and interest due. The taxes and interest are due and become delinquent and incur penalties and interests as provided by law for ad valorem taxes imposed by County if not paid before February 1 of the year following the date on which the termination of this Agreement occurs. 11. Owner will submit to the County the Certificate of Compliance attached hereto as Exhibit "C certifying that all construction on the Property has been completed in accordance with the Owner's plan for construction. After receipt such evidence, the County shall make a final inspection of the Property to determine that the Property has been installed, constructed or improved in compliance with this Agreement and upon such finding the County shall authorize the exemption from taxation to commence on January 1, 1996 and terminating after the Property has received ten (10) full calendar years of exemption as provided for in this Agreement. The exemption -from taxation provided for by this Agreement shall apply to the value of the Property over and above the value of the Property in the applicable base year (determined in accordance with applicable law) in the following amounts: VOL. -PAG i - T - _ r..._.,....._.......~.....~.,__._.,...,__,_ T i EXHIBIT "All- Value of Property Calendar Year to be abated 1996 0% 1997 95% 1998 95% 1999 95% 2000 95% 2001 95% 2002 95% 2003 90% 2004 90% The Chief Appraiser of the Brazos County Appraisal District shall annually determine (i) the taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement, and (ii) the full taxable value without Abatement of the real and personal property comprising the Property. The Chief Appraiser shall record both the abated taxable value and the full taxable value in the appraisal records. The full taxable value figure listed in the appraisal records shall be used to compute the amount of abated taxes that are required to be recaptured and paid in the event this Agreement is terminated in a manner that results in recapture. Each year the Owner shall furnish the Chief Appraiser with such information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified herein. The taxable value of the Project Site within the geographical boundaries of the County in 1995 is: S 12. Miscellaneous. a. Severabilit_v. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such Agreement shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there should be added automatically as part of this Agreement a provision that is similar in terms and substance to such deleted provision as may be possible and yet be legal, valid and enforceable. b. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in Brazos County, Texas. C. Sole Agreement. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter covered by this Agreement. 4 VO r _PAOE~~. op , EXHIBIT "All- d. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. C. Rigbts and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its rights to use any and all other legal remedies. Said rights and remedies are given to addition to any other rights the parties may have by law, statute, ordinance or otherwise. £ No Waiver. No waiver by the Owner or the County of any event of default, or breach of any covenant, condition or stipulation herein contained shall be treated as a waiver of any other covenant, condition or stipulation hereof. 9. Assignment. This Agreement may not be assigned by Owner. Additionally, a change in ownership, in a single transaction, of fifty plus one percent of the stock of the Owner shall be considered an assignment for purposes of this paragraph. An assignment as prohibited above shall cause this Agreement to terminate immediately and the exemption from taxation as' provided for herein shall cease. Such assignment shall, however, not be considered a violation of the Agreement so as to require the recapture of any taxes herein abated. h. Notices. Parties hereby designate the following individuals to receive any notices required to be submitted pursuant to the terms of this Agreement: To the County: Brazos County, County Judge, Post Office Box , Bryan, Texas 77805 To the Owner. Sanderson Farms, Inc., Mike Cockrell, Post Office Box 988, Laurel, MS 39441 The parties hereto have executed this Agreement, or caused it to be executed by its duly authorized officials, in multiple counterparts, each of equal dignity, as of the dates contained after the signatures of each party's representatives, said Agreement to become effective as of the later of the two dates that this Agreement is executed by the respective parties. BRAZ.OS COUNTY, TEXAS BY Alvin W. Jones, County Judge Executed on: s V0~-PAGEA3 ~ ,it EXHIBIT "All- &4NDERSON FARMS, INC B)r Joe F. Sanderson, Jr. Chief Executive Officer and President Executed on: (Attest) D. Michael Cockrell Chief Financial Officer and Treasurer Executed on: THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the day of _ 1995, by Alvin W. Jones, County Judge of Brazos County on behalf of said County Commissioners Court. Notary Public, State of Texas THE STATE OF MISSISSIPPI COUNTY OF This instrument was ackmowledged before me on this the day of _ 1995, by Joe. F. Sanderson, Jr, Chief Executive Officer and President of Sanderson Farms. Inc., a Ifisdsd* Corporation, on behalf of said corporation. Notary Public, State of Mississippi 6 VOL_PAGE U.£ N _ , - - - - - - - r--- -^r------- - EXHIBIT "k' DESCRIPTION FOR SANDERSON FARMS 350 ACRE TRACT STEPHEN F. AUSTIN LEAGUE NO. 9, A-62 AND THOMAS F. MCKINNEY LEAGUE, A-33 BRAZOS COUNTY, TEXAS Description of a 350 acre lot, tract, or parcel of land lying and being situated in the Stephen F. Austin League No. 9, A-62 (Austin League), and the Thomas F. McKinney League, A-33 (McKinney League), all in Brazos County, Texas, being part of the 1,354.13 acre tract called Tract 1 in that one certain Memorandum of Oil and Gas Lease executed by Jess D. Conte and wife Betty Jo Conlee, Donald N. Conlee and wife Kathryn Conlee, Douglas M. Conlee and wife Betsyanna Conlee, and WCS Oil and Gas Corporation dated December 8, 1990, and recorded in Volume 1232, Page 40, of the Official Records of said County, and said 1,354.13 acre tract being particularly described in that one certain Deed of Trust from Jess Conlee, and wife Florence Conlee to Henry B. Clay, Trustee, dated July 14, 1965, and recorded in Volume 118, page 177 of the Deed of Trust Records of said County, and said 350 acre tract being more particularly described as follows: COMMENCING at the beginning corner of said 1,354.13 acre tract, in said McKinney League; THENCE across said 1,354.13 acre tract, S 65° 05' 10' E, 6.876.47 feet to the east comer of said tract, in said Austin League; THENCE along the northeast line of said 1,354.13 acre tract, N 44.25' W, 2,600 feat to corner in Cottonwood Branch in said Austin League, and the PLACE OF BEGINNING; THENCE retracing said northeast line, S 44° 25' E, 2,600 feet to corner at said east corner of said 1,354.13 acre tract; THENCE along a southeast line of said 1,354.13 acre tract as follows: S 44' 19' W, 1,654.22 feet, and S 34° 11' W, 2,064.85 feet to corner at a southern corner of said tract, on or near the northeast line of the Isaac L. Jaques Survey, A-143 (Jaques Survey), in said County; THENCE along a southwest line of said 1,354.13 acre tract, N 45' 10'W, 3,041.09 feet to corner at a m-entrant corner of said tract, at or near a common corner of said Austin League and said Jaques Survey, on the southeast line of said McKinney League; THENCE prolonging said last-named course, within said McKinney League, N 45' 10' W. 3,050.00 feet to corner in said Cottonwood Branch; uaw-2 4( BUCKAKAKISOLNECKANC&M a EXHIBIT for Sanderson Farms 350 Acre Tract Stephen F. Austin League No. 9, A-62 and Thomas F. McKinney League. A-33 Brazos County, Texas Page 2 THENCE up said Cottonwood Branch with its meanders to the PLACE OF BEGINNING and containing 350 acres of land more or less. The basis of bearings for this description is State Highway No. 21 at and west of the beginning corner of said 1,354.13 acre tract bearing S 37° 44' W. Said 350 acre tract, but not these metes and bounds, is shown on a map prepared * the undersigned dated March 29, 1995. Prepared from records and maps; not surveyed on the ground GOT OF 4" . Bigham, RegWered Professional BERT E BI eyor No. 2696 r.9 9 esa %O l qq.S~ y ° "OM2 WMAWSOLIEWAMW PVft.~PAQ L F.)=rr SANDERSON FARMS, INC. Mnd._Niamber and Location of Proposed Pr RcM improvements for Pnxessheng Plant Processing Plant Building: 210,000 sq. ft., pre cast construction Fencing and landscaping Site improvements Ventilation Equipment, including air conditioners, heaters, humidifiers, etc. Generator set and related equipment Air Compressors Live haul shed and related equipment Deboning equipment Pickers, eviscerating equipment, vent machines, pumps and related processing equipment Poultry cut-up machines and related equipment Chiller and related pumps and equipment High pressure washer system Conveying system and related motors and equipment Overwrap equipment Deboning siring equipment lee maker, Ice Auger and related equipment Hot water system Refrigeration compressors, motors, condensers and related equipment Office furniture, fixtures, calculators, computer equipment and related equipment { vo PAO a E)GUBIT wW Paw harvesting building. equipment, pumps and related equipment Transfer conveyor Telephone and PA System Rolling stock, including distribution vehicles, pool cars, service vehicles Wastewater treatment facility and related equipment Total Estimated Cost: $45,000,000 9 VqA..r PA02. N EXHIBIT "Co CERTIFICATE OF COMPLIANCE AGREEMENT FOR DEVELAPMENT AND TAX ABATEMENT WITH SANDERSON FARMS, INC. IN REINVESTMENT ZONE NUMBER THREE QTY OF BRYAN, BRAZOS COUNTY, TEXAS TAX ABATEMENT, BRAZOS COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF BRAZOS Sanderson Farms, Inc., acting by and through its duly authorized representatives (the "Owner'), hereby certifies that the installation of improvements on the Property, as called for in the above referenced Agreement, has been completed and that all facilities and improvements have been constructed pursuant to said Agreement. Signed this _ day of , 1997. SANDERSON FARMS, INC By: Its: The above described improvements have been accepted by the Brazos County, Texas as having been constructed in compliance with the above referenced Agreement, and that pursuant to said Agreement the exemption from taxation shall commence on January 1, 1996 continuing through the year 2004, which will be the last year that the property will be entitled to exemption from taxation in accordance with this Agreement, and that the taxable value of the Premises for such period of time shall be the most current taxable value as 10 -JWr.wrsWrr.Wtr.....,,.,ar,...,.,►.~.u.r.r~ ~r . _ VO~pAGEIVfl F a appraised by the Brazos County Appraisal District for each year of the term of the Agmemem Signed this day of May, M. BRAZOS COUNTY, TEXAS By. Judge Alvin W. Jones, Court Judge 11 v0 PAGR AJI._ y PERFORMANCE AGREEMENT EXH[BIT W Gross salary base to be maintained by Sanderson Farms, Inc. (reference to Paragraph 2(b) of Agreement). Gross Sal= Base Gross Salary Base Measured on December 31st of these years: $ 2,000,000 1997 $ 5,000,000 1998 $ 10,000,000 1999 $ 10,000,000 2000 $ 15,000,000 2001 S 20,000,000 2002 S 20,000,000 2003 S 20,000,000 2004 $ 20,000,000 2005 $ 20,000,000 2006 7 +^CtlPP'4NI4i'~1~A•~^~">'~•~^~11RMINP'A.1~11 V nno.~w.~w~wuw.o.we F f ~..~,~~.iwniw.xnnw~n.niwixini.~ni.~nnwmm~~....~........~.~.T-.. . • BRAZOS COUNTY BRYAN, TEXAS SMOKING POLICY 1. SMOKING OF ANY TYPE OF TOBACCO PRODUCTS IN ANY COUNTY OWNED BUILDING OR LEASED FACILITY IS PROHIBITED. THE POLICY IS INCLUSIVE OF ALL AREAS AND NO DESIGNATED SPACE IS AUTHORIZED. VIOLATION OF THIS POLICY BY ANY EMPLOYEE OF THE COUNTY WILL CONSTITUTE GROUNDS FOR DISCIPLINARY ACTIONS AS DEEMED APPROPRIATE BY THE DEPARTMENT HEAD. SUBSEQUENT VIOLATIONS WILL BE GROUNDS FOR DISMISSAL. 2 SMOKING IN ANY VEHICLE OWNED OR LEASED BY THE COUNTY IS PROHIBITED. VIOLATION OF THE POLICY BY AN EMPLOYEE OF THE COUNTY WILL CONSTITUTE GROUNDS FOR DISCIPLINARY ACTION BY THE APPROPRIATE DEPARTMENT HEAD. SUBSEQUENT VIOLATIONS WELL BE GROUNDS FOR DISMISSAL. THIS ACTION IS TAKEN IN RECOGNITION OF THE HEALTH HAZARDS THAT ARE CREATED BY TOBACCO SMOKE PRODUCTS. IT IS THE RIGHT OF BRAZOS COUNTY CITIZENS TO ENTER ANY FACILITY OR VEHICLE OWNED BY THE COUNTY WrMOUT BEING EXPOSED TO A HEALTH HAZARD. April, 1995 VIOL S.PAGE 4 CONTRACT FOR SERVICES TRIG CONTRACT AND AGREEMENT is entered into by and between the parties shown as Contracting Parties. 1. CONTRACTING PARTIES: The Receiving Party: Brazos County Juvenile Services ("BCJS"). 300 East 26th Street. Suite 106. Bryan. Texas 77803 The Performing Parties: Desert Hills Center for Adults. Youths. and Families ("The Center"). 4201 Texas Avenue South. College Station. Texas 77845 II. STATEMENT OF SERVICES TO BE PERFORMED: A. Basic Services Agreement: The Center agrees to provide nursing services to the Brazos County Juvenile Detention Center operated by BCJS. 1. The Center agrees to provide sick call two times per week at the Detention Center operated by BCJS. The Center will assign one primary nurse to provide , this service with a back-up nurse available, if needed. While the actual time committed by the Center to provide these services will vary it should average around six hours per week. 2. The Center will provide telephone consultation Monday through Friday, twenty-four hours per day. While the average time committed by the Center will vary it should average 1.5 hours per week. 3. The Center will provide two hours per quarter of training to BCJS regarding medication usage and possible side effects. 4. The Center will provide twenty-four hour on call coverage for the weekends and holidays for phone calls or for a nurse to physically visit the Detention Center of BCJS. While the overtime will vary it is anticipated that on average there will be six hours per month for such calls. s r h Page 1 of 4 VOL, a. III. BASIS FOR PAYMENT: A. BCJS agrees to make payment to The Center, at a monthly rate of $400.00 or $4800 annually. B. In addition, BCJS agrees to pay $35 per hour for phone calls and visits on weekends and holidays. This cost will vary depending on usage. IV. TERMINATION: The Center and BCJS agree that, upon thirty (30) days written notice to the other party to this contract, either party may terminate this contract without cause. The thirty days shall be calculated from the day the notified party receives the written notification. V. INTEGRATION CLAUSE: This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this contract, and contains all of the covenants and agreements between the parties with respect to the subject matter. Each party to this contract acknowledges that no representations, inducements, promises, or agreements orally otherwise, have been made by any party, or anyone acting on behalf of any party, that are not set forth in this contract, and that no agreement, statement, or promise not contained in this contract shall be valid or binding. VI. PARTIAL INVALIDITY: If any term or provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. VII. NOTICE: Any notice provided for under the terms of this contract by either party to the other shall be in writing and may be effected by personal delivery or registered or certified mail, return receipt requested. Notice to BCJS shall be sufficient if made or addressed to 300 East 26th Street, Suite 106, Bryan, Texas 77803. Notice to The Center shall be sufficient if made or addressed to 4201 Texas Avenue South, College Station, Texas 77845. Each party may change the address at which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Paragraph. Page 2 of 4 VOL _PAGE al.-.5- r __-r.-..^-._ _ "---,7- - VIII. FORCE MAZZU S: In the event that performance by The Center of any of their obligations under the terms of this agreement shall be interrupted or delayed by an act of God, by acts of war, riot, or civil commotion, by an act of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the parties hereto, they shall be excused from such performance for such period of time as is reasonably necessary after such occurrence abates for the effects thereof to have dissipated. IZ. CHOICE OF LAW: This agreement shall be governed by and construed in accordance with the laws of the State of Texas. Z. VENUE: The obligations and undertakings of each of the parties to this agreement shall be performed in Brazos County, Texas. XI. ATTORNEY FEES: If any legal action is brought by either of the parties hereto, it is expressly agreed that the prevailing party in such legal action shall be entitled to recover from the other party reasonable attorney's fees in addition to any other relief that may be awarded. For the purposes of this clause, the prevailing party is the party in whose favor final judgment is entered. In the event that declaratory or injunctive relief alone is granted, the court may determine which, if either, of the parties shall be considered to be the prevailing party. The amount of reasonable attorney's fees shall be determined by the court, in the trial of such action or in a separate action brought for that purpose. Attorney's fees awarded under the provisions of this paragraph shall be in addition to any other relief that may be awarded. ZII. INTEREST: Interest will accrue on all sums due or found to be due under this contract at the rate of the lesser of 18% interest per annum or the highest rate allowed by law. If judgment.shall be rendered on a suit brought under this contract, interest shall accrue on such judgment, until such judgment is satisfied, at the rate of the lesser of 18% per annum or the highest rate allowed by law. ,10' Page 3 of 4 'WO--S _pppE 4aft =III.TZRXS of CONTRACT: This contract is to begin may 1, 1995 and shall terminate September 30, 1995. RECEIVING PARTY PERFORMING PARTIES Brazos County Juvenii Services Desert Hills Center for (Name of Party) Adults. Youth and Families (Name of Party) I By By: Name,.- Alvin WR' annas Name: Da A, 44p Title: Brazos Co. Judge Title: G.~a. DATE: _May 1. 1995 r DATE: _ may-'. 1.995 I Page 4 of 4 VOL PAD E, 2.4 7w 4 r IN THE COMUSSIONERS COURT OF BRAZOS COUNTY, TEXAS WHEREAS, H.B. 66, effective October 1, 1991, provides for an iarxrrase is dtia jinisdicam of all atstutory county courts in Texas, including the County Onft at Law of Brazos County; and WHEREAS, H.B. 66, provides a mechanism for judicial salary supplementation by the State of Texas to the County through the collection for a twelve month period of a $MA0 civil filing fee and a $10.00 cost for certain criminal convictions, other than a conviction arising under any law that regulates pedestrians or the parking of a motor vehicle; and WHEREAS, H.B. 66 requires adoption of a resolution by Commissioners Court to collect such fees and cost; and W EREAS, the Commissioners Court of Brazos County Texas has previously adopted resolutions authorizing the Clerks of the County Courts at Law of Brazos County, Texas to collect such fees and costs for a period of twelve months beginning July 1, 1992 and July 1, 1993 and July 1, 1994; and W]MREAS, H.B. 66 requires annual recertification for the collection to such fees and costa for the next twelve-month period, it is THEREFORE., RESOLVED by the Commissioners Court of Brazos County, Texas that the Clerks of the County Courts at Law of Brazos County, Texas, shall, pursuant to H.B. 66, collect the civil fees and criminal costs authorized by H.B. 66 for a period of twelve months, beginning July 1, 1995; and be it FURTHER RESOLVED that a certified copy of this resolution be filed with the Comptroller of Public Accounts of the State of Texas not later than June 1, 1995. The foregoing resolution having been adopted by the Commissioners Court of Brazos Canty, Texas on the 2 4 t h day of Ap r i 1 . 1995, witness our signatnues hereto as set out below. AL W. JONES, County Judge C a j;'. P k- , 6_1 SANDIE WALkEl~ Pct. 2 U. CAPLEV &MU-iowra CAREy 4 VOL S PAGE L STATE OF TEXAS COUNTY OF RRA7.ns BEFORE ME, the undersigned authority, this day personally appeared RTFVR R MITH , to me well known and who, after being duly sworn, did depose and say, "I meet the eligibility requirements listed below for a statutory county court judge and therefore 8R17OS county is entitled to receive the state contribution as authorized by V.T.C.A., Government Code Sec. 51.702." ELIGIBMM REQUIREMENTS: 1. Does not engage in the private practice of law; 2. presides over a court with at least the jurisdiction provided by Section 25.0003; and, 3. except as provided by Section 25.0005(4), is not excluded from the application of Section 25.0003 or Section 25.0005. "I further state'tltat if there is any change in my eligibility during the current state fiscal year. I shall promptly notify the Comptroller of Public Accounts of the change and the effective date on which the change oo=red." County Court at Law Judge Sworn to and subscribed before me this day of MAY 195 801p1►MOl1TBMY~Op ONI ~1 M VJII • liafafYpi~e,StdsdTom yro,,,.ro.ttMrKtana Notary Public I U11 , VO~~ PAOE 3 3Z STATE OF TEXAS COUNTY OF Bra? n S BEFORE ME, the undersigned authority, this day pff30ftallY appeal o*-a an , to we well known and who, after being duly sworn, did depose and say, "I meet the eligibility requirements listed below for a statutory county court judge and therefore Mmzo s &unty is entitled to receive the state contribution as authorized by V.T.C.A., Government Code Soc. 51.702." ELIGIBILITY REQUIREMENTS: 1. Does not engage in the private practice of law; 2. presides over a court with at least the jurisdiction provided by Section 25.0003: and, 3. except as provided by Section 25.0005(d), is not excluded from the application of Section 25.0003 or Section 25.0005. "I further state that if there is any change in my eligibility during the current state fiscal year, I shall promptly notify the Comptroller of Public Accounts of the change and the effective date on which the change occurred." County Count at La udge Sworn to and subscribed before we this day d~ 19 DAME MOORE paw pAk to slim JV 0MMk a f*M I.16V Notary ,I VO PAQE.3U.Q. 4 s