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BR.AZOS COUNTY ~ R rr X c
BRYAN. TEXA6
AGENDA
BRAZOS COUNTY COMMISSIONERS COURT MEETING
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
NOVEMBER 28,1995 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 Walker.
2. Pledge of Allegiance - Commissioner Walker.
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 - 19:
4. Budget Amendment 95/96-05.
5. Personnel Change of Status.
6. Payment of claims.
7. Approval of minutes for the Commissioners Court meetings of April 3, 1995; April 10,
1995; April 17, 1995; April 24, 1995; May 1, 1995; May 8, 1995; May 15, 1995; May
22, 1995; May 30, 1995; Commissioners Court Workshops of April 13, 1995; April 28,
1995; May 8, 1995; May 22, 1995; May 31, 1995; Commissioners Court Public Hearings
of May 1, 1995; and May 17, 1995.
8. Tax abatement for Conoco, Inc.
9. Capital Expenditure Procedure.
10. Procedure for purchase and payment of computer supplies and maintenance.
11. Requisitions from Capital Expenditures for the following:
a CNS: Software Upgrades for HP System
b. Sheriffs Office: Ne•tware 4.1 for Sheriffs Office Network
c. CNS: Software upgrade for CNS department
d. District Clerk/272nd District Court: computers
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+ Commissioners Court Meeting Agenda, November 28, 1995
Page Two
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12. Contractual Agreement with Brazos County Soil & Water Conservation District.
13. The Preliminary Plat of Rustic Oaks Subdivision Phase Two, 51.49 acres, Wesley
Berryman Survey. Site is located in Precinct 3.
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14. Request permission to enter Edgar J. Irick's property located off House Estate Road for
the purpose of re-routing existing creek channel to allow new culverts to be installed
under roadway. Site is located in Precinct 2.
15. Request permission to enter Albert Monroe Payne's property located off House Estate
Road for the purpose of re-routing existing creek channel to flow through new culverts
under roadway. Site is located in Precinct 2.
+ 16. Request permission to enter Nancy Moise's property located off Wheelock Hall Road for
the purpose of installing new 60" culvert under roadway to replace concrete box culvert.
Site is located in Precinct 2.
17. Request for Brazos County to sell water taken from pond located on Kathy Fleming Road
to Dawson Well Service for the use of drilling wells. Site is located in Precinct 1.4-
18. Appointment of fire commissioners to the Brazos County Fire Prevention District #4
Fire Commissioners Board.
i 19. Call for a closed session as authorized by Section 551.074 of the Local Government Code
r for the discussion of a replacement for the retiring Executive Director of the Brazos
Center.
20. Consider and take action on the closed session.
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21. Call for citizen input and/or concerns.
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22. Adjourn.
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} 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.
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COMMISSIONERS' COURT
REGULAR MEETING
NOVEMBER 28, 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 Tuesday, November 28, 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
Susan Gandy
Marc Hamlin
John Reynolds
Cheryl Turney-
Kay Hamilton
Richard Vance
Bobby Riggs
Rita Watkins
Ray Crow
Dan Jones
Edwin Dobbins
Robyne Vaughn
Marijane Deen
Chip Lambert
Arthur Better
Bernard Hajny
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Executive Assistant
Secretary to County Judge
District Clerk
Auditor
Auditor's Office
Treasurer
County Engineer
Sheriff
Sheriff's Office
Road & Bridge
Task Force
Bldg. Maintenance
CNS
CNS
Bryan/College Station Eagle
Citizen
Conoco
Commissioner Walker gave the invocation and led the
pledge of allegiance.
There was no citizen input and/or concerns.
The Court next considered Budget Amendment #95/96-05,
which would reallocate funds budgeted for the Personnel
Department and transfer funds from Contingency to the office
of Constable Precinct 7. The County Judge suggested reducing
the number of lines for the telephone from six (6) to three
(3). On motion by Commissioner Norton, seconded by
Commissioner Walker, the Court voted unanimously to approve
the budget with the reduction in the number of phone lines.
A copy of which is attached hereto.
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r The Court proceeded to consider the change of status of
E the following employees.
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NAME DEPARTMENT REASON
Scarmardo, Debbie District Clerk Sal Increase
s Cole, Lisa District Clerk Sal Increase
Deno, Kathleen District Clerk Sal Increase
Foster, Theresa District Clerk Sal Increase
Markowski, Jaime District Clerk Sal Increase
Morris, Ann District Clerk Sal Increase
Manley, Deloris District Clerk Sal Increase
Johnson, Melba Personnel Comp Training
Glen, James W. County Crt at Law #2 New Employee
The County Judge questioned merit increases for personnel in
the District Clerk's office. On motion by Commissioner
Norton, seconded by Commissioner Cauley, the Court voted
unanimously to approve the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
96-001468 through 96-001710
On motion by Commissioner Walker, seconded by Commissioner
Norton, the Court voted unanimously to approve the Claims as
submitted.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held April 3, 1995; April 10,
1995; April 17, 1995; April 24, 1995; May 1, 1995; May 8,
1995; May 15, 1995; May 22, 1995; May 30, 1995; Commissioners
Court workshops of April 13, 1995; April 28, 1995; May 8,
1995; May 22, 1995; May 31, 1995; Commissioners Court Public
Hearings May 1, 1995; and May 17, 1995. On motion by
Commissioner Norton, seconded by Commissioner Cauley, the
Court voted unanimously to approve the minutes as submitted.
The Court next considered a Tax Abatement Agreement
between Conoco, Inc. and Brazos County. Conoco, Inc. applied
to the County for the granting of a tax abatement in a
reinvestment zone located at 1331 Independence, Bryan, Texas.
The term of the abatement will be for ten (10) years
commencing upon execution of the Agreement and terminating ten
years from that date. The exemption from taxation shall be of
the increase in value of the premises over it value in the
year 1995 in the following amounts:
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Amount of Increased
value of Premises
from 1995 values to
Calendar Year be abated
1996
95%
1997
95%
1998
90%
1999
90%
2000
85%
2001
85%
2002
80%
2003
80%
2004
75%
2005
75%
on motion by Commissioner Norton, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Tax
Abatement Agreement between Conoco, Inc. and Brazos County.
A copy of the Agreement is attached hereto.
The next matter for consideration was the establishment
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of a procedure for Capital Expenditures. In a memo to the
Elected Officials and Department Heads the County Judge set
out the procedure for the departments to take when requesting
funds for Capital Expenditures. On motion by Commissioner
Norton, seconded by Commissioner Walker, the Court voted
unanimously to establish a procedure for Capital Expenditures.
A copy of the procedure is attached hereto.
The next matter for consideration was the establishment
of a procedure for the purchase and payment of computer
supplies and maintenance. In a memo, the County Auditor
recommended that the Computer Network Services Department
oversee all purchases for computer supplies and maintenance
thus eliminating the authority of the individual departments
to make these purchases. On motion by Commissioner Sims,
seconded by Commissioner Cauley,.the Court voted unanimously
to adopt the recommendation of the Auditor that the Computer
Network Services Department oversee all purchases for computer
supplies and maintenance.
The next matter before the Court was consideration of
requisitions from Capital Expenditures for the following:
a) CNS: Software upgrades for HP System
b)• Sheriff's Office: Netware 4.1 for Sheriff's office
network
c) CNS: Software upgrade for CNS department
d) District Clerk/272nd District Court: Computers
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On motion by Commissioner Norton, seconded by Commissioner
Cauley, the Court voted unanimously to approve the purchase of
the previously named items from the Capital Expenditures fund.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Brazos
County Soil and Water Conservation District #450. The
District will provided soil and water conservation services to
the residents of Brazos County and to the County proper such
as erosion control, water management and rural development.
The cost to Brazos County will be $4,400.00 annually. The
term of the contract will be fiscal year 1996. On motion by
Commissioner Walker, seconded by Commissioner Cauley, the
Court voted unanimously to enter into contractual agreement
with the Brazos County Soil and Water Conservation District
#450. A copy of the contractual agreement is attached hereto.
The Court next considered approval of the Preliminary
Plat of Rustic Oaks Subdivision Phase Two in Precinct 3.
Richard Vance, County Engineer, stated that he had reviewed
the plat and it appeared to be in order. On motion by
commissioner Sims, seconded by Commissioner Cauley, the Court
unanimously approved the final plat of the Rustic Oaks
Subdivision Phase Two in Precinct 3.
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 Edgar J. Irick on
House Estate Road in Precinct 2 to re-route an existing creek
channel to allow new culverts to be installed under the
roadway. A temporary fence will be constructed around the
work area and removed when the work is completed. On motion
by Commissioner Walker, seconded by Commissioner Norton, 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 Albert Monroe
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Payne on House Estate Road in Precinct 2 to re-route an
existing creek channel to flow through new culverts under the
roadway. On motion by Commissioner Walker, seconded by
Commissioner Cauley, 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 Nancy Moise on
Wheelock Hall Road in Precinct 2 to install a new 60 inch
culvert under the roadway to replace a concrete box culvert.
Commissioner Walker asked if the County needed to get a
private easement. She was informed that it was contingent on
getting a permanent easement. On motion by Commissioner
Walker, seconded by Commissioner Sims, the Court voted
unanimously to authorize the work.
The Court next considered a request from Dawson Well
Services to purchase water from a pond located on Kathy
Fleming Road in Precinct 1. Dawson Well Services will be
using the water to drill wells. On motion by Commissioner
Norton, seconded by Commissioner Walker, the Court voted
unanimously to approve the request from Dawson Well Services
to purchase water from a pond on Kathy Fleming Road.
On motion by Commissioner Cauley, seconded by
Commissioner Sims, the court voted unanimously to appoint
Anderson Jones, 8768 Vincent Road, College Station, James
Green, 7378 Raymond Stotzer Parkway, College Station and Sue
Moody, 6398 Dogwood Drive, Bryan. to the Brazos County. Fire
Prevention District Number 4 fire Commissioners Board. Such
appointments are two year terms, beginning January 1, 1996 and
ending December 31, 1997.
At 9:15 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in closed
executive session to discuss personnel as allowed under
Section (6252-17(2)(9) Vernon's Texas Civil Statutes.
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At 9:24 a.m. the County Judge announced the meeting open
to the public and announced there would be no action required
on the executive session.
There was no citizen input.
The County Judge announced that Robyne Vaughn from the
Computer Network Services Department would be leaving
employment with the county.
There being no further business to come before the Court,
the meeting was adjourned.
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! The foregoing minutes of the Commissioners Court meeting
held November 28, 1995 have been examined and are approved in
open Court this the day of 1996 ,
in Bryan, Brazos County, Texas.
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Alvi W. Jon
County Judge
Sandie a like
Commissio , Precinct 2
rey C ley, Jr.
Commiss oner, Preci t 4
Commis"er; Precinct 1
laox. '5~z~
Randy S s
Commissioner, Precinct 3
Mary n Ward
County Clerk
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1995-1996 BUDGET YEAR
NO. 95/96-05
On this the 28th day of November 1995 at a special meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Gary Norton, Commissioner, Precinct 1;
Sandie Walker, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings-were held:
THAT WHEREAS, on November 28, 1995, the Court heard and
approved a budget amendment for the 1995-1996 budget year for
Brazos County, Texas.
WHEREAS, an expenditure is necessary due to the necessity to
meet unusual and unforeseen conditions which could not be
reasonably included in the original budget adopted September 26,
1995 the following amendment(s) to the original are hereby
authorized, as described on the attached 1 page(s).
ADOPTED AND APPROVED this the 28th day of November 1995
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: Alvin W. Jones, County Judge
Original: County Clerk's office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
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/ 369 /3 69~ . ••D
BALANCING TOTAL
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
NO. 95/96 - 05
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BALANCING TOTAL 15,000.OJO
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Prepiiid By:
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Date: 11/22/95'
Dater(
Approved B
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AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT
WITH CONOCO, INC.
IN REINVESTMENT ZONE NUMBER TWO, CITY OF BRYAN
FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT, BRAZOS COUNTY, TEXAS
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This Agreement entered into by and between BRAZOS COUNTY, acting herein by
and through its duly elected Commissioners Court, hereinafter referred to as COUNTY, and
CONOCO, INC., acting herein by and through its duly authorized agent, J.R. Derr, its
Manager, Lubricants and Specialty Products Business Unit, hereinafter referred to as
OWNER.
WITNESSETH
WHEREAS, the City Council of Bryan, Texas, by Ordinance No. 941, established
Reinvestment Zone Number Two ("Zone"), City of Bryan, for Commercial-Industrial Tax
Abatement, City of Bryan, Texas, as authorized by the Property Redevelopment and Tax
Abatement Act, Vernon's Texas Civil Statues Annotated, Tax Code Chapter 312 (1992); and
WHEREAS, the COUNTY is authorized by state law to grant to qualifying
individuals or entities tax abatement in a reinvestment zone established by a municipality
lying within its geographical boundaries; and
WHEREAS, OWNER has requested and made application to the COUNTY for the
granting of a tax abatement to it on the same basis as has the City of Bryan within the City's
Reinvestment Zone Number Two; and
WHEREAS, the COUNTY has agreed to such request on the terms and conditions
hereinafter set forth, the parties do mutually agree as follows:
1. The property that is the subject of this Agreement is the land area located at
1331 Independence, Bryan, Brazos COUNTY, Texas, also generally described as that
approximately 19.74 acre tract of land located within the Stephen F. Austin League Number
Nine, and being all of that tract of land conveyed from Moore Business Forms, Inc. to
Conoco, Inc. recorded in Volume 2302, Page 138, Official Records of Brazos COUNTY,
Texas, the same being an expansion of an existing facility depicted in the plat as Exhibit "A",
which is attached hereto and incorporated herein for all purposes, such property is
hereinafter referred to as the PREMISES.
2. In consideration of OWNER'S installation of improvements located on the
PREMISES, which are listed as to kind, number and location on the document entitled as
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Exhibit "B",which is attached hereto and incorporated herein for all purposes, in accordance
with building permit numbers to be issued by the City of Bryan and the' Site Development
Plan on file with the COUNTY, all of which are incorporated by reference as if included
herein, COUNTY agrees that, subject to the terms and conditions contained herein, the
above-described PREMISES shall be entitled to an exemption from taxation as provided for
in Section 12 of this Agreement. OWNER acknowledges and agrees that the purpose of
COUNTY entering into this Agreement is to encourage development and redevelopment
of the property in the Zone, and therefore, OWNER agrees to limit the use of the property
to further said purpose.
3. OWNER agrees that the site general plan, general interior and exterior design
drawings and materials ("Plans") for any and each future improvement shall be submitted
to COUNTY and/or its designated representative for approval, which Plans shall be
incorporated herein for all purposes. An official set of Plans for each improvement will be
designated by the OWNER and kept on file with the COUNTY.
4. OWNER agrees to build any and all improvements in accordance with all
applicable laws, ordinances, codes, rules, requirements or regulations of the City of Bryan,
Brazos COUNTY, the State of Texas and the United States, and any subdivision, agency or
authority thereof.
5. During the period of time when OWNER is construpting any future
improvements on PREMISES and at all times thereafter, during the term of this Agreement,
OWNER shall keep PREMISES insured through its self-insurance program against loss or
damage by fire or any other casualty. OWNER shall furnish the Commissioners Court with
a letter regarding its self-insurance program.
In the event PREMISES are damaged by fire or any other casualty, if OWNER
pursues diligent completion of such damages in order to repair, remodel or renovate
PREMISES in accordance with the Plans or revised Plans, then the exemption from taxation
as provided for in this Agreement shall cease during the time that the PREMISES are being
repaired, remodeled or renovated and when PREMISES are restored to their prior
condition the exemption from taxation shall commence for the remaining term of the
exemption. Should the OWNER decide not to repair, remodel or renovate the damaged
PREMISES, then the exemption from taxation as provided for in this Agreement shall cease
and the PREMISES will be taxed at full market value pursuant to Section 11 of this
Agreement. Within ninety (90) days of the date such damage to premises occurs, OWNER
shall submit written notice of intent to the Commissioners Court setting forth the dates
OWNER anticipates starting and completing the repair, remodeling or renovation of the
damaged premises.
6. The OWNER represents and warrants that no member of the Commissioners
Court has an interest in the property subject to this Agreement and such property is not
owned or leased by any member of the Commissioners Court.
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r " 7 The COUNTY. by approving of any Plans or any revised plans, assumes no
liability or responsibility therefor or any defect in any structure constructed from the Plans
or such revised plans. The relationship between the COUNTY, Taxing Units, and OWNER
at all times shall not he deemed a partnership or joint venture for purposes of this
Agreement.
OWNER shall indemnify, hold harmless and defend COUNTY, its members, agents,
officials, and employees, from and against any and all obligations, claims, suits, damages and
liability or alleged liability, including, but not limited to, liability without fault and liability
by virtue of the obligations of OWNER pursuant to this Agreement or the acts or omission
of OWNER, ITS AGENTS, CONTRACTORS, EMPLOYEES, LICENSEES OR
INVITEES, ON OR WITH RESPECT TO the construction and use of the PREMISES and
including cost of suit, attorney's fees and other related costs and expenses in connection with
or incidental to this Agreement or such acts or omissions, provided, however, that OWNER
shall not be required to indemnify and hold harmless any indemnified party for any such
injury or harm caused by the gross negligence or willful misconduct of any indemnified
party.
8. At all reasonable times during the construction on any expansion of
PREMISES and following its completion, COUNTY and its respective designees may
inspect PREMISES in order to assure that all construction, workmanship, materials and
installations involved in or incident to the project are performed in substantial compliance
with the approved Plans or revised Plans therefore and that the conditions and the
applicable building permits and governmental regulations are complied with.
9. OWNER agrees to pay all ad valorem, taxes and assessments (unless it is
exempted or abated thereof) owed to the COUNTY prior to such taxes and/or assessments
becoming delinquent; provided, that OWNER shall have the right to contest in good faith
the validity or application of any such tax or assessment and shall not be considered in
default hereunder so long as such contest is diligently pursued to completion. In the event
OWNER does contest any such tax or assessment, it shall nevertheless, promptly pay to
COUNTY prior to its becoming delinquent, all taxes and assessments which it is not so
contesting. If OWNER undertakes any such contest, it shall so notify COUNTY and keep
COUNTY apprised of the status of such contest. Should OWNER be unsuccessful in any
contest, OWNER shall promptly pay the taxes, penalties, and/or interest, resulting
therefrom.
10. In the event OWNER (i) does not maintain the PREMISES in good condition,
reasonable wear and tear expected, (ii) fails to repair, remodel or renovate any damage or
destruction of the PREMISES as provided for in Section S above, (iii) fails to use the
PREMISES for the purposes that are contemplated by this Agreement and allows the
PREMISES to become vacant, (iv) fails to pay all nonabated taxes in the manner required
by Section 9 hereof, (v) fails to maintain a gross salary base plus benefits for employees
working at the PREMISES of at least ONE MILLION DOLLARS ($1,000,000) on
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i December 31, 1996, or on an annualized basis if the PREMISES commence production on
a date other than January 1, said base amount to increase by at least five (5) percent per
year thereafter as existing on the thirty-first (31st) day of December of each of the nine (9)
succeeding calendar years (as contained in Exhibit "D"to this Agreement, which is attached
hereto and is incorporated into this Agreement as if set forth verbatim herein), or (vi) to
maintain construction work in progress, equipment, land, buildings, improvements, and
tangible personal property on the PREMISES with an ad valorem tax value of at least FIVE
MILLION DOLLARS ($5,000,000) as measured by the official records of the Tax Assessor-
Collector of Brazos COUNTY, Texas on the thirty-first of December of each of the effective
years of this Agreement, then the COUNTY shall give OWNER written notice of such
deficiencies or failures and if OWNER has not complied with or made satisfactory efforts
to comply within thirty (30) days of said written notice, COUNTY shall and does reserve
the right to declare this Agreement void and shall have the right to adjust the percentage
of tax abatement given to OWNER for such period of time as OWNER is out of compliance
with one or more of the above provisions. If the COUNTY decides to declare the
Agreement void and terminate the benefits of tax abatement provided for in this Agreement,
} the PREMISES shall be deemed taxable and not entitled to abatement as provided herein
from and after the effective date of termination.
In the event the construction and renovation of the PREMISES is completed per
Section 2 above, and begins producing product, but subsequently discontinues producing
product for any reason except fire, explosion or other casualty, accident or natural disaster,
for a period of one year during the abatement period, then this Agreement shall terminate.
In the event of termination pursuant to the provisions of this paragraph, the abatement of
the taxes for the calendar year during which the PREMISES no longer produces shall
terminate, but there shall be no recapture of prior years' taxes abated by virtue of this
Agreement.
11. OWNER WILL SUBMIT TO THE COUNTY, no later than May 30, 1996,
the Certificate of Compliance attached hereto as Exhibit "C",certifying that all construction
of Premises has been completed in accordance with Plans or revised Plans. After receipt
of this Certificate of Compliance, the COUNTY shall make a final inspection of Premises
to determine that Premises have been constructed in compliance with this Agreement.
COUNTY shall have the right to renegotiate or terminate this Agreement if (i) the
Certificate of Compliance has not been issued as provided above and/or (ii) the COUNTY
has not issued its approval of the construction declaring it to be in compliance with this
Agreement within thirty days of the date the Certificate of Compliance is issued. If this
Agreement is so terminated the OWNER shall pay the COUNTY the taxes that would have
been paid to COUNTY had not OWNER's taxes been reduced under the terms of the
Agreement, plus interest at the rate provided for delinquent taxes in accordance with
Vernon's Texas Code Annotated, Tax Code, §33.01 and that such payment of taxes and
interest shall be due within thirty (30) days of the Commissioners Court 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
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and incur penalties and interest as provided by law for ad valorem taxes imposed by
COUNTY if not paid before February 1st of the year following the year in which the
termination of this Agreement occurs.
12. This Agreement shall be for a term of ten years commencing on the execution
date hereof and terminating ten years from said date. The exemption from taxation
provided during the term of this Agreement shall be of the increase in value of the Premises
over its value in the year 1995 in the following amounts:
Amount of Increased Value of Premises
Calendar Year From 1995 Values to be Abated
1996 95.00%
1997 95.00%
1998 90.00%
1999 90.00%
2000 85.00%
2001 85.00%
2002 80.00%
2003 80.00%
2004 75.00%
2005 75.00%
The taxable value of the Premises in 1995 was: Two Million, One Hundred Eighty One
Thousand, Sixty and No/100 Dollars ($2,181,060.00).
13. Miscellaneous.
a. Attorney's Fees. If on account of any breach or default by OWNER of its
obligations under the terms, conditions, or covenants of this Agreement, it shall be necessary
for COUNTY to employ an attorney or attorneys to enforce or defend any of the rights or
remedies hereunder, and should COUNTY prevail, COUNTY shall be entitled to any
reasonable attorney's fees, costs, or expenses incurred by it in connection herewith.
b. Severability. If any provision of this Agreement is held to be illegal, invalid,
or unenforceable under the present or future laws effect while this Agreement is in effect,
such provision shall be automatically deleted from this Agreement and the legality, validity
and enforceability of the remaining provisions of this Agreement shall not be affected
thereby, and in lieu of such deleted provision, there shall be added 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.
5
VOL. ~ PAGE ~s1
C. Texas Law to Apply. This Agreement shall be construed under and in
accordance with the laws of the State of Texas and all obligations of the parties created
hereunder are performable in Brazos COUNTY, Texas.
d. Prior Agreements Su rpe seded. 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 within subject matter.
e. Amendments. 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.
f. 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 or all other remedies. Said rights and remedies are
given in addition to any other rights the parties may have to law, statute, ordinance or
otherwise.
g. No Waiver. No waiver by COUNTY in 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.
h. Assignment. This Agreement may not be assigned by OWNER. Additionally,
a change in ownership, in a single transaction, of fifty percent plus one 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.
i. Receipt of Notice. The parties hereby designate the following individuals to
receive any notices required to be submitted pursuant to the terms of this Agreement:
COUNTY
OWNER
Brazos County Conoco, Inc.
County Judge J.R. Derr, Manager
300 E. 26th Street, Room 114 Lubricants Specialty Products Business- Unit
Bryan, Texas 77803 600 N. Dairy Ashford
Houston, Texas 77079
The parties hereto have executed or caused to be executed by its duly authorized
officials, this Agreement in multiple counterparts, each of equal dignity, as of the dates
6
VAS- 4 _,PAO 100.
rte` ~ ~
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.
Executed this day of xJgZ2&u 1995
BRAZOS COUNTY
By:
Alvin . Jones, Co ty Judge
Executed on:
ATTEST: CONOCO, INC. ( R)
By:
Its: Manager, Lubricants b Specialty Products Business Unit
Executed on: December B. 1995
7
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Being an of thu cn t.rhr tract •r µvicel of lard lying and being pnraned in
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the STEPHEN F. AUSTIN LEAGUE, NO. 9. Bryan. Brarws County. Texas and
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being all of that 19.74 acre tract of land colrveycd to Moore Business Fnnns.
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BEGINNING: at a 1/2- iron rod sM for the north comer of this tract. same
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being at the Intersection of the swthenst ilght•of•w ay line of Indepel ence
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Avenue and the southwest rigllt•af way line of F.M. 2818:
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oaderBee of a 100.00 foot drainage easement t245/166).
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THENCE: 5 72-171 " W ' 552.71 Let song the common line betweeert this
haft and Lots 2.3.4 aid 5 of said Brazos County Industrial Park. Plmse III to
.
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a 117 trop rod set for the most southerly common corner of this tract and
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THENCE, 08'55 9' 85000 oni rdeperderrte Avenue line to
;
On PUKE OF BEGINNING: and containing 19.80 acres of land, more or less,
clear-ng to a survey made on the ground under the supernslon of Donald D.
9wrett, Regtsteeed Peafessional Wei Surveyor. No 2972 on December 21.
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s
GARRM ENGMRM
M41 GrIM GM Pkq Sol. IOa
•
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Conoco Inc. 4/11/9S ,
Bryan, Texas
EQu=P No.
Oes+cripbon
UX=bon
A-220
Process
A-240
A
Proc"s
A-250
- Agtatar
Process
A-260
nor
Process
A-270
Astor
Process
A-250
AglbWf
Process
A ''N
ABRator
Process
A-"
ATUW
Prooeas
SC409 '
C«w"w
Process
SN-M
Hopp-W
Process
BV 251
Vi ndw
Process
BV-252
Vibrator
Process
BV-255
VbVor
Procaso
CA-702
Carbon sy3ftm
Process
CH-255
Monorail Clain Moat
PnOCWA
CH4w
Uriow" Ststion
Process
CH-704
chow
Process
CN-301
Bet Conveyor
Process
CN-405
Conveyor
Process
CN470
Product Conveyor
Process
0.300
Mt[ Tank
Process
EX-220
Jacket Eachargsr
Process
Ex--225
Food Erad»ngv
Process
F-255
Exhaurt Fan
Process
Fd2SA
edoust Fan
Proem"
F-4255
Efaust Fan
Proom
F-436
Effect Fan
Process
F-445
Eanaust Fan
Proosss
F-702
Eidwo Fan
Process
FE-406
LW Feeder
Proc~as
FE-431
Feeder
Process
FE-441
Feeder
Process
FT424
Wmist Fiiter
Process
FT-430
Erftuct FDter
Process
FT432
Woust Filar
Process
FT-435
Guard FHW
Process
FT-440
Eftmat Filter
Proceed d
FT-44Z
Eris! FMw
Process
FT-445
Guard Fehr
Process
FT."
Rcts y SAW
Preo.ss
FT-700
House Va=m Filter
Process
GD•lW
Gaylord Dumper
Process
H-240
Dntm Heater
Drooess
ML410
Atit1
Proem"
ML-432
mix
Process
ML.de2
Iwo
Prooees
MX-290
Mbar
Process
MX 222
Mbw
Prowss
=1404
Srsec MDR!
Process
14.900
SWW Noa1s
Prooeso
EXHIBIT "B"
NO NC. TAX ABATLMENT POOR I Of 3
VO ~AGREEMErT
~AG1
r•
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• a. s
Conoco Inc. 4/11195
Bryan, Texas '
Egtfp No.
Osserlpbor►
trooetlon
WWI
3MNMs
PMMS
NSC2
S Noctls
ProOess
P_=
Drum Pump
PMosss
P-240
Onen Pu np
PrOCISS
P-G=
Sump Pump
Process
P-SM
Sump Pump
prvoess
P-604
Sump Pump
P MS
PAW
SUMP Pump
Process
P-645
Dmm Pump
Process
P•701A
FovWaW Pump
Prvoesa
P-7018
Fire WSW Pump
Procne
PD-252
Cirwlation Pump
Prom=
P04263
c:'adasm Pomp
Process
PO-275
Circulation Pump
Process
PD-276
CUaAsbon
Process
polzo
PUMP
p,
PO-292
pump
Procne
PD300
Pump
Prooess
PK 290
Reactor
Process
PK-242
Reactor
Process
PV -140
Sh-age Onan
Proo.as
PV-200
Storage Drum
Process
PV-210
Drurn
Process
PV 220
Wx Onue
PV-240
,k Onsn
Process
PV 245
FkMh Tank
Prtioe~ao
PV 247
Flush Tw*
Prooeas
PV-250
Press" Vessd
Process
PV-200
Pressure Vessel
Process
PV-270
Pressure VOMM
PrOOeae
PV 280
Prossun Veerel
process
RV-430
Rata %ft w
Prooess
RV-4M
Rotary Va%e
Process
RV-434
Retry Vale
Process
RV-440
Rotary Valle
Prootss
RV-443
Rotary Valve
ptooess
RV-444
RaWry Valle
Prooess
RV-M
Ratify Valle
Process
SN-C33
Sdtar
Process
SN-443
SdW
Praxes
T-M
Stwwp Tartir •
Proode
T-576
Storage Tank
Pi-
WC-401
w ' Bat
Pro~.te
WG-2W
Seale
lotoCpCi
W H-70
Water Me"
Proorss
PD-W
laomr+9 Pulp
storage
PO-561
Charge Purnp
Sbor126
PD-6%
lM&W Pump
Stereo.
r
PDS96 t;trrge purrs St
PDSTO lmdrq Pump 'Storage .
Pegs 2 et 3
Jr~c+f•RS*ei.'S.A•'.`~
' f r
.-.s,a',.vrr~LoL..Js:.,~,asJCmalr..:.'~.---~_G.L.:~~ai7~+.+y ~t~' •''.~s~'`."~'~~..;+•1~i`W~W~Y"'~!'-•` -'Hoyt - - =L~y...i.~'kSr-~.~se-~•a~.., ....:a. _
~
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,Ir , ''rig{~11r71~~r ~
_ .,....W.r~..., :vr.r+....ww+wr
I
Conoco Inc.
Bryan, Texas
Equip No,
t)aaclrptlen
LOcatban
PDZ71
charge PUp
Styx"
hick 3yswn
RWA 3YUM
Staagt
RF-310
Refti raSor
Storage
TZW
Sbm" Tank
Sbo"
T-M
Stapp Tank
Stara"
T-M
St"" Tank
Su"00
DR-124
Few Oryer
Tank Farm
DR-126
Feed Dryer
Tor* Farm
DR-144
feed Drywr
Tank Farm
FT-118
U>=MV FRW
Tank Fame
FT-128
Fwd Mer
Tank Farm
FT-129
Feed FJter
Tank Farm
FT-140
Fwd Fftar
Tank Farm
FT-1 48
Feed F'dtar
Tank Farm
P•122
Feed Purnp
Teak Farm
P-125
Feed Pump
Tar* Farm
P-140
Re-'rarIm t Pump
Tank Farm
PS60
SUPOI Pty
Tank Farm
• P455
Su" PWO
Tank Farm
P-al
&snp Pw"
Tank Farm
P-6M
Surma Pimp
Tank Farm
PD,
Pump
Tank Farm
PDSM
Loadng Pump
Tank Farm
PD-MI
LaodkV Pump
Tank Farm
PV410
Pr"We Vessat
Tw* Farm
SK-621
SMmmet CS
Tank Farm
T-120
Storage Tank
Tank farm
TS50
Slwne Tank
Tank Farts
T-M
_ Sto" Tank
Tank Farm
T-M
Shxsoe Tank
Tads Farm
T-M
Stnrage Tank
Tank Farm
T479
SWWTarA
Tank Farm
T-M
Tank
Tank Farm
T-M
SW" Tank
Tank Farm
T-M
Stogy Tanis
Tank farm
T-ch
Tank
Tank Farm
Tapp
Swap T
Tsnk Faint
Estimated Total Equipment Cost $1,6819615.00
4/11/9S
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CONOCO CDR
LIQUID POWERTm PROJECT
BRYAN, TEXAS
PROJECT SCOPE
March 30 MS
Psolect Deanlaon
Conoco is planning the relocation, consolidation and expuWon of the prooemft
facility for the production of Liquid Power% Bryan, Tema.
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The overall goal of the project is to scale up the current operations using proven
existing equipment and te6zwlogy with production improvements to asintain
product consistency.
Project Scope
The project generally consists of three major design and renovation taska to
prepare the Bryan site for production: Interior demolition and renovation; Civil
Site work for product storage; Process equipment procurement and Wtallation.
Interior cimolition and re~nva
The existing building will be renovated to accommodate the new production
• requirements. Interior demolition and renovation affects both the office areas as
well as the Q-,dct ng manufacturing space. The office area renovation includes
nlodlfication of interior walls to accommodate new offices and a reception area.
The existing restrooms will be renovated to meet the ADA requirements.
The existing manufacturing space will require removal of existing interior kiosks
and control rooms. The existing area separation wall isolating the conditioned
manufacturing space from perimeter storage areas will remain. New walls will
be constructed to separate the processing areas from the holding and storage
areas. Interior modifications also include raising of the existing duct work to
accommodate intermediate product holding as well as new roof top air
conditioning units to support the process heating and cooling requirements
The existing mechanical and electrical systems will be modified as required to
support the new process. The existing fire protection system including alarm
and detection wiu be up graded to complsance with rrqukul usvuy uv6y
classi£uations.
VOL----4,,PAQ 8
-IMM!`~satJ~Ctwe.'+~wotJp+'dea..•s~-..e-~.,,..,,wi~" . _
:a ,+'•Nr'.,tir.e.. ,~::c.•Vi.: .~wi..+~..v}~... •iUl ~•-~^~'14f' ~r t1 ' j '~r.~~y'
i •
Qvil, tMork_forproduct+torae~e+
The site work generally consists of new tank farm and product storage areas to
the south of the existing building. The tank farm areas will be located behind the
existing tree line shielded from view. A new aoxss road will be constructed to
the tank farm areas for delivery and final shipment of product. All product
storage areas will have secondary containment with addition rain protection at
the loading and unloading areas.
The existing fire mains paralleling the east and west sides of the existing building
will be extended to the tank farm areas and connected to form a loop around the
complex. New hydrants and monitors will be located to serve the outside
expansion area.
The existing rail cpur will be upgraded to receive product shlpm►ents. An off
loading area will be designated with appropriate secondary cona►fnment as
required.
Conoco will procure the equipment necessary for production. The equipment
will be installed in the process areas giving attention to safety, maintenance, and
operational access. The process a vmi-automated and monitored by a central
direributive control rpk m for statistical process control.
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EXHIBIT "C"
CERTIFICATE OF COMPLIANCE
AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT
WITH CONOCO, INC. IN REINVESTMENT ZONE NUMBER TWO,
CITY OF BRYAN, FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT,
CITY OF BRYAN, BRAZOS COUNTY, TEXAS
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THE STATE OF TEXAS §
COUNTY OF BRAZOS §
Conoco, Inc., acting by and through its (the 'Owner'),
hereby certifies that the installation of improvements on the PREMISES, 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 , 1996.
Conoco, Inc.
By:
Its:
The above described improvements have been accepted by 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 into the year 2005, 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 certified taxable
value as appraised and determined by the Brazos County Appraisal District for each year
of the term of the Agreement.
Signed this day of , 1996.
ATTEST:
County Clerk
BRAZOS COUNTY, TEXAS
By:
Judge 'Alvin W. Jo s, County Judge
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EXHIBIT "D"
L' GROSS SALARY BASE TO BE MAINTAINED BY CONOCO, INC.
OF EMPLOYEES WORKING AT THE PREMISES
(Reference: Section Ten of the Agreement)
Gross Salary Base Measured
on December 31st of this
Gross Salary Base Calendar Year
(plus benefits)
$1,000,000 1996
$1,050,000 1997
$1,102,500 1998
$1,157,625 1999
$1,215,506 2000
$1,276,282 2001
$1,340,096 2002
$1,407,100 2003
$1,477,455 2004
ru~,•'r
Coaoeo, Inc. Agreement
Pate 9
_..PAGF
VOL
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1r CONTRACTUAL AGREEMENT
•A•_~ .~f:; fey.. ,•1 y., •t,•
BRAZOS COUNTY SOIL A WATER CONSERVATION DISTI&,,e,*: ~r
AND '
BRAZOS COUNTY COMMISSIONERS COURT
Brazos County Soil and Water Conservation District #450, hereinafter
called the District, and Brazos County Commissioners Court, hereinafter
called the County, does hereby enter into a contractual agreement for the
District to provide soil and water conservation services to the residents
of Brazos County and to the County proper.
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Those services will include, but not be limited to, erosion control,
water management, and rural development. This will be carried out by
planning and application through informal agreements with land users, or,
as required by Federal or State law. An Information and recognition
program will be used to inform the public. Technical assistance is
utilized through a Memo of Understanding between the District and the
USDA - Natural Resources Conservation Service.
Erosion control will keep the land productive for its various uses for
many generations. Sediment resulting from erosion clogs our local steams
reducing water carrying capacity and resulting in local flooding.
Excessive siltation ruins our local wetlands, and; therefore, reduces a
dwindling wildlife habitat. Silt from erosion carries many pollutaants
dirextly into our local streams and rivers. Conservation practices
consists of erosion control structures, erosion control ponds, gully
shaping, diversions, vegetating old fields, proper management of grazing
resources.
Water management includes recommendations for proper irrigation, flood
control, and wter quality. Irrigated crops account for 75% of all water
used. Proper irrigation saves that resource for tomorrows uses including
domestic consumption. Proper irrigation helps to keep agriculture
pollutants from enteting underground water supplies. Conservation
practices include total evaluation of irrigation systems and applicastion
procedures, precision land leveling, and underground pipelines. Water
managemnet includes floodplain management.
The District's role in Rural Development in Brazos County is in providing
fire protection utilizing dry hydrants.' Insurance rates outside the city
limits can be lowered a great deal, as well as provide a reliable source
of water to fight rural fires. Farm ponds provide the water and we plan
the dry hydrant system. The District is evaluating the use of artifical
wetlands to replace septic tank filter fields. The prospects are very
promising, but, much work remains to be done before this technology can
be implemented. Water quality in rural Brazos County will be greatly
inhanced if this method can be used.
VOA ~ 00 7.1
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The District and the County have interaced ever since the inception of
the Districyt in 1942. Many conservation problems affect not only the
individual landowner but the County itself.
The District contracts to the Brazo County to provide the above services
for 1996 FY for ! #+#4vp, G
( TE) (DATE)
Al Jones
County Judge
Brazos County, Texas
A
Preston J. uffi o, III
Chairman
Brazos County SWCD #450
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December 6, 1995
Mr. Preston J. Ruffin, III
Chairman
Brazos County Soil & Water Conservation District
3837 FM 2223
Bryan, Texas 77808
RANDY SIMS
Precinct 3
381.4105
CAREY CAULEY
Precinct 4
3814111
Dear Mr. Ruffin:
Enclosed is a copy of the fully executed agreement between the Brazos County Soil & Water
Conservation District and Brazos County. This document was approved by the Commissioners ,
Court on November 28, 1995.
Please note that the amount to be funded for 1996 was changed to $4,400.00. This is the amount
approved by the Commissioners Court during the budget hearings for FY 1996.
Should you have any questions, please call this office.
Sincerely,
Alvin W. Jones
County Judge
Enclosure
erems CounIY Cou ftwe 300 East 211Ih St • Sulu 118 ` Bryan, Taxes 77803.5327 • Fax: t4" 823-OM
VOL PAGE S&-
`^~r~u+.. k' 4 7 l - L • . ~l. ~a~2/~%,y"' l' ` f k_ C.uit d'..e DIARY NORTON
9
Prednd 1
3814108
Brazos County Commissioners' Court
SANDIE WALKER
Prednd 2 ALVIN W. JONES
3614115 County judge
3814102
k
November 20, 1995
L
TO: Honorable Alvin Jones, County Judge
FROM: John Reynolds
RE: Capital Purchases
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During the recent budget hearings for the 1996 fiscal year many departments made requests
for capital items, i.e. an expenditure that will be more than $200 and have a life expectancy of
F three (3) years or more. For the most part these requests were itemized by department and a
dollar value assigned to the request and the funding for the requests (granted) was to be
provided by the Capital Projects Fund. There is limited funding available in the General Fund
i for capital expenditures.
Thus, the departments do not have any authority to go out and spend County funds for capital
+ im rovements Since the funding is in the Capital Projects Fund only Commissions Court has
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the authority to expend these funds. ' Many departments believe that since their request was
granted at the time of the budget hearings, it will just happen. This is not practical since no
one except the department has the authority to initiate the requisition, and some will require
RFPs.
After talking with Cheryl 'honey and MJ Deen I feel that there needs to be a procedure
established and all departments advised of the process the Commissioners Court would like to
see followed with regards to approved use of these funds. The following is offered for your
review sand commbnts.
Thank You.
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November 20, 1995
TO: All Elected Officials and Department Heads
FROM: Alvin Jones, County Judge
RE: Capital Expenditure Procedure
During the budget hearings many departments made requests for capital expenditures to assist
their office function. These requests were evaluated based on support offered at the time of
the request by each department. The Commissioners Court for the most part approved these
expenditures and set aside funds in the Capital Project Fund to resource them as the requests
are made. The following procedure is to be followed by the departments to access use of these
funds.
PROCEDURE
A Requisition to make a purchase is to begin with the department. The Requisition should be
in writing; it should state the justification for the request and define the specific need; it should
identify the type of equipment being requested (if known); it should state specific functional
requirements. These Requisitions should be directed as follows:
Commodity TD-
Computer and Computer Related Sheri Sandel, Computer and
Peripherals Network Services (4310)
All Other Requests _ Cheryl Turney, Purchasing Agent
(4355)
All Requisitions for Capital Project will be placed before the Commissioners Court for
approval. Once approved by the Commissioners Court the Requesition will be sent to Cheryl
Turney (Purchasing Agent) to be converted to a Purchase Order. The original of the
Purchase Order will be delivered to the vendor, one copy will be delivered to the department,
one copy will be retained by Purchasing. The issuance of the Purchase Order will encumber
funds at the date of issuance.
Once goods are received a receiving report should be forwarded to Purchasing (the Purchase
Order may be used for this purpose). The invoice will be sent directly to the Auditors Office
by the vendor. Purchasing will match the invoice with the Purchase Order, receiving report
and requisition and forward to the County Treasurer to be placed on the next claims 'register.
In the event that an incomplete shipment is received, this information needs to be relayed in
the receiving report to Purchasing. In the event a damaged shipment is received, this
information needs to be relayed to Purchasing ASAP.
Your assistance is appreciated.
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County Engineer Engine ring Aide
OWNER'SzSIGNATURE
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ichard F. Vance, P.E. C.E. (Ed) Iverson
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OWNER'S SI NATURE R" -
DATE 19-5
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County Judge
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Richard F. Vance, P.E. C.E. (Ed) Iverson
County Engineer Engineering Aide
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OWNER'S SIGNATURE
DATE
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