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HomeMy WebLinkAbout1995-07-31-0900AM-RegularU J i - l l i ti i a 95 JUL 2 7 AH 11: 3 9 CLERK BRA ' MA COUNT , BRAZOS COUNTY r;N. 7Xt. BRYAN. TEXAS BY PU f Y AGENDA BRAZOS COUNTY COMMISSIONERS COURT MEETING • • r • i i i k 's r I i s F , r+ t THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON MONDAY, JULY 31, 1995 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 Cauley. 2. Pledge of Allegiance - Commissioner Cauley. 3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens wishing to address the Court on county-related issues not scheduled on the agenda. Please limit subject matters to five minutes. The Commissioners will receive the information, conduct research into the matter, and/or place the matter on a future agenda for discussion. (A recording Is made of the meeting; therefore, please give your name and address for the record.) Consider and take action on agenda items 4 - 20: 4. Personnel Change of Status. 5. Payment of claims. 6. Posting of speed limits on Deer Run Drive and Deerfield Subdivision in Precinct 3, in accordance with Public Hearing conducted July 24, 1995. 7. Tax Resale Deed and authorization for County Judge to execute deed for Lot 27, West Side #2 Subdivision, City of Bryan, to Walter Johnson. 8. Modification of existing design contract with Emmett Trant and Associates to reflect change of business name to Ravey and Associates. 9. Payment of in-county mileage for 1993 and 1994 for employee of Justice of the Peace, Precinct 1. 10. Request from Wickson Creek Special Utility District for a road bore in the right-of-way of High Lonesome Road (in Pecan Valley Subdivision) approximately 600' from its intersection with Nunn Jones Road. Site is located in Precinct 3. 11. Approval of Final Plat of Nantucket Phase Five, 19.02 acre tract, Sterret D. Smith League, Abstract 210, Brazos County. Site is located in Precinct 1. 12. Approval of the Preliminary Plat of Lots 1-6, Block One Myma's Cove, 21.56 acres, J. Hope League, A-24, Brazos County. Site is located in Precinct 1. VOL r t ,I • 1 r I E 6: f f 5 i Commissioners Court Meeting Agenda, Monday, July 31, 1995 ?age Two 13. Approval of the Final Plat of Creekridge Estates, Phase Two, a private subdivision, 93.739 acres, W. L. Millican Survey, A-174, Brazos County. Site is located in Precinct 1. 14. Request from Road & Bridge to enter Raymond Fickey's property located off Fickey Road for the purpose of installing a dry hydrant off Sand Creek Road (approximately 200 yds. east of Fickey Road) for the health, safety and welfare of the general public. Site is located in Precinct 2. 15. Request from Road & Bridge to enter Mike Mahoney's property located off Hardy Weedon Road for the purpose of Installing a dry hydrant for the health, safety and welfare of the general public. Site is located in Precinct 3. 16. Request from Road & Bridge to enter Paul Patranella's property located off Dilly Shaw Tap Road for the purpose of re-shaping ditch to promote proper drainage for the health, safety and welfare of the general public. Site is located in Precinct 2. 17. Amendment to the contract between Brazos County and Bryan-College Station Economic Development Corporation for funding for fiscal year 1995. 18. Contract between Brazos-County, Brazos Valley Development Council, and the Bryan- College Station Economic Development Corporation for funding for a revolving loan fund. 19. Award of Bid No. 95-007, Microfilm & Film-to-Optical Conversion Services. 20. Award of Bid No. 95-014, Annual Contract for Janitorial Supplies. 21. Call for citizen input and/or concerns. 22. Adjourn. 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 arrangements, call (409) 361-4102. + 1 4 : PAGE-7-PA, VOL t 1 F 4 r S F i• i S i i t 4 i G E s t r P• COMMISSIONERS' COURT t REGULAR MEETING JULY 31, 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, July 31, 1995, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1, Absent; 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 Susan Gandy Bea Green John Reynolds Cheryl Turney Kay Hamilton Richard Vance Bobby Riggs Ray Crow Marijane Deen Edwin Dobbins Wes Hall Don Garrett Ron Cline R. A. McDaniel Jeff Dickey Executive Assistant Secretary to County Judge Secretary to Commissioners Auditor Auditor's Office Treasurer County Engineer Sheriff Road & Bridge CNS Maintenance Justice of the Peace Pct. 7-2 Garrett Engineering GSI GRS GRS Commissioner Cauley gave the invocation and led the pledge of allegiance. There was no citizen input and/or concerns. The Court proceeded to consider the change of status of the following employees. NAME Keathly, Stephen Bonfazi Elizabeth Garcia, Loretta Young, Terry D. Lyon, John R. Calvin, Laurie Matthews, Charla Batten, Madlyn DEPARTMENT District Attorney JP 7-2 JP 4-2 Road & Bridge Sheriff Office 361st Dist Court 361st Dist Court JP 7-2 REASON New Employee Resignation Resignation Termination S Inc/Title Ch Sal Increase Sal Increase Transfer Commissioner Sims moved to approve the change of status as submitted. Commissioner Cauley seconded the motion. Commissioners Sims, Cauley and the County Judge voted "Aye". VOL, PAGE-' Commissioners Court meeting July 31, 1995 Commissioner Walker voted "No" whereupon the county Judge announced the motion carried. The Court next considered the following Claims as submitted by the County Treasurer for payment: 95-02534 through 95-02729 on motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to post a speed limit of 40 mph on Deer Run Drive and in the Deerfield Subdivision in Precinct 3. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to the following individual: Walter Johnson - Lot 27, West Side # Subdivision, City of Bryan, Brazos County, Texas The Court next considered modification of an existing design contract with Emmett Trant and Associated to reflect a change of business name to Ravey and Associates. Emmett Trant's professional retirement was effective on April 21, 1995. His associate B. R. Ravey assumed responsibility for all work. On motion by the County Judge, seconded by f Commissioner Walker, the Court voted unanimously to modify the F existing original design contract to reflect a name change from Emmett Trant and Associates to Ravey and Associates. The County Judge moved to deny the payment of county mileage for 1993 and 1994 to an employee of Justice of the ! Peace Precinct 1. Commissioner Walker seconded the motion. Commissioners Norton, Walker and Sims voted "Aye". Commis- sioner Cauley voted "No". The motion carried. The Court next considered the request from Wickson Creek Special Utility District for a road bore in the right-of-way j~ of High Lonesome Road approximately 600 feet from its VOL c 7{ r J'. M• Commissioners Court meeting July 31, 1995 • 01 401 7 1 i, 4 J Y intersection with Nunn Jones Road. The site is located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Sims, seconded by Commissioner Walker, the Court voted unanimously to approve the request of Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of Nantucket Phase Five. Richard Vance, County Engineer, stated that he had reviewed the plat and it was merely a name change from Harpers Ferry Court to Harpers Ferry Road. On motion by Commissioner Sims, seconded by Commissioner Walker, the Court unanimously approved the final plat of Nantucket Phase Five as submitted. The Court next considered approval of the Preliminary Plat of Lots 1-6, Block One Myrna's Cove in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and recommended approval. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court unanimously approved the preliminary plat of Lots 1-6, Block One Myrna's Cove as submitted. The Court next considered approval of the Final Plat Creekridge Estates Phase Two, a private subdivision in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and it appeared to be in order. He explained that this was a reserved tract that was being developed. On motion by Commissioner Walker, seconded by Commissioner Sims, the Court unanimously approved the final plat of Creekridge Estates Phase•Two, a Private Subdivision as submitted. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Raymond Fickey on Fickey Road to install 'a dry hydrant off Sand Creek Road ..T~S~ VOL S PAGE ti I ~ f t Commissioners Court meeting July 31, 1995 (approximately 200 yards east of Fickey Road). The site is in Precinct 2. On motion by Commissioner Walker, seconded by commissioner Sims, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested h permission to enter the private property of Mike Mahoney on Hardy Weedon Road to install a dry hydrant. The site is in Precinct 3. On motion by Commissioner Walker, seconded by Commissioner Sims, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Paul Patranella on Dilly Shaw Tap Road in Precinct 2 in order to reshape a ditch to promote proper drainage. On motion by Commissioner Walker, seconded by Commissioner Sims, the Court voted unanimously to authorize the work. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Bryan- College Station Joint Economic Development Corporation. The EDC will promote and facilitate activities that enhance the economic base of Brazos County through attraction, creation, expansion and retention of business and industry, focusing on value added local resources and manufacturing. The cost to Brazos County will be $200,000.00., The contract will renew automatically subject to the county's right to change the funded amounts each year, unless upon thirty (30) days written notice by either party. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the EDC. A copy of the contractual agreement is attached hereto. The next matter before the Court was approval of a vO .FAQF, ' ~i i I I ti. • i a 3 G a { 01 Y tfF 4 i to p F r a 9 } F Commissioners Court meeting July 31, 1995 Contractual Agreement between Brazos County, the Bryan-College Station Joint Economic Development Corporation and the Brazos Valley Development Council (BVDC) to set up a Revolving Loan Fund to provide loans to small businesses that qualify. The BVDC will grant loans only to those businesses or persons.that qualify under the guidelines established by the federal grant and the business development strategy plan for the Brazos Valley Development Council region. The term of this contract is for three (3) years commencing on the date July 31, 1995 and ending on December 31, 1997. The County will pay $16,666.66 in each year of this contract for a total of $50,000.00 for use as part of the funds comprising the Revolving Loan Fund. On motion by Commissioner Sims, seconded by Commissioner Walker, the Court voted unanimously to enter into contractual agreement with the EDC and the BVDC. A copy of the contractual agreement is attached hereto. On motion by Commissioner Walker, seconded by Commissioner Sims, the Court voted unanimously to table consideration of Bid No. 95-007, Microfilm & Film to Optical Conversion services to allow time for additional study. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to table consideration of Bid No. 95-014, Annual Contract for Janitorial Supplies as requested by the Purchasing Agent. The County Judge reminded everyone of the continuation of the budget schedule. This date, beginning at 10:00 a.m. the Court would discuss those budgets not previously considered. At 1:30 p.m on August 1, 1995, the Court will discuss the budget of the County Law Library with Mr. Jerry Brown. There being no further business to come before the Court, the meeting was adjourned. f VO PmE..70L,'. 1,. The foregoing minutes of the Commissioners Court meeting held July 31, 1995 have been examined and are approved in open Court this the 30th day of April 19 96 , in Bryan, Brazos County, Texas. 0--~ A v . Jon County Judge cq~:O - Sandie alker Commissi cus,,/Precinct 2 Gary N pgttr/ Commi s o Precinct 1 andy Si Os Commis over, Precinct 3 / 00 Ca ey Ca e , Mary A n Ward Commissi ner, Preci c 4 County Clerk t i VO..PAGE:..M.,,._, , • • 0 1 F t BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM e W DEPARTMENT Road and Bridge NUMBER 2040 REGULAR XX SPECIAL _ i ! DATE OF COURT MEETING: • 07/31/95 ITEM: Request from Wickson Creek Special Utility District for a road gore in the right- of-way of High Lonesome Road (in Pecan Valley Subdivision) approximately 600' ,f ' from its Intersection with Nunn Jones Road. Site is located in Precinct 3. t ' Y i SOURCE OF FUNDS: N/A _ 1. PRESENTATION: A) No work will be permitted between from slope and/or back slope. - B) The line shall be installed within 3-5' of and parallel to the right-of-way : line. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees ! etc. from County right-of-way. D) Ditch line shall be compacted to 900% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent Geotechnical testing firm; copies of all test results shall be furnished to the office of the E Brazos County Engineer. E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. II. ACTION REQUESTED OR ALTERNATIVES: I E BY: f 7 ichard F. Vance, P.E. County Engineer CC95-104 APP Commissio Randy Sims Precinct Approved in Commissioners' Court Date: 7 / 31-Iqc- Alvin W. Jones, C16unty Judge ...29.._ VOL PAGE /REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Format notice Is hereby given that (applicant) Wickson Creek, S.U.D. proposes to place a (type) waterl line A"lh'e right-of-way of (road), Hi- Lonesome Dr. In Brazos County, Texas as follows: . Pecan V4l1ey 54 The location`br description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that they might be on hand to designate the actual location of the installation. 2. That all damage to the roadways and right-of-ways will be repaired to their original condition to the satisfaction of the County Engineer. 3. That Brazos County reserves the right to require Applicant to relocate or lower ariy such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. That Brazos County is in no way responsible for any damage that might occur to any existing utility lines in the right-of-way. 5. That the line will be constructed and maintained on the County right-of- way in accordance with governing laws. 6. That the line or lines will be constructed no less than forty-eight inches (48") lower than the center of the roadway whether there Is, or is not, a borrow ditch. 7. That all sites will be barricaded during the construction period. Construction of this line will begin on or after (date) 24thday of July , 19 95 . Firm: Wickson Creek S.U D. By: Kent Watson Title: General Manager Address: P. 0. Box 4756 Bryan, Texas 77805 Phone: 409-778-683T- APPROVED BY COMMISSIONERS COURT ON: Date ' I Alvin'W. Jones County Judge D e 'VS .vorEO VO PAG F„.,. THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL F9 LJ v N • ~ h 1 ~ f 1 r i 3? 4O f F . r ~ ct, s u" r - 0 r r, cot 5 , i { , r IA f iao p , t Pt , r { p i' o r ► ,4 '-1511.,004 Boce- ' or\ n'~n+ Qncfas ~r~A ~ • e,c( DyC, P.I wafer 1 ina.. r 3?4 r 1 ' ~ l~uon¢,~5}wr1~ ; ropccfi~ , Y s` tae 3740 ~i Lone;l~vn~ y .i g. 'y x e, Y6 1 4.• .1 ICI 4 f,• 7~ f r t . f• , . . , arm s,.+x f!,•;n•4►).*Yf^tat'1!'~'f1~i"S:i"1~f(t•.'*.~t~1'r`J. ,;l"i r h I f i BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 2040 , REGULAR XX SPECIAL DATE OF COURT MEETING: 07/31/95 ITEM: Fleguest from Road & Bridge to enter Raymond Fickey's pronerty located off Fickey Road for the pumose of installing a Dry. Hydrant off Sand Creek Road (approximately 200 yds. east of Fickey Road) for the health, safety and welfare of the general public. Site is located in Precinct 2. SOURCE OF FUNDS: N/A 1. EXCEPTION(S)/COMMENT(S): S MITTED BY. 1 -Z Richard F. Vance, P.E. County Engineer CC95-107 APPR V~D BY: f 1-4 Cal - ti CommAio Sandie Walker Precinct 2 Approved in Commissioners' Court Date: y/3., I4f Alvin W. Jones, 05unty Judge 1 r 1 VOL - - sir ■~~~~i~w aei ~ w~~nwwre•o ~>c~+~ mac 01 ~J i OF 6 r" O L~1 U 1 a~ C6 g ' 9D'O 't !RIDGE Ov'a` Aivm W. Jones County Judge Gary Norton Commissioner Pct 1 Sandie Walker Commissioner Pct 2 Randy Sims Commissioner Pct 3 Carey Cauley Commissioner Pct 4 3 r ,i s t r G c I' r FF 4 `r 4 r t t I i BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM r .j 1. LAND OWNER AND ADDRESS 3 ~ II. LOCATION OF WORK Date u ti' III. DESCRIPTION OF WORK TO BE DONE -x do lk6fr s: - V Z IV. MAINTENANCE YES G~ NO IF YES, ESTIMATED FREQUENCY OF MAINTENANCE 1-r- 4,eTes.!;gge ; (0 ner will be not' iiod prior to mil^tnA,-- ` i Richard F. Vance, P.E. C E. (Ed) Iverson County Engineer Engineering Aide OWNER'S SIGNA RE I DATE J PAGE #744! it j, ti.~ .•J- _s _ ~ l.s. ~~..n~.`+✓...Jl •.•,YJ.L - - - ~~+.~+.u....r.wr,. ..+-.•~L~a0....aa.i/.a►aw..+~.u.~-{,..I<.n•.Wwu.r...-.r.. r.uraa..r+r.~< BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 2040 REGULAR XXX SPECIAL _ DATE OF COURT MEETING: 07/31/95 ITEM: Bequest from Road 8 Bridge to enter Mike Mahoney's property located Of Hardy Weedon Road for the purpose of installing a Dry Hydrant for the health, safety and welfare of the general public. Site is located in Precinct 3. SOURCE OF FUNDS: N/A 1. EXCEPTION(SYCOMMENT(S): SUBMITTED BY: 2V 7 Richard F. Vance, P.E. County Engineer CC95-108 a APP ED BY. Commissio r Randy Sims Precinct Approved in Commissioners' Court Date: 7 /3/ Aq Alvin W. Jones, t3Xunty Judge 1 r VOL PAGE r 1 f • I ' ~1 v B9 _ J BRAZOS COUNTY PRIVATE PROPERYY ACCESS PERMISSION FORM • Alvin W. Jones County Judge Gary Norton Commissioner Pct 1 t Sandie Walker Commission@(Pct 2 Randy Sims Commissioner Pd 3 Carey Cauley Commissioner Pct 4 Date 6 Z3 - I-s I, LANDOWNER AND ADDRESS /`l/,~Lc /~IAi~,✓~~y P, o, a~~SZ~Z 1 II. LOCATION OF WORK fDy G~~D~7ilI ~D ToF OF l~1 k-37 /x7- r-Z~-,ES7- ZhAeC-5 III. DESCRIPTION OF WORK TO BE DONE Dry Hydrant Installation { IV. MAINTENANCE YES X NO IF YES, ESTIMATED FREQUENCY OF MAINTENANCE Only if necessary to maintain operation of dry hydrant. r. (Owner ill b tified prior to maintenance) RI hard F. Vance, P.E. C E. (Ed) Iverson i County Engineer Engineering Aide OWNER'S SIGNATURE fl<,t-~ •~C-~Ohc:i 1 DATE ,-Z3- y_s VOA pAG~..~. r BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 2040 REGULAR XX SPECIAL _ DATE OF COURT MEETING: 07/31/95 ITEM: Request from Road & Bridge to enter Paul Patranella's property located off Dill} Shaw Tap Road for the pumose of re-shaping ditch to promote proper drainage for the health, safety and welfare of the general public. Site is located in Precinct 2. r F SOURCE OF FUNDS: N/A i k . r' i, I. EXCEPTION(S)/COMMENT(S): SUBMITTE, BY: I Richard F. Vance, P.E. County Engineer CC95-109 APP ED BY:., Commissio r 'Sandie Walk Precinct 2 Approved In Commissioners' Court Date: Alvin W. Jones, 66unty Judge r V0_ PAGEE,-~/A r f.: O C) g- 9~'0 a ertt°GE °Ef, RJ Hdngreen County Judge Gary Norton Precinct I Wallets WdWi Preancl 2 { r i 1 i l 7 Date 7_ z RandySms BRAZOS COUNTY Preow3 PRIVATE PROPERTY ACCESS A,411onrurner PERMISSION FORM Preunct t 1. LAND OWNER AND ADDRESS 111 II. LOCATION OF WORK p,//, Sir.,.. T102 III, DESCRIPTION OF WORK TO BE DONE Ve. - r., 46 tell 02p- A I-A IV. MAINTENANCE YES NO i/ IF YES, ESTIMATED FREQUENCY OF MAINTENANCE r.7 (Owner will be notified prior to maintenance) 'Xichard F. Vance, P.E. C.E. (Ed) Iverson County Engineer Engineering Aide OWNER'S SIGNATU GATE 7. 2 I- ti ♦ r vnu S7--PAGE f r - II' r • i , AMENDMENT TO CONTRACT BY AND BETWEEN THE COUNTY OF BRAZOS AND BRYAN-COLLEGE STATION JOINT ECONOMIC DEVELOPMENT CORPORATION FOR FISCAL YEAR 1995 OCTOBER 1, 1994 - SEPTEMBER 30,199S THIS AMENDMENT is made and entered into this 31st of July, 1995, by and between Brazos County (hereinafter referred to as "County"), and the Bryan-College Station Economic Development Corporation, a Texas Non-Profit Corporation (hereinafter referred to as "EDC"). WHEREAS, the County and EDC entered into a contract for the funding of the development and promotional efforts by the EDC of the County dated Dc r. / 1994 for fiscal year 1995 (herein the "Contract"); and WHEREAS, during such fiscal year the EDC greatly expanded its marketing plan and secured for the local area a number of prospects; and WHEREAS, as a result of these efforts the EDC needs additional money for the 1995 fiscal year; and WHEREAS, the County has agreed to increase its annual contribution for fiscal year 1995 only to aid the EDC in securing such prospects; and WHEREAS, the parties hereto wish to amend the Contract to provide for such - additional monies. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the mutual covenants and provisions hereafter set forth, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Contract as follows: 1. The County shall increase its funding of the EDC for the fiscalyear 1995 by the sum of $200,000, payable as determined by the Commissioners Court, in its sole discretion (herein "Additional Monies"). G . 2. These Additional Monies shall be utilized for the purposes set forth on Exhibit "A" in any manner determined by the EDC, in its sole discretion; I provided however, such funds must be utilized within the geographical boundaries of Brazos County, Texas. 3. The County shall have the right to terminate this Agreement in whole or i i in part if it determines that the EDC has failed to comply with the terms and conditions hereof. Should the County terminate this Agreement it shall be t v VOL-~PAQR- 7/6P. r• a entitled to the return of any monies granted to the EDC hereunder but not spent or pledged prior to such notice of termination. ` 4. In the event any of the Additional Monies are spent by the EDC for economic incentives to specific and identifiable development prospects, including but not limited to Sanderson Farms, Inc. and Conoco, Inc., and such ' economic incentives are returned to the EDC as a result of the failure by such third party development prospects to comply with the terms and conditions of the contract by which these economic incentives were granted, such Additional Monies shall either (i) be applied towards future years contributions of the County, the EDC hereby acknowledging that in such event it will not seek, expect, or budget for future funding of the EDC by the County at prior years' levels or (ii) be returned to the County, at the County's sole option. 5. This Contract shall renew automatically subject to the County's right to change the funded amounts each year, unless upon thirty (30) days written notice by either party, this Agreement is cancelled. In all other terms, conditions, and respects the Contract is hereby confirmed, ratified, a and reaffirated. BRAZOSCOUNTY By: ( Alvin . Jones, Coun udge Y • rI t BRYAN-COLLEGE STATION g ECONOMIC DEVELOPMENT CORPQRATION By: r Mervin Peters, President r, L~•I VO ~PAGIE-_114? r,p THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the j&day of July, 1995, by Alvin W. Jones, as Judge of the County of Brazos, on behalf said corporation. 1 2 JANE MOORE N*7 Pubk sw, ot Notary blic, Sta of Te h' aDfO°'~0A 1.16 9] Printed Name: E r My commission expires: /6 THE STATE OF TEXAS ¢ COUNTY OF BRAZOS $ This instrument was acknowledged before me on this the (hday of July, 1995, by Mervin Peters, President of Bryan-College Station Economic Development Corporation, a Texas Non-Profit Corporation, on behalf of said corporation. bUW&J MCt,CA UA&VVI Notary Pub Sate of Texas Nobly t Printed Name: ~XW I k ~tDrd e t'S '41 19Gj grv=APRIL5INO My commission expires: n PAO 7Z y i ~Y f ` •I 01 EXHIBIT "A" B R Y A N/C O L L WES TA T IO N EWNOMIC DMIMOPMENT CORPORATION NIAPJXMG PLAN The mission of the Bryan/College Station Economic Development Corporation is to promote and facilitate activities that affianoe the a wanie base of Brazos County. 1, THE (XKT The goal of the Bryan/College Station Economic Development Corporation is to promote and facilitate activities that c*,ance and apnd the economic base of Brazos County through attraction, creation, expansion and retention of business and irwhntry, foccuing on value added to local resources and 1 i 1. Promote quality of life and cotmminity assets such as TAW, Blum College, schools, park3, cost oliving, work force and location as the primary reasons for industry location and esxpws i 2. Expand -ft local economic base by identifying and attracting business and industry that are compatible with community expectations and available r=urces. y 3. Work with all entities interested in promoting eoawmic growth for the Brazos Valley area x - * Priority consideration will be given to target rnarkd groups in the following M 1) Manufacnaing distn'bution and valu"dded to agdcultum 2) Recycling 3) Haigh value savior . r• • Seoondary consideration will be given to businesses not in the target marleet. F r Page 1 of 7 S PAaE.Z&!; vnt I r f F t i Page 2 of 7V0" 67- pAGE'.-•~+ r 1 _ .a Page 2 EXHIBIT "A" 3. Develop eomnatity cooperation, eonfidenoe, strategies, skills and economic developtnart tools, including, but not limited to: • Fitcrptise Zmie • Foreign Trade Zone • Revolving Loan Fund • Cost of Living Survey • Economic Developm mt Fund • Abandoned Industrial Properties • Economic Development Ref== Ii'braty • Local Business Fxpansionns, Rdentions & Start-ups The tactical plan for the Economic Development Corporation is to identify, rose rd; and develop suitable business and industry targets for creation and new capital iuvestlnent for the area, and to respond to and follow up on all prospect leads. 1. Foster EDC Board irrvolveme itt by including members in prospect activity, marketing efforts, information gathering and other activities as approved or directed by Board action. 2. Develop broad based community involvement and support. 3. Establish and maintain worldrng relationships with other key local, state and national resources. 4. Work with available resources to develop appropriate response materials, videos and od= support marketing aids as directed by the Board 5. Participate in appropriate targeted indrustry confererwes and trade shows that will enhance prospect activity to include but not be limited to: • Manufacturing + Agriculture IrAstry • Distribution Industry • 0 F r i 1 i I F /11_~ EXHIBIT "A" FY 199S GOALS & OBJECTIVES ADMINISTRATIVE, OPERATIONAL & MARKETING 'Continue to foster EDC Board involvement by including members in prospect activity, marketing efforts, trade shows, speeches, fund raising, information gathering and other activities as directed by the Board. 'Encourage broad based community involvement and support through continuing education, committee work and special EDC Board projects. "Facilitate working relationships with key local, state and national resources by remaining current on all issues regarding changes and trends in all area affecting economic development. 'Continue to develop, update and improve appropriate response materials, videos, and other support marketing aids as. directed by Board action. 'Participate in appropriate targeted industry conferences, trade shows and direct mailings that will enhance prospect activity to include but not be limited to: • Medical equipment manufacturers, pharmaceutical manufacturers and international medical distributors through FIRSTMARIC, INC. of Newton Center, Maine, for direct mail marketing. • Identify select distribution companies for contact through the Economic Research Council publication, 'The Fastest Growing Divisions of the Largest Companies". • Support Chamber of Commerce Convention and Visitors Bureau in its efforts to promote retirees for the area. • Continue efforts to develop value added for Brazos Valley agriculture by promoting a cotton textile mill, poultry and other food processing companies and distribution companies. • Recruit California companies to the area by attending at least one Trends 2000 trade shows in FY 95. • Cooperate with TMPA in its present advertising campaign in Area Development Magazine. • Work with industrial relocation consultants to develop quality prospects for the area. 4 + r • Utilize Texas A&M University professionals and student interns to develop selected marketing and feasibility studies. v •Y page 4 of 7 j VOL S --PAGE A-44 y ~ ' ` - - - _ ' - i.:.y -RAl a S•'~C)• `y{ ~ IZt . ' u Glr.~ • i J EXHIBIT 'W' *Work with Texas A&M University and the Brazos Valley Technology Alliance Association in the enhancement of technology transfer. 'Complete Enterprise Zone application for state approval and assist both cities with administrative procedures. 'Finalize Foreign Trade Zone designation with the assistance of either the Port of Corpus Christi or the Port of Houston. 'Encourage cities to allow Freeport Tax exemptions in Enterprise Zones. 'Continue to meet with the Tri-County Field Crop Association, communicating EDC activities to the Brazos Valley cotton producers. 101 401 'With the approval of the Revolving Loan Fund grant by the Economic Development Administration, contract with the Brazos Valley Development Council to administer the fund and with an EDC Board appointed Loan Administration Board, develop marketing strategy and place qualified RLF loans in the area. *With the newly completed textile feasibility report as a guide, continue the development of a cotton textile mill, utilizing community and area T-shirt print operations, cotton t producers, cut-and-sew companies, cotton warehouse & distribution companies, and financing capabilities. 'Continuing the effort to develop relationships with Mexican textile resources, make at least i one follow-up trip to Mexico i4 FY 1995. k r 'Cooperate with the American Chamber of Commerce Researchers Association by doing a quarterly cost of living survey in Bryan-College Station. 'Study the procedure and make application to the U.S. Small Business Administration for a Brazos County Small Business Investment Corporation. 'Support all efforts by taxing entities, private investors and owners in reactivating vacant, i abandoned and unused industrial properties in Bryan/College Station in Brazos County. t 'Continue working with the EDC Community Relations Committee as they. (1) inform the public through clubs and organizations about EDC activities and (2) contact both the public and private sectors requesting in-kind and cash participation in a community Economic Development Fund to be used exclusively for prospect incentives. 'Develop standard community incentives that the EDC staff and volunteers can present to companies considering a relocation to Bryan/College Station, eliminating the necessity of requesting permission from the taxing entities in every situation, which causes loss of precious time during critical stages of negotiating with the prospect r Page 5 of ~o PAGE 7 rY •M r r i I I i• i ,4 1! EXHIBIT "A' *Add to the newly completed EDC reference library by requesting the contribution of books, magazines, publications, software and CD ROM disks from the private sector. 'Expand working relationship with the EDC Agriculture Advisory Committee in developing value added for area agriculture products. ~I. 'Institute newly prepared EDC Personnel Policies and Procedures Manual and continue to review for federal and state compliance. *Do an in-depth analysis of publicly-owned industrial parks in Bryan/College Station to determine current and future economic development needs. r I r i t C i t ' k Page 6 of 7 ' VOL 5 PAGE-7A 4 I C] f 4 f F, I d P 9 1 r r EXHIBIT "A" AGRICULTURE ADVISORY COMMITTEE FY 1995 GOALS AND OBJECTIVES PURPOSE: Promote Brazos Valley agriculture by developing value added projects that result in economic growth for Bryan-College Station and Brazos County. 1. Attend regular quarterly meetings of the Tri-County Field Crop Association. 2. Utilize the new study to support development of a cotton textile mill through the use of local resources, including users of 100% cotton products, cotton producers, cut-&- sew operations, cotton warehouses, and area investment capital. 3. Continue to work with a local ranch owner and the Caldwell Chamber of Commerce in developing a cotton textile mill. 4. Work with local owners and the Caldwell Chamber of Commerce in developing an indoor shrimp farm. 5. Review agriculture brochure for current census data updates. 6. Maintain textile contacts in Mexico by making at least one visit in FY 1995. 7. Cooperate with Mr. Greg Stark and Dr. Kerry Litzenberg in utilizing student interns for special agriculture studies and projects. 8. Identify and develop agriculture-related grants and financing targeted for agri- businesses. 9. Support efforts of the Brazos Valley Expo Park Board in the development of a multipurpose expo park. 10. Target national food processing companies, including but not limited to poultry processing plants and aid local owners in expanding and meeting the needs of such agricultural processing plants for locally produced products and raw materials. 11. Emphasize value added for Brazos Valley agriculture products by targeting companies in food processing, agricultural distribution and textile industries for expansion or relocation to the area. 12. Encourage cooperation with the Brazos Valley Small Business Development Center and Bryan-College Station Chamber of Commerce Agriculture Committee. 13. Expand outreach potential of the Agriculture Advisory Committee by establishing sub-committees for special projects as directed by the EDC Board. i Page 7 of 7 VOL 45~ PAGE '7a E i l f i! } ; G G E tE' t REVOLVING LOAN FUND AGREEMENT This Contract is entered into this 31st day of July, 1995 by and between Brazos County Texas acting by and through its duly elected Commissioners Court (hereinafter the "County"); the Brazos Valley Development Council (hereinafter BVDC)and the Economic Development Corporation (hereinafter the "EDC"). Whereas the BVDC has been awarded a Title IX Long-Term Economic Deterioration Revolving Loan Fund grant by the U.S. Department of Commerce's Economic Development Administration to set up a revolving loan fund from which to provide loans to small businesses which qualify for such loans pursuant to federal guidelines; and Whereas a requirement of such federal grant is that local governmental entities and businesses pledge a certain amount of matching funds; and . Whereas the County has agreed to participate in this program by providing certain limited matching funds. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS THAT for and in consideration of the mutual covenants, restrictions, and promises herein contained, the parties hereby agree as follows: 1. The term of this Agreement is for three (3) years commencing on the date above stated and ending on December 31, 1997. 2. The County will make available to the BVDC through the EDC, under conditions herein stated, the sum of $16,666.66 (herein "Line of Credit") in each year of this contract for a total of $50,000.00 for use as part of the funds comprising the Revolving Loan Fund of the BVDC. 3. Any monies not drawn or requested by the BVDC in any one year may be carried over to succeeding years; provided however, any monies not drawn at the termination date of this Contract shall be retained by the County with no continuing obligation to fund the remaining monies. 4. The BVDC shall grant loans only to those businesses or persons that qualify under the guidelines established by the federal grant and the business development strategy plan for the Brazos Valley Development Council region. In the event funds are loaned to a non-qualifying applicant, the County may terminate this Agreement or require reimbursement by the BVDC of County funds pledged to such applicant. 5. The EDC will handle the marketing, promotion and administration of this program. VOL-AE_PAQE rj ► _ . _ . t r • it a i F~ F 1 6 F r~ • 6. The BVDC and its Loan Administration Board shall make all determinations relative to the qualifications of certain loan applicants, compliance with all program guidelines for loan qualification and shall make the final decision on loan awards. 7. Request for a draw against -the County Line of Credit shall be made to the County Judge by written instrument executed by the president of the Loan Administration Board of the BVDC stating (i) the business for which such loan is requested, (ii) that such business has qualified under the guidelines set forth herein, (iii) the names of its principals, (iv) type of business, and (v) the amount of draw requested against the County Line of Credit. 8.. All requests complying with the requirements of paragraph 7 above will be funded within four (4) weeks of the date of such request up to the amount of funds available under the annual Line of Credit. 9. At the end of each year the EDC shall provide the County with a written report stating the number of loans made, the amount of such loans, terms of such loans, number of businesses receiving loans, estimate of number of new jobs created and the annual payroll and estimate of value of the business (capital investments and annual revenue). t 4 10. 71ie EDC and BVDC shall maintain physical records and supporting documentation for all loans of money made pursuant to this Agreement. Such records shall be maintained for a minimum of three (3) years. 11. The BVDC and EDC shall give the County access to all books, accounts, records, files or other papers belonging to or in use by the BVDC and EDC pertaining to the Revolving Loan Fund referenced in this Agreement. Failure to provide access to this information shall constitute a breach of this Agreement upon which breach the County shall have authorization to terminate this Agreement without further liability. 12. It is understood and agreed that participation by the County in the Revolving Loan Fund is limited to the contribution of monies. The County at no time shall be liable of the acts of the EDC, the BVDC, its administration board, its agents or employees. a i r k 13. The County shall have the right to terminate this Agreement in whole or part at any time whenever the County determines that the BVDC or EDC has failed to comply with the terms of this Agreement. 77he County shall notify all parties in writing thirty (30) days prior to the date of termination. The notice shall include the : reason for such termination, the effective date of the termination. 14. The BVDC shall return to the County the full amount of its three (3) year investment stated herein, without interest, if at any time in the future the Revolving VOA PAGE I, t i i E t' t 9 Loan Fund ceases to exist as a viable program administered and marketed by the BVDC and EDC. 15. The BVDC and EDC shall and does hereby hold harmless the County from any and all loss, cost, claims, damages or expenses of any kind, nature or description that arise out of or in connection with this Agreement. This Agreement shall be interpreted in accordance with the laws of the State of Texas. The parties herein agree that the performance of this Agreement shall be in Brazos County, Texas. This Agreement represents the entire agreement of the parties and supersedes any prior written or verbal understanding or representation. BRAZOS COUNTY, TEXAS By: Judge Ivin .l es BRAZOS VALiEY DEVELOPMENT COUNCIL By: Title: A' ECONOMIC DEVELOPMENT CORPORATION By: Mervin Peters, resident a t ' « I VOL S PAGE-3' r^~ { , t ADMM9FRATIVE AGREEMENT s BRAZOS VALLEY DEVELOPMENT COUNCIL f r and BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION R • This agreement, entered into this 17th day of August , lggr , by the Brazos Valley Development Council (BVDC) and the Bryan-College Station Economic Development Corporation (BCS-EDC), WHEREAS, the BVDC was awarded a grant of $500.000.00 by the i U.S. Department of Commerce, Economic Development Administration (EDA), under Title IX, Section 903, as amended, to support i establishment of a revolving loan fund (RLF) to provide industrial, commercial and economic development loans in the BVDC Region; and WHEREAS, the BVDC, the EDA RLF recipient, hereby enters into an administrative contractual agreement with the BCS-EDC, therefore allowing the BCS-EDC, following EDA guidelines, to be the administrative organization of the RLF. Parties agree to the ; following: 1. The RLF Loan Administration Board (LAB) will be responsible for the implementation of the RLF Strategy and Plan, as found in the BVDC RLF Plan and Administrative Manual, approved by s EDA, and attached and part of this agreement. The LAB will review, select and approve all loan applications, and will manage the business and affairs of the RLF, and shall have full power to act on behalf of the RLF as permitted by the BCS-EDC and BVDC Board of Directors, and the statutes of the a State of Texas. 2. The BVDC Board, Overall Economic Development Program Committee, and BCS-EDC Board will assist in evaluating r economic trends and strategy performance and can make recommendations to the RLF LAB concerning necessary _ adjustments to the program. 3. The overall purpose of this agreement is to make EDA Title IX grant funds and fund proceeds available to the BVDC for industrial, commercial And economic development loans in the , BVDC Region. ~J 4. The BCS-EDC agrees to use any and all funds or fund proceeds ? it acquires through the BVDC from the EDA in accordance with ' t; r the terms of this agreement in a manner consistent with local, State and Federal laws and regulations. 57 PAGE VOL J s .t s. _-.,_...._.r..,_.+.J ~...._.-i.._..._......a ._i a.. ..~~_rux-_..r.ar u._.~wJ..a._-„~...--u__..~~. .~.-r........r....~_._.L Lr~ r G i Administrative Agreement - Page 2 5. In the initial draw down of EDA Title IX grant funds the BCS- EDC will provide BVDC the following: a. Identify the loan recipient. b. Identify the type of loan. C. Identify the terms of the loan. i d. Certification that all terms of this agreement and applicable grant guidelines have been followed. e. Letter of request to the BVDC to draw down from its EDA grant, the total loan amount and to disburse the funds to the BCS-EDC. 6. The BCS-EDC will cooperate fully with the BVDC in monitoring the RLF. BCS-EDC agrees to keep records sufficient to document its compliance with all applicable laws, regulations ti and contract terms and will not commingle RLF grant monies with other funds in any manner which would prevent readily identifying payments, expenditures, fees and interest income l for operation of the program. 7. BCS-EDC will submit monthly reports of the activities and services undertaken in performance of the RLF program, to include but not limited to, existing loans, pending loans, loan payments, loan status reports, marketing, and training. 1 S. The BVDC reserves the right to perform an internal audit of the program operations and finances at any time during the term of this contract. All pertinent records will be made available upon request. 9. The BVDC will provide an annual audit by an outside and independent auditing firm. The audit will be conducted in accordance with generally accepted governmental au diting standards and will cover both financial and compliance matters. 10. The BCS-EDC will not assign any or all of its rights or responsibilities under this contract without the prior written F approval of the BVDC. 11. The BCS-EDC shall operate as an independent contractor and not as an officer or employee of the BVDC. The BCS-EDC shall have exclusive control of, and the exclusive right to control, the details of the work and services performed for the RLF program. VOL PACE . L i I t it f • "Administrative Agreement - Page 3 12. This agreement is for three years beginning November 1. 1994. The agreement may be terminated by either party whenever such termination is determined to be in the best interest of the RLF program. l i i t Brazos valley De dlo ent c Council Bryan-College Station Economic Development Corporation i C • r • 7 . f • ~ ~3 r VO PAO i r 5 •1 h. 3 I 1 f . _ ~+..n ..f~ w._u..... 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