HomeMy WebLinkAbout1996-12-17-0900AM-RegularBRAZOS COUNTY
BRYAN. TEXAS
AGENDA
BY `
BRAZOS COUNTY COMMISSIONERS COURT
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THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
DECEMBER 17,1996 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 Norton.
2. Pledge of Allegiance - Commissioner Norton.
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 matter 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, pleasc give your name and
address for the record.)
Consider and take action on agenda items 4 - 28:
4. Personnel Change of Status.
5. Payment of Claims.
6. Approval of County Payroll.
7. Budget Amendment 96/97-8.
8. Appointment for Justice of the Peace, Precinct #5, to fill the unexpired term of that office.
9. Approval of the official bond for the County Tax Assessor-Collector.
10. Creation of two part-time clerical positions in lieu of one full-time clerical position for
the Road & Bridge Department.
11. Implementation of the position of Pavement Management Technician for Road & Bridge
Department.
12. Adoption of the Roadway Obstruction Policy.
13. Adoption of County Subdivision and Development Regulations .
14. Approval of Trust Funds Depository Agreements for the District Clerk's Office.
15. Approval of Amendment to the Plan Document for the County Health Insurance.
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16. Adjustments to the Flexible Spending Accounts for unreimbursed medical expenses a
dependent care expenses.
17. Requisition from Capital Projects for radios for Emergency Management.
18. Blanket Purchase Orders.
19. Award the following bids for the Road & Bridge Department:
a. Bid 97-010 - Annual Contract for Cold Mix Limestone Concrete
b. Bid 97-011 - Annual Contract for Fencing Supplies
c. Bid 97-013 - Annual Contract for Motor Grader Blades
20. Requisitions let through sealed competitive bids for Road & Bridge:
a. Bid 97-010 - Annual Contract for Cold Mix Limestone Concrete
b. Bid 97.011 - Annual Contract for Fencing Supplies
c. Bid 97-013 - Annual Contract for Motor Grader Blades
d. Bid 96-014 - Renewed Contract for Fence Building
21. Approve and accept donated property located at Constable, Precinct 7, office.
22. Approval to advertise for temporary employment services.
23. Approval to solicit "Request for Proposals" for County Employees Health Insurance.
24. Permission for Road & Bridge to enter Konrad Hannes' property located off Koppe Bridge
Road for the purpose of disposing of dead livestock for the health, safety and welfare of
the general public. Site is located in Precinct I.
25. The Replat of Lots 3 & 4, Block 1, Cowboy Country 4.00 acres, Moses Baine League.
Site is located in Precinct 2.
26. Request from GTE to place a road bore in the right-of-way of South Dowling Road. Site
is located in Precinct 1.
27. Tax Resale Deed and authorization for County Judge to execute deed for 2.55 acres, more
or less, out of the Steven Jones Survey, Abstract 13, more particularly described by metes
and bounds in Volume 112, page 38, Deed Rr:cords to Richard Pena.
28. Approve minutes of Commissioners Court meetings held on October 1, 8, 11, 22, and 29,
1996 and a Commissioners Court Workshop held on October 28, 1996.
29. Acknowledge receipt of monthly reports from department heads and officials.
30. Presentation regarding Quarterly Delinquent Tax Report.
31. Call for citizen input and/or concerns.
32. Announcement of interest items and possible future agenda topics.
33. Adjourn.
The Courthouse 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) 3614102.
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COMMISSIONERS' COURT
REGULAR MEETING
DECEMBER 17, 1996
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, December 17, 1996, 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.
Attached is a list of the citizens and officials in
attendance.
Commissioner Norton gave the invocation and led the
pledge of allegiance.
Under citizen input and/or concerns the following comment
was made:
Sheriff Riggs - informed the Court of a Resolution
adopted by the Commissioners Court of Denton County
after the State of Texas deemed that Denton County
is not eligible for reimbursement for expenses
incurred in the arrest, transportation, detention,
housing feeding and care of the State of Texas
parole violators (Blue Warrants). The Resolution
requests that the Legislature of The State of
Texas, change the requirements to allow Denton
County to be reimbursed at a rate of $35.00 per day
for the arrest, transportation, detention, housing,
feeding and care of parole violators on behalf of
the State of Texas, or allow these parole violators
to be immediately placed in a state facility. He
• asked the Court to place this item on the agenda of
the Commissioners Court meeting of December 31,
1996.
The next matter for consideration was a request submitted
by the County Engineer to create two part time clerk
positions. The first one to be funded at 1,275 hours and the
other to be funded at 1040 hours annually. All this can be
accomplished without a budget increase. On motion by
Commissioner Sims, seconded by Commissioner Walker, the Court
voted unanimously to approve the request of the County
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Commissioners Court meeting December 17, 1996
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Engineer to create two part time positions in the Road and
Bridge Department.
The Court next considered the implementation of the
position of Pavement Management Technician for the Road &
Bridge Department. This position has been held open for quite
a while but a Federal/State Government Mandate says it must be
implemented in 1997. On motion by Commissioner Walker,
seconded by Commissioner Cauley, the Court voted unanimously
to implement the position of Pavement Management Technician
for the Road & Bridge Department.
The Court next considered Budget Amendment #96/97-08,
which would reallocate funds budgeted for County Court at Law
#2 and 361st District Court; create the Juvenile Court Referee
department and transfer funds from Contingency to Jail
Administration and Road & Bridge. On motion by Commissioner
Walker, seconded by Commissioner Cauley, the Court voted
unanimously to approve the budget amendment as submitted, a
copy of which is attached hereto.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
McCannon, Barbara Co Ag Extension Comp Training
Pedersen, Patricia Comp Network Serv Promotion
Ramon, Loretta District Clerk Resignation
LeFlore, Jimmy Road & Bridge New Employee
Watson, Larry T Sheriff Office Resignation
Corbett, Reva L Juv Court Referee New Employee
on motion by Commissioner Sims, seconded by Commissioner
Norton, 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:
97-002313 through 97-002527
On motion by Commissioner Sims, seconded by Commissioner
Walker, the Court voted unanimously to approve the Claims as
submitted.
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Commissioners Court meeting December 17, 1996
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On motion by Commissioner Walker, seconded by
Commissioner Norton, the Court voted unanimously to approve
the County payroll in the amount of $563,000.00 for the period
ending December 19, 1996.
The next matter before the Court was the appointment of
Justice of the Peace, Precinct #5, to fill the unexpired term
of that office. Commissioner Sims moved to appoint Hallie
Dobrovolny to the position. Commissioner Cauley seconded the
motion. Commissioners Norton, Sims, Cauley and the County
Judge voted "Aye". Commissioner Walker voted "No". The
motion carried.
The Court next considered approve of the official bond
for the County Tax Assessor-Collector. On motion by
Commissioner Walker, seconded by Commissioner Cauley, the
Court voted unanimously to approve the bond for the County Tax
Assessor-Collector.
The next matter before the Court was the adoption of the
Roadway Obstruction Policy. The purpose of the policy is to
establish a procedure that deals with existing trees or other
obstructions which may pose a danger to the traveling public
on County roadways. On motion by Commissioner Sims, seconded
'by Commissioner Cauley, the Court voted unanimously to adopt
the Roadway Obstruction Policy. A copy is attached hereto.
The Court next considered the adoption of the County
Subdivision and Development Regulations revision of the 1985
Subdivision Regulations. The purpose of the regulations is to
provide a framework for the orderly and efficient development
of rural and suburban Brazos County. On motion by
Commissioner Walker, seconded by Commissioner Norton, the
Court voted unanimously to adopt the County Subdivision and
Development Regulations revision of the 1985 Subdivision
Regulations. A copy of the regulations is attached hereto.
The Court next considered approval of the Trust Funds
Depository Agreements for the District Clerk's office. The
following banks submitted bids:
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First National Bank
Commerce National Bank
Norwest Bank
First Federal Savings Bank
• on motion by Commissioner Walker, seconded by Commissioner
Norton, the Court voted unanimously to approve the Trust Funds
Depository Agreements with the previously named banks.
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The next matter before the Court was the approval of an
Amendment to the Plan Document for the County Health
} Insurance. On motion by Commissioner Sims, seconded by
Commissioner Walker, the Court voted unanimously to approve
the Amendment to the Plan Document for the County Health
Insurance. A copy of the document is attached hereto.
The Court next considered adjustments to the Flexible
Spending Accounts for unreimbursed medical expenses and
dependent care expenses. In a memo to the Court, Katie
Conner, Assistant County auditor explained that a requirement
of Section 125 of the Tax Code states that all deductions for
a plan year are required to be made within the established "
time from of the plan year. In prior years deductions for
unreimbursed medical and dependent care expenses were
implemented with the second pay in January and continued
through the first pay in January of the following year. She
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went on to suggest that the annual elected deduction be
equally divided by the remaining 23 pay periods in 1997
beginning with the pay period ending January 10, 1997. This
will carry the deduction through December 1997 and enable the
1998 deductions to begin with the first pay in January. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to approve the adjustments to the
Flexible Spending Accounts for unreimbursed medical expenses
and dependent care expenses.
y` The Court next considered approval of a requisition from '
Capital Expenditures for the purchase of a Motorola radio,
i command com and antenna for the Emergency Management Office.
f Cost of the radio and equipment is $1",750.00. On motion by
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Commissioners Court meeting December 17, 1996
Commissioner Norton, seconded by Commissioner Walker, the
Court voted unanimously to approve the requisition in the
amount of $1,750.00 to be paid from Capital Expenditures for
the purchase of a radio for the Emergency Management Office.
The Court proceeded to consider the following Blanket
Purchase Orders:
Dealers Electric Maintenance $1,000
B/CS Eagle Personnel $1,550
Americlean Jail $4,500
On motion by Commissioner Walker, seconded by Commissioner
Sims, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The Court next considered awarding the following bids for
' the Road and Bridge Department:
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Bid No. 97-010 - Cold Mix Limestone Concrete Pavement
Bidders Loaded Loaded/ Loaded Loaded/
Only Hauled Only Hauled
Colorado
Materials NIB NIB 20.00 30.50
Bridges
Asphalt NIB NIB NIB NIB
Vulcan
Materials 13.10 35.36 13.10 35.36
Young
Cont., Inc. NIB NIB 34.00 36.00
Cheryl Turney, Purchasing Agent,
recommended acceptance of the bid
submitted by Vulcan Materials for Loaded
Only and Colorado Materials for Loaded
and Hauled.
Bid No. 97-011 - Fencing Supplies
Cheryl Turney, Purchasing Agent,
recommended acceptance of the bid
submitted by Hicks Post. A copy of the
bid tabulation is attached hereto.
r Bid No. 97-013 - Motor Grader Blades
R.B. Evertt Mustang Valk
Description & Comp Tractor Manuf.
7'x 3/4"x 6" NIB 46.10 36.31
• 71x 3/4"x 8" NIB 67.04 50.40
7'x 5/8"x 6" 28.00• 41.43 27.99
7'x 5/8"x 8" NIB 56.11 40.50
9'x 3/4"x 6" NIB NIB 46.68
91x 3/4"x 8" NIB NIB 64.80
9'x 5/8"x 6" NIB NIB 35.98
' 91x 5/8"x 8" NIB NIB 52.07
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Commissioners Court meeting December 17, 1996
Cheryl Turney, Purchasing Agent,
recommended acceptance of the bid
submitted by Valk Manufacturing.
On motion by Commissioner Walker, seconded by Commissioner
Norton, the Court voted unanimously to accept the recom-
mendations of the Purchasing Agent and award the contracts as
stated above.
The Court next considered the following requisitions for
purchases through sealed competitive bids for the Road and
Bridge Department:
Bid Amount
1) No. 97-010 - Coldmix Limestone $39,300.00
Loaded Only - Vulcan Materials
Loaded & Hauled - Colorado Materials
2) No. 97-011 - Fencing Supplies $ 9,331.00
Hicks Post
3) No. 97-013 - Motor Grader Blades $42,008.00
Valk Manufacturing
4) No. 96-014 -Fence Building Contract $ 30,000.00
renewed
On motion by Commissioner Norton, seconded by Commissioner
Cauley, the Court voted unanimously to approve the above
listed requisitions for the Road and Bridge Department.
The next matter for consideration was the acceptance of
donated property located at the office of Constable, Precinct
7. On motion by Commissioner Norton, seconded by Commissioner
Sims, the Court voted unanimously to accept the equipment
listed below as donated property to Brazos County located at
the offices of Constable Precinct 7:
qty. Description Vendor Date Current Value
5 Keyboard Hartwell 8/31/92
1 Multiplexor/
Server Hartwell 8/31/92 $3,000.00
2 Panasonic
Printer Hartwell 8/31/92 $1,000.00
4 B/W Monitor Hartwell 8/31/92 $ 800.00
r• 1 HP Printer
Desk Jet Hartwell 8/31/92 $ 700.00
The, Court next considered approval to advertise for
temporary employment services. On motion by commissioner.
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Commissioners Court meeting December 17, 1996
unanimously to authorize the Purchasing Agent to advertise for
temporary employment services.
The next matter for consideration was approval for the
Purchasing Agent to advertise for proposals for Stop Loss
Insurance for the Brazos County Health Insurance Program. On
motion by Commissioner Norton, seconded by Commissioner Sims,
the Court voted unanimously to authorize the Purchasing Agent
to advertise for proposals for Stop Loss Insurance for the
Brazos County Health Insurance Program.
The Court next considered authorizing work outside of
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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 Konrad Hannes on
Koppe Bridge Road to dispose of dead livestock. on motion by
Commissioner Norton, seconded by Commissioner Cauley, the
Court voted unanimously to authorize the work.
The Court next considered approval of the Replat of Lots
3 & 4, Block 1, Cowboy Country' Subdivision in Precinct 2.
Richard Vance, County Engineer, stated that he had reviewed
the plat and offered the following comments:
1) The notations on FM 2223 should say 26 feet
pavement width rather than 26 feet gravel road.
2) Add "Vacating Plat" and "Resubdividing Plat"
notation at appropriate locations.
On motion by Commissioner Walker, seconded by Commissioner
Norton, the Court unanimously approved the Replat of Lots 3 &
4, Block 1, Cowboy Country Subdivision subject to the
developer complying with the eXceptions noted by the County
Engineer.
The Court next considered the request from GTE to place
a road bore in the right-of-way of South Dowling Road. The
site is located in Precinct 1. The County Engineer stated
that all appeared to be in order and recommended approval. on
motion by Commissioner Norton, seconded by Commissioner
Walker, the Court voted unanimously to approve the request
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Commissioners Court meeting December 17, 1996
from GTE and authorized the installation. A copy of the
request is attached hereto.
On motion by Commissioner Walker, seconded by
Commissioner Cauley, the Court voted unanimously to authorize
the County Judge to execute a Tax Resale Deed to the following
individual:
Richard Pena - 2.55 acres, more or less, out of the
Steven Jones Survey, Abstract 13 more particularly described
by metes and bounds in Volume 112,page 38, Deed Records.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held in October, 1996 on the
following dates: 1, 8, 11, 22, and 29 and Workshop held on
October 28, 1996. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the minutes as submitted.
The Court acknowledged receipt of the Extension Service
reports for November 1996 and acknowledged receipt of reports
from County and Precinct offices showing revenues collected
and remitted to the County Treasurer. An excerpt from those
reports is attached hereto.
The Court next heard a presentation by Shelburne J.
Veselka, representative of McCreary, Vesleka, Bragg & Allen,
in reference to the Quarterly Delinquent Tax Report for the
period of September 1, 1996 through November 30, 1996. In his
presentation Mr. Veselka informed the Court that his firm had
filed seventy (70) suits against delinquent tax payers.
There was no citizen input and/or concerns.
The County Judge made the following comments:
1) He commented that the heating and air
conditioning at the Juvenile Center fall in with
energy savings.
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2) He informed the Court of impending legislation
sponsored by Representative Dan Kubiak concerning
imminent domain.
3) .There will be a hearing in Austin on Thursday,
December 19th with the Transportation Commission
and the Chamber of Commerce before the Highway
Commission concerning highway projects funded in
the up coming year.
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Commissioners Court meeting December 17, 1996
4) He asked if there was a policy on the payment
of memberships to national associations.
5) Announced there would be no meeting again until
December 31, 1996 and wished all a happy holiday.
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 December 17, 1996 have been examined and are approved in
open Court this the f day of -MFC• 19~, .31 in Bryan, Brazos County, Texas.
Alvi W. oneE~V Gary No n
County Judge Commi i ner, Precinct 1
Sandie W ker andy S
Commissioner, Precinct 2 Commiss'oner, Precinct 3
Car y Cau ey, Jr. Mary An Ward
Commissio er, Precinc 4 County Clerk
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1995-1996 BUDGET YEAR
NO. 96/97-08
On this the 17th day of December 1996 at a regular 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 December 17, 1996, the Court heard and
approved a budget amendment for the 1996-1997 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 August 8, 1996
the following amendment(s) to the original are hereby authorized,
as described on the attached page(s).
ADOPTED AND APPROVED this the 17th day of December 1996
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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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
NO. 96/97 - 8
II
FD
DIV
ACCT
PROJ
Dr/Cr
DESCRIPTION
Increase
Decrease
01
231001
521000
Dr
Employment Services
500.00
01
231001
516400
Cr
Hourly - Temporary
200.00
01
231001
606000
Cr
Office Supplies
200.00
01
231001
614500
Cr
Miscellaneous Expense
100.00
County Court at Law No. 2 - To reclassify line item budget to allow for the fee
for employment services incurred for a part-time employee.
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Prepared By:
MKW
Approved By:
Date: 1211 196
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12/11/96
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
NO. 96/97 - 8
FD DIV ACCT PROJ Dr/Cr ACCOUNT NAME Increase Decrease
01 222001 521000 Dr Employment Services 806.00
01 222001 618010 Cr Travel 806.00
3619t District Court: To move money from travel to employment services to allow for
for a tem orary secretary until permanent secretary can be hired.
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Prepared By: IFJ Approved By: ~.1...
Date: 12/13196 Date: 12. 17-~tL •
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
NO. 96/97 - 8
FD
DIV
ACCT
PROJ
Dr/Cr
ACCOUNT NAME
Increase
Decrease
01
225001
516300
Dr
Hourly - Part time
22,731.00
01
225001
531000
Dr
Social Security
1,73900
01
225001
532000
Dr
Retirement
1,591.00
01
225001
538000
Dr
Worker's Compensation
45.00
01
225001
539000
Dr
Unemployment
170.00
01
225001
606000
Dr
Office Supplies
500.00
01
225001
610600
Dr
Bonds
50.00
01
225001
611100
Or
Conference 8 Seminar Fees
250.00
01
225001
614600
Dr
Pagers
50.00
01
225001
618010
Dr
Travel
750.00
01
110015
611300
Cr
Contingency
27,876.00
Juvenile Court Referee: To create new division 8 operating budget for Juvenile Court Referee
Annual
Position No.
Balm
4262
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30,000
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Date: 12/12/96 Date: /t//s/9iv v
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS j
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NO. 96/97 - 8
FD
DIV
ACCT
PROJ
Dr/Cr
DESCRIPTION
Increase
Decrease
01
280020
516150
Dr
Hourly - Law Enforcement
147,321 00
01
280020
531000
Dr
Social Security
11,271.00
01
280020
532000
Dr
Retirement
10,313 00
01
280020
533000
Dr
Health Insurance
21,375 00
01
280020
538006
Dr
Worker's Compensation
3,68400
01
280020
539000
Dr
Unemployment
1,10500
01
110015
611300
Cr
Contingency
195,069 00
Jail Administration Division - To adjust salary and benefits for 9 new
positions approved at the December 10, 1996 Commissioner's
Court meeting
Salary to complete fiscal year
Positions
4032-55
thru
4032-63
$16,369 00 each
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Prepared By: KDC Approved By:
Date: 12/13/96 DATE .13
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BUDGET AMENDMENTS
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DIV
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Increase
Decrease
11
560001
516100
Or
Hourly - Staff
7.91000
11
560001
516300
Or
Hourly - Part Time
18,805 00
11
560001
531000
Or
Social Security
2.04400
11
560001
532000
Or
Retirement
1.87000
11
560001
538000
Or
Worker's Compensation
131 00
11
560001
539000
Or
Unemployment
20000
11
560001
611300
Cr
Contingency
30,960 00
Road and Bridge Division - To create two new positions to start January 1, 1997
and to reduce one position to part time
Sala thru end of ear
Positions
4501-2
$ 26,068 00
8065-1
$ 12.886 00
1
8068-1
$ 5.91900
Prepared By: KDC Approved By: i/i
Date: 12-13-96 Date: z-/)
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The purpose of this policy is to establish a prccedure that deals with ex►stling trees or
other obstructions which may pose a danger to the traveling public on County roadways
Since 1974 the Brazos County Subdivision Regulations have addressed the issue with
substantial clarification being made with the revision of the Subdivision Regulations ►n 1985
These regulations are very clear that all roads must be cleared from nght-0f--way line to nght-of-
way line with the exception of esplanades which are properly installed
As traffic increases on our rural roads ►t behooves us to reconsider existing trees or other
possible hazards in an effort to improve County roadway safety standards, bring them ►n
conformance with State standards and further reduce liability exposure
Texas Department of Transportation Standards require a minimum clear zone (from edge
of pavement to obstruction) of ten feet (10) for local streets and collectors with a speed of 40
mph or less. For speeds of 45 mph or higher and traffic counts of 750 to 1500 vehicles per day -
a sixteen feet (16) minimum clearance ►s required
Brazos County roads are more diverse than those of TxDoT as there are low
speed subdivision roads as well as long straight high speed roads. Therefore, the
Brazos County Commissioners Court adopts the following policy with regards to this
Issue.
Any obstruction brought to the attention of any commissioner
will be evaluated by the County Engineer based on its,
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1. proximity to the roadway
2 the possible speeds of vehicles at that location and
3 the geometric layout
The nsk managemant officer will also assess the obstruction
and attach a letter of recommendation to that of the Engineers'
The Engineer will, ►n wntting, advise the respective County
Commissioner ( ►n whose precinct ►t lies ) of his findings and
prepare the necessary documentation for Commissioners' Court '
VOr.PACER.
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In certain cases where citizens may have an adverse reaction
to the obstruction removal, a review of modifiying the road geo-
metry to maintain a safe roadway can be analyzed. However,
under no circumstances will the County purchase additional
nght-0l--way or matenals for the sole purpose of keeping an
obstruction ( which lies wholly in the County Right-of-way ) for
aesthetics or sentimental reasons.
Adopted by Brazos County Commissioners Court this 17
t day of December 1996.
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SUBDIVISION AND DEVELOPMENT REGULATIONS
TABLE OF CONTENTS
Page Number
ARTICLE I.
PREAMBLE AND PURPOSE .............................................1
ARTICLE II.
DEFINITIONS ......................................................2
ARTICLE III.
GFNFI ALREQUIREMENTS .............................................4
ARTICLE IV.
PLATS, PROCEDURE AND REQUIREMENTS ................................5
ARTICLE V.
SUBDIVISIONSREQUIREMF.NTS .......................................10
ARTICLE VI.
STREET DESIGN AND CONSTRUCTION WITHIN SUBDIVISION ...............16
ARTICLE VII.
WASTE WATER TREATMENT RESTRICTION ...............................19
ARTICLE VIII.
CONSTRUCTIONSTANDARDS ..........................................21
ARTICLE IX.
BONDING REQUIREMENTS FOR FILING OF PLAT
PRIOR TO CONSTRUCTION ...........................................29
ARTICLE X.
REQUIREMENT FOR FILING PLAT IF NO SECURITY GIVEN ................32
ARTICLE XI.
ACCEPTANCE OF STREETS AND OTHER IMPROVEMENTS
FOR FINAL PLAT FILING ...........................................32
ARTICLE XII.
MAINTENANCE .....................................................32
ARTICLE XIII.
VARIANCES .......................................................34
ARTICLE XIV.
OTHERPROVISIONS ................................................34
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SUBDIVISION AND DEVELOPMENT REGULATIONS
REGULATING THE FILING FOR RECORD OF SUBDIVISION PLATS
AND ESTABLISHING CONSTRUCTION STANDARDS AND OTHER
REQUIREMENTS PERTINENT THERETO FOR ALL SUBDIVISIONS
SITUATED OUTSIDE THE BOUNDARIES OF ANY INCORPORATED
TOWN OR CITY IN BRAZOS, COUNTY, TEXAS.
THE STATE OF TEXAS S IN THE COMMISSIONER COURT
COUNTY OF BRAZOS § OF BRAZOS COUNTY, TEXAS
It is ordered by the Commissioners Court of Brazos County,
Texas, on this the 17th day of December, 1996, that the
requirements and policies for the subdivision of certain property
and construction of roads and streets in such subdivisions in
Brazos County, Texas, under the provisions of Chapter 232 of the
Local Government Code, Vernon's Texas Codes, be the following:
ARTICLE I.
PREAMBLE AND PURPOSE
A. Purpose. These Subdivision and Development Regulations
have been adopted by the Brazos County Commissioners Court to
provide a framework for the orderly and efficient development of
rural and suburban Brazos County.
B. Authority. These Subdivision Regulations have been
adopted based on the following findings:
1. The Commissioners Court of Brazos County has the
authority to regulate the subdivision process
pursuant to Local Government Code, § 232.001
et.sea.;
2. The Brazos County Health District has been
designated by the Texas Natural Resource
Conservation Commission as the authorized agent
for the licensing and regulation of on site
sewerage facilities within Brazos County and these
Regulations are a necessary component of such
regulation;
3. The Commissioners Court of Brazos County has the
authority and obligation to exercise general
control over the roads, highways and bridges of
Brazos County;
4. The Commissioners Court of Brazos County has been
granted the authority and responsibility under the
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Federal Emergency Management Act to administer
floodplain guidelines within the County;
5. The Commissioners Court of Brazos County has
considered the potential pollution, nuisances and
injury to public health that could be caused by
the use of private sewerage facilities within the
County and has adapted these Regulations to abate
or prevent the potential pollution, nuisances or
injury to public health.
6. The Commissioners Court of Brazos County has the
authority and obligation to protect the public
health, safety and welfare of the citizens of
Brazos County.
C. Necessity. The Commissioners Court of Brazos County,
following public notice and hearing, has declared and hereby
declares these Regulations to be necessary and appropriate to
accomplish the purposes and goals enumerated above.
ARTICL$ II.
DEFINITIONS
A. Definitions. As used in these regulations, the
following words shall have the meanings set forth below:
1. "ADDITION" - addition shall have the same meaning as
subdivision as defined herein.
2. "COMMISSIONERS COURT" - the duly elected and serving
County Judge of Brazos County and the four (4) County
Commissioners.-
3. "COUNTY COMMISSIONER" - the duly elected and serving
Commissioner of Brazos County in whose Commissioner
Precinct the proposed subdivision is located.
4. "DWELLING UNIT" - Any building or structure, other than
a Single Family Residence, connected to or served by a
sewerage facility, including multi-family apartment
complexes, any residential development other than
Single Family Houses (i.e. tri or quad plexes),*retail
or wholesale stores, warehouses, commercial storage
facilities, covered parking facilities and all other
commercial facilities and industrial facilities.
5. "ENGINEER" - a registered Professional Engineer,
licensed by the State of Texas in accordance with
existing laws.
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6.
"EXTRATERRITORIAL JURISDICTION" - that unincorporated
area contiguous to the corporate boundaries of a city
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and which is within the distance authorized by law to
be claimed by such city as its Extraterritorial
Jurisdiction. Such area comprising the
Extraterritorial Jurisdiction for each city is
evidenced on maps on file in the office of the
secretary of such city.
7.
"FINAL PLAT" - A map of a proposed Subdivision of land
prepared in a form suitable for filing of record with
all necessary survey drawings, notes, information,
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affidavits, dedications and acceptances as required by
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these Regulations.
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"HEALTH DISTRICT" - The Brazos County Health District.
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9.
"MORTGAGEE" - the person, firm, corporation, or other
legal entity, holding any mortgage, deed of trust lien,
or other encumbrance, covering the tract of land sought
,
to be subdivided pursuant to these regulations, or any
portion of such tract.
10.
"ORIGINAL TRACT" - The original tract of land owned by
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an Owner prior to the proposed Subdivision.
11.
"OWNER" - the person, firm, corporation or other legal
entity, or combination thereof, owning legal fee simple
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title to the tract of land sought to be subdivided
pursuant to these regulations. Also referred to as a
"SUBDIVIDER".
12.~
"PERMITTED AEROBIC ON-SITE WASTE WATER SYSTEM - An on-
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site system of sewage disposal, which has been licensed
by the Brazos County Health District, utilizing an
aerobic treatment system designed to encourage use of
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the effluent for irrigation on the premises and with
all effluent meeting the criteria established by the
Health District.
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"PRELIMINARY PLAN" - A map of proposed Subdivision of
land showing the general dimensions and boundaries of
the Resulting Tract, the lay out of the proposed
streets and other information required by these
Regulations.
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14.
"PRIVATE SEPTIC SYSTEM" - On or off site sewerage
facilities including septic tanks, sewage holding
tanks, chemical toilets, treatment tanks and all other
,
such facilities and systems other than Public Sewer
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Systems.
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15. "PUBLIC SEWER SYSTEM" - Any public or private sewerage
system for the collection of sewage that flows into a
treatment and disposal system that is regulated
pursuant to the rules of the Texas Natural Resource
Conservation Commission and Chapter 26 of the Texas
Water Code.
16. "RAINFALL CATCHMENT SYSTEM" - Any system for capturing
rainwater and converting it to household use without
reliance on a well or other, which is approved by the
Brazos County Health Department.
17. "RESULTING TRACT" - Any tract to be created by the
division of the Original Tract pursuant to the
proposed Subdivision application, including the
remainder of the Original Tract.
18. "SUBDIVISION" - any division of a tract of lands into
two (2) or more parts to lay out a subdivision of the
tract,-including an addition, or to lay out suburban
lots or building lots, and to lay out streets, alleys,
squares, parks or other parts of the tract intended to
be dedicated to public use or for the use of purchasers
or owners of lots fronting on or adjacent to the
streets, alleys, squares, parks or other parts. The
term includes a re-subdivision of any tract in an
existing subdivision, and when appropriate to the
context, shall relate to the process of subdividing or
to the land subdivided. A division of a tract includes
a division regardless of whether it is made by metes
and bounds description in a deed of conveyance, or in a
contract for deed or other executive contract to convey
or•in a lease (other than agricultural and hunting
leases) or by using any other method of conveyance.of
an interest in land.
19. "SURVEYOR" - a Registered Public Surveyor, licensed by
the State of Texas in accordance with existing law.
ARTICLE III.
GENERAL REOUIREMENT
A. Subdividing of Property. The owner or owners of any
tract of land situated outside the boundaries of any incorporated
town or city in Brazos County, Texas, who, subsequent to the
effective date of these regulations, has divided or will divide
the same in two (2) or more parts for the purpose of laying out
any subdivision of any such tract of land, or for laying out
suburban lots or building lots and to lay out, streets, parks,
alleys, or squares, including and addition, or other portion
intended for public use, or for the use of the purchasers or
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ARTICLE IV.
LATE. PROCEDURE AND REOUIREMENTS
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owners of such lots fronting on or adjacent to the streets,
alleys, squares, parks or other parts of such tract, must comply
with the rules and regulations adopted herein. A division of a
tract includes a division regardless of whether it is made by
metes and bounds description in a deed of conveyance, or in a
contract for deed or other executive contract to convey or in a
lease (other than agricultural and hunting leases) or by using
any other method of conveyance of an interest in land.
B. Invalidity. In the event that any portion of these
specification should be held unconstitutional, or invalid, other
parts hereof shall not be affected thereby and they shall be held
in effect unless and until otherwise changed by the Commissioners
Court of Brazos County, Texas, and so recorded in its Minutes.
C. Health Issues. Owners of properties in Brazos County
subdividing or resubdividing the same shall familiarize
themselves with the rules for sanitation and avoidance of water,
air, or other types of pollution as established by Federal or
State statute or regulation or by the Health District. Special
attention is called to regulations adopted by the Commissioners
Court of Brazos County, Texas relating to private sewage
facilities.
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A. Stages of Platting. The provisions of Section 232.002
of the Local Government Code, shall apply, with respect to
obtaining approval from the Commissioners Court before filing the
plat with the County Clerk and before conveyances by deed or
contract of sale may be made. No subdivision shall be permitted
until the owner has satisfied each of the following steps in the
order indicated:
1. (FIRST PHASE/ PRELIMINARY PLAN) Owners of Property
contemplating the conversion of raw or other types
of lands into a subdivision as defined herein,
shall (a) develop a preliminary plan in sketch
form which shall include proposed lots, streets,
drainage, and sewage requirements (b) delineate
any property within the tract lying below the 100
year flood plain; and (c) submit same to the
County Commissioners Court, Brazos County
Courthouse, Bryan, Texas. The Commissioners Court
and County Engineer will review the preliminary
plan and, if appropriate, will inform and discuss
with the Subdivider the results of the review.
2. (SECOND PHASE/ PRELIMINARY PLAN) Following the
procedure outlined in Paragraph IV A.1, above, if
the Subdivider decides to continue with his
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project, he shall prepare a Preliminary Plat for
submission to the Commissioners Court with an
application for conditional approval. If the
review of this Preliminary Plat by the
Commissioners Court and County Engineer is found
to be in conformance with the requirements set
forth herein, it will grant conditional approval,
subject to conditions specified in the official
minutes of the Commissioners Court. In addition, a
letter of acknowledgement from the Health District
and all other entities or organizations proposed
as the providers of utilities to the tract shall
be required at this time. The approval of the
Preliminary Plat, shall expire within six (6)
months of the day it is granted unless an
extension is applied for and granted by the County
Engineer and County Commissioners Court.
3. (THIRD PHASE/FINAL PLAT) After approval of the
Preliminary Plat the Owner shall (a) stake out the
tract on the ground in accordance with the
conditional approval given to the Preliminary
Plat; (b) post a construction bond to guarantee
completion of improvements stipulated, or
alternatively, complete all streets and other
improvements and obtain acceptance thereof as set
forth in Article XI hereof and; (c) submit a
Final Plat for approval by the Commissioners
Court. The Court shall then review the Proposed
Final Plat, and other material or documents, and
grant its approval of the Final Plat, or inform
the Subdivider of the additional requirements
before approval of the Final Plat. After final
approval of the plat and acceptance of the bond
the Subdivider shall record the approved Final
Plat and other documents with the County Clerk and
can then proceed with his development plans and
programs, and thereafter, the sale of tracts
within the subdivision.
Note:
A County Clerk commits an offense
if the Clerk or the Clerk's Deputy
files or records a plat or replat
in violation of these regulations
B. Additional Requirements for Final Plat of Subdivision.
A request for approval of a proposed Final Plat will satisfy all
the following requirements:
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1. Concurrently with the filing of an application for.
Final Plat approval, an Owner seeking to construct
streets that will be accepted by the County for
maintenance, shall submit the following:
(a) Construction Plans for all streets within the
subdivision including plan and profile;
(b) A certification under the seal of a j
Professional Engineer that the Construction
Plans are in compliance with these
Regulations;
(c) The anticipated cost, per linear foot, of
each street; and
(d) The total estimated construction cost of all
of the streets proposed to be constructed
within the subdivision.
2. Concurrently with the filing of an application for
Final Plat approval seeking approval of a
Homeowners Association to maintain the streets
within the Subdivision shall submit the following:
(a) Ready-for-execution copies of the articles of
incorporation and bylaws of the Homeowners
Association, which has effective revenue
capacity and enforcement procedures to fund
the road maintenance contemplated for the
subdivision.
(b) The anticipated cost, per linear foot, of
each street proposed to be constructed within
the Subdivision;
(c) The total estimated construction cost of all
the streets proposed to be constructed within
the Subdivision; and
(d) The minimum annual assessments that will be
imposed upon members of the Homeowners
Association.
C. Recorded Plat. Within ( ) days following
approval of the Final Plat, the Owner shall present a Record-Plat
to the County Engineer for final approval and delivery to the
County Judge for execution. The Record Plat shall contain, or be
submitted with, the following:
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5.
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9.
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All revisions necessary to comply with any
conditions to approval of the Final Plat
stipulated by the Commissioners Court.
Final Construction Plans for all streets and
drainage improvements, certified under the seal
of a professional engineer to be in compliance
with these Regulations.
Construction and maintenance security required
under Articles IX and XII or executed articles of
incorporation and bylaws for an approved
Homeowner's Association, as applicable.
All boundaries and dimensions and certified to as
to accuracy by the Engineer or Surveyor preparing
the same from an actual survey on the ground. It
also must show in reasonable detail the location
and width of existing and dedicated streets, lots,
and utility and drainage easements, and similar
facts regarding all property immediately adjacent
thereto.
All information shall be prepared at a scale so as
to be legible after the reduction and recording
process.
A location map showing the location of the
subdivision in Brazos County.
A clear delineation of any property lying below
the 100 year flood plain elevation, as established
by the Corp of Engineers, or a note to the effect
that "Information regarding areas of this property
subject to the flooding (100 year flood plain) has
not been developed by the U. S. Corps of
Engineers. Buyers of property are cautioned to
make personal inquiry as to local flood hazards."
An outlined note to the effect that "A Flood Plain
Permit" will be required on all tracts prior to
the construction of any structure. The permit may
be obtained from the county Engineer's office at
2617 Highway 21 West, Bryan, Tx. 77803 (409 822-
2127).
A clear delineation of any area within the
subdivision known to'Owner, Surveyor or Engineer
to be subject to frequent flooding.
An outlined note to the effect that "No private
sewage facility may be installed on any lot in
this subdivision without the prior issuance of a
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license by the Brazos County Health District under
the provisions of the Private Sewage Facility
Regulations adopted by the Commissioners Court of
Brazos County, pursuant to the provisions of the
Texas Water Code."
A Letter of Acknowledgement from the Brazos County
Health District Shall be Required.
10. Certificates and Dedications as follows:
(a) Certificate of Ownership and Dedication
as follows:
"I (or we) owner(s) of
the land shown on this plat and designated
herein as , a subdivision
in Brazos County, Texas, hereby dedicated to
the use of the public forever all rights-of-
way, easements, and other public places shown
herein.
Signature
With appropriate acknowledgement(s).
(b) A Certificate of Mortgagee, if any, as
• follows:
"The undersigned, holder of a deed of trust
lien or other encumbrance against the
property subdivided herein, hereby joins in
the dedication of all streets, alleys, parks,
and utility easements to the public as set
forth in the Owner's Certificate hereon.
Dated this day of
Mortgagee
With appropriate acknowledgement(s).
(c) A Certificate of Registered Public
Surveyor as follows:
Registered Public Surveyor
in the State of Texas, hereby certify that
this plat is trud and correct, was prepared
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from an actual survey of the property made on
the ground under my supervision.
Surveyor
With appropriate acknowledgement(s).
(d) A Certificate of Registered Professional
Engineer as follows:
Registered Engineer, in the
State of Texas, hereby certify proper
considerations have been given to the
improvements described herein.
"This subdivision plat was duly approved by
the Commissioners Court of Brazos County,
Texas, as the Final Plat of such subdivision
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on the day of 19_.
Signed this the day of 19_.
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Engineer
.(e) A Certificate of Approval as follows:
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"This subdivision plat was duly approved by
the Commissioners Court of Brazos County,
Texas, as the Final'Plat of such subdivision
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on the day of 19_.
Signed this the day of 19_.
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County Judge
Brazos County, Texas
(f) A Certificate of the County Clerk as
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follows:
"I, County Clerk of Brazos
County, Texas, do hereby certify that this
plat, with its certificates of authentication
was filed for record on the day of ,
19 , and duly recorded in Volume
Page , official Records of Brazos'
County, Texas.
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County Clerk
Brazos County, Texas
11. The name of the subdivision, number of acres
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contained therein, the survey in which it is
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located, and a list of streets by name showing
centerline length of street.
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12. Such other information as necessary to comply with
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and describe the requirements imposed by these
regulations.
13. On plats of subdivisions within the
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extraterritorial jurisdiction of any city, such
other and further information as may be required
by such city.
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14. A clear delineation of all existing
recorded easements lying within the
boundaries of subdivision
(pipelines, utilities, drainage,
etc.)
D. Form of Final Plat. The Final Plat shall be an
original drawing on Mylar Material, or other paper approved by
the Commissioners Court, with true dimensions to correspond with
the Engineer's scale as described on said plat. The Plat must be
on one.or more sheets measuring twenty-four (24) inches wide and
thirty-six (36) inches long in size, with a two and one-half (2
1/2) inch binding margin on the left of said sheet, and an
appropriate margin on each of the other three (3) sides. Where
the area being subdivided will not fit in the aforesaid
dimensions, two (2) or more sheets shall be used. If two (2) or
more sheets are used, a key map showing the entire area shall be
drawn on the first sheet, or on a separate sheet. Eight copies
will be required. Also, a computer disk of the Plat will be
required when applicable.
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E. Fees. Fees of the Office of the County Clerk in the
amount then in effect shall be paid at the time the Final Plat is
filed.
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ARTICLE V.
SUBDIVISION REQUIREMENTS
A. Subdivision Within a City Extraterritorial
Jurisdiction. Subdivisions within the extraterritorial
jurisdiction of any city shall conform to the following
requirements:
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1. Any subdivision located within the
extraterritorial jurisdiction of any city shall
conform to the subdivision and construction
requirements then in effect of such city, except
that:
a. no utilities may be placed in the street
rights-of-way, but shall be placed in utility
easements provided for that purpose; except
that with a 100' right-of-way this provision
may be waived by Commissioners Court.
b. the entire width of all street rights-of-way
shall be cleared; and
c. any requirements of these regulations that
exceed the requirements of said City or are
not imposed by said City shall be met.
The Commissioners Court shall be the final
authority of whether or not a particular
requirement of these regulations shall be imposed
on proposed subdivisions within the
extraterritorial jurisdiction of a city,
regardless whether or not assurance is received
from the applicable city that the entire
subdivision will be annexed prior to the
expiration of the two (2) year maintenance period
provided for in Article XII of these Regulations.
The Plat shall require joint approval of the City
and the Commissioners Court and any bond filed
shall be payable jointly to the City and County
Judge as specified herein.
2. In subdivisions within the-extraterritorial
jurisdiction of a city, the owner shall notify the
Commissioners Court, at the beginning of the
City's administrative process, of his intention to
subdivide his property, and seek approval of the
proposed plats. The Owner shall at that time
deliver a copy of the proposed plat to the County
Engineer. Thereafter, the Owner shall advise the
Commissioners Court of the status of the project
from time to time during the City's administrative
process. After final approval and signing of the
Plat by proper officials of the City, the Plat and
Construction Bond, if a bond is to be posted by
the Owner, shall be submitted to the Commissioners
Court for approval.
3. It shall be duty of the person filing the Plat to
ascertain if the tract or subdivision falls within
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the extraterritorial jurisdiction of a
municipality.
B. Rural Subdivision of Less than One Acre. Subdivisions
outside the extraterritorial jurisdiction of any city where any
lot is less than one (1) acre shall conform to the following
requirements:
1. Any subdivision located outside the
extraterritorial jurisdiction of any city which
contains any lot less than one (1) acre in size
shall conform to the City of Bryan standards for a
comparable subdivision if located within that
City, except that:
a. no utilities may be placed in the street
rights-of-way, but shall be placed in utility
easements provided for that purpose, except
that with a 100' rights-of-way this provision
may be waived by Commissioners Court.
b. the entire width of all street rights-of-way
shall be cleared; and
c. any requirements of these regulations that
exceed requirements of said City or are not
imposed by said city shall be met.
2. The Commissioners Court shall be the final
authority of whether or not a particular
requirement of these regulations shall be imposed
outside the extraterritorial jurisdiction of any
municipality in the County.
3. Subdivisions described in Paragraph V.B above
shall, in addition to the City of Bryan standards,
meet the requirements of Section IV; Section V.C.
to the extent that such requirements exceed such
City's standards; Section VIII; Section IX;
Section XI; Section XII; and Section XIII.
C. Rural Subdivision of One Acre or More. Any subdivision
located outside the extraterritorial jurisdiction of any city
where all lots exceed one (1) acre in size shall conform to the
following requirements:
1. The name of the proposed subdivision must not be
the same or deceptively similar in spelling to the
name of any other subdivision in Brazos County.
Street names shall be used which avoid duplication
or similarity to any existing street in Brazos
County or within any city therein. Streets which
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are a continuation of any existing street shall
take the name of the existing street.
Lot and block numbers are to be arranged in a
systematic order and shown on the plat in distinct
and legible figures.
Boundary lines must be shown by bearings and
distances, calling for the lines of established
surveys, landmarks, school districts, and other
data furnished, sufficient to locate the property
on the ground. All blocks, corners, and angles in
streets and alleys shall be marked with a 3/4 inch
galvanized pipe two feet (21) long, or with an
appropriate concrete or other type marker approved
by the Commissioners Court.
Location of lots, streets, parks, easements, and
other features must be shown with accurate
dimensions in feet and decimals of feet. Length of
radii and arcs of all curves, with bearings of all
tangents, must be shown, also distances from all
angle points and points of curve to lot lines.
Minimum lot frontage shall be 70 feet
Arterial, or main lateral streets, or set back
lines, are to be provided in locations where the
Commissioners Court, and the County Engineer
consider them necessary. Driveway entrances
directly onto highways and thoroughfares are
discouraged by the County and the Commissioners
Court reserves the right to reject a plat for
final approval if the lots within such subdivision
provide for direct driveway entrance onto and off
of highways and thoroughfares.
Designated thoroughfares shall have a minimum
right-of-way of one hundred feet (100'). All other
streets must provide unhampered circulation
through the subdivision and shall have a minimum
width of right-of-way of seventy feet (701),
unless otherwise approved by Commissioners Court.
Where a dead-end street is designed to be so
permanently, a cul-de-sac shall be provided at the
closed end having an outside roadway diameter of
one hundred feet (1001). Dead-end streets may be
platted where the Commissioners Court and the
county Engineer deem desirable and where the land
adjoins property not subdivided, in which case,
the streets shall be carried to the boundaries
thereof. Where a proposed subdivision abuts an
existing county road having less than the minimum
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required right-of-way, the Owner shall dedicate or
cause to be dedicated sufficient additional right-
of-way to meet minimum County requirements.
Maximum length of cul de sac and dead end portions
of streets shall be 1000 feet.
7. All streets are to intersect at ninety (90) degree
angle; where this is not possible, the
intersection on the side of the acute angle must
be cut back at a minimum fifty feet (501) radius,
as specified by the County Engineer.
8. In cases where new streets, as platted, intersect
with established streets, the new streets shall
be, if practicable, a continuation without offset
of any intersecting street on the opposite side of
said established street.
9. No street shall have an abrupt offset, "jog", or
sharp turn of less than a radius of 300R. For
maintenance and safety reasons, the County favors
and encourages sweeping curves when planning the
proposed subdivision.
10. Where streets in an adjoining subdivision dead-end
at the property line of the new subdivision, the
said streets shall be continued through the new
subdivision, either on a straight line, or a curve
as provided elsewhere herein. Where no adjacent
connections are platted, the streets in the new
subdivision must in general be the reasonable
projections of streets in the adjacent subdivided
tracts. All streets in new subdivisions shall be
platted so that a continuation of said streets may
be made in other subdivisions in the future.
11. Where part of a street has been dedicated in an
adjoining subdivision adjacent to and along the
common property line of two (2) subdivisions,
enough width of right-of-way must be dedicated in
the new subdivision to provide the minimum width
specified herein.
12. No squares, "islands", or other obstructions to
traffic shall be reserved within the right-of-way;
this shall not exclude small parts where the
streets are properly curbed or esplanaded. If
exceptions are permitted, traffic lanes shall
still be required to be 12 feet in width with
additional shoulder and appropriate delineation.
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13.
Points of access from existing streets and roads
to adjacent property where no street exists shall
be clearly shown.
14.
All streets and roads shall be marked by signs and
posts approved by the County Engineer (street
names, curves, delineators and etc. but not stop
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signs or speed limit signs unless a formal
engineering study is done to substantiate the
necessity of those signs.
15.
Any damage to existing streets and roads resulting
from construction shall be repaired by the owner
at no cost to Brazos County, and to the
satisfaction of the Commissioners Court and County
Engineer, in their sole discretion.
16.
Dedication of utility easements not less than
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sixteen feet (161) wide must be provided for
public use on each side of all streets. No
structure of any type shall be placed on said
easement and unrestricted passage must be
maintained at all times. Where conditions make
this impractical an easement on only one side of
the road may be provided, not less than twenty
feet (201) in width. All utility easements shall
lie and be situated completely within the
subdivision boundaries. The Owner shall
coordinate utility installations with all utility
companies prior to submission of the Final Plat.
All utility easements along roads or streets shall
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be cleared of all brush and small trees.
17.
No utilities may be placed under any street. All
utilities shall be within the designated utility
easements.
18.
All existing utilities, and pipelines which
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require relocation or adjustment in order to avoid
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conflict with proposed streets, utilities, or
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other improvements shall be relocated, adjusted,
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or modified at no expense to Brazos County. Owner
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shall bear the responsibility for compliance with
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federal, state, and local regulations and
requirements regarding such utilities and
pipelines.
19.
The plat shall show all natural drains and water
courses as they exist on the ground. The plat
shall also show all existing and proposed contours
at intervals of two feet (2') for grades up to 5%
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gravies over 5$.
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20. Layouts that will cause unsatisfactory drainage
conditions, or that will unduly complicate
maintenance of streets, will not be accepted.
21. Drainage courses in subdivisions containing small
lots and blocks shall be dedicated. Such drainage
courses shall provide for erosion control during
and after construction which complies with all
Federal and State environmental laws, including
but not limited to the Federal Clean Water Act.
In subdivisions comprised exclusively of "acreage
tracts" of five (5) or more acres in size, an
easement will be accepted. Such easement shall
have a minimum width of twenty feet (201).
22. The 100 year flood plain elevation must be clearly
delineated on the Plat as shown by the flood prone
maps supplied by the U. S. Corps of Engineers. In
areas subject to flooding where information has
not been developed by the U. S. Corps of
Engineers, caution to prospective purchasers to
make personal inquiries as to flooding hazards
must appear on the Final Plat as described in
Article IV.C.8. Those lots containing acreage any
part of which is within the 100 year flood plain
must delineate on the plat the minimum finished
floor elevation. No building may be constructed
on any lot where the finished slab level will be
lower than one foot (11) above the 100 year flood
plain elevation established by the U. S. Corps of
Engineers. In a subdivision where any lot is
encroached by the 100 year flood plain, a
permanent bench mark monument shall be installed
per standards specified by the County Engineer.
23. Tracts adjacent to any State and Federal roads
will have a fifty foot (501) building set back
line. Tracts adjacent to all other roads will have
a twenty-five foot (25') building set back line.
24. Adequate off-street parking space must be provided
in business or commercial areas.
25. A certificate from each tax collector of a
political subdivision in which the property is
located must accompany the plat to be recorded,
showing that all taxes owing to the State, County,
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School District, and/or any other political
subdivision have been paid in full to date.
26. Where an adequate supply of water is available,
the installation of fire plugs in locations and
numbers deemed necessary or advisable.
27. on streets having curbs and gutters the County
will have no maintenance responsibility back of
curb.
28. A certificate of permanent dedication, duly
acknowledged, of all streets, parks, playgrounds,
utility and drainage easements, and other land
intended for public use shall be part of the plat.
The dedication must be absolute and unconditional.
•D. Resubdivisions. Resubdivision of lots of any size
outside the extraterritorial jurisdiction of any City shall
conform to the following requests:
1. Where there is an existing subdivision and one or
more lots or tracts are to be resubdivided in the
same, the Subdivider shall apply in writing to the
Commissioners Court for permission to revise the
subdivision plat recorded with the County Clerk.
After the application is filed with the
Commissioners Court, the Court shall publish a
notice of application in a newspaper of general
circulation in the County. The notice shall state
the time and place at which the Court will meet to
consider the application and to hear protests to
such revision. The notice shall be published at
least 3 times during a period beginning on the
30th day and ending on the 7th day before the-date
of the meeting. If all or any part of the
subdivided tract has been sold to non-developer
owners, the Court shall give notice to each of
those owners by certified or registered mail,
return receipt requested, at the owner's(s)
address in the subdivided tract.
2. After the meeting described in paragraph one (1)
above, the Commissioners Court shall adopt an
order permitting the revision of the plat if the
Court finds (a) the revision will not interfere
with the established•rights of any owner of any
part of the subdivided land; or (b) each owner
whose rights may be interfered with has agreed to
such revision.
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3. If the Commissioners Court authorizes such
revision, the Subdivider after complying with all
other requirements specified herein concerning
plat approval and processing appropriate to such
subdivision, shall file a revised plat with the
County Clerk's Office.
4. The cost incurred by the County for notice to the
public generally and owners of lots in the
subdivision to be resubdivided shall be reimbursed
to the County by the party seeking such
resubdivision or revision.
ARTICLE VI.
STREET DESIGN AND CONSTRUCTION WITHIN SUBDIVISION
A. Permitted Streets. All streets appearing within a
subdivision, whether maintained by the County or a homeowners
association, shall be constructed in accordance with the
Construction Standards set forth in Article VIII herein and shall
be classified as one of the three following types of streets
(referred to collectively as "Permitted Streets")
1. Publicly dedicated, paved and to be maintained by
the County and constructed pursuant to Article VIII;
2. Publicly dedicated, not paved and to be maintained
by a HOA in perpetuity (or until constructed to then-
applicable County standards for acceptance of
maintenance, and accepted for maintenance by resolution
of the Commissioners Court) and constructed pursuant to
Article VIII; or
3. Private, paved and to be maintained by a HOA in
perpetuity (or until constructed to then-applicable
County standards for acceptance of maintenance)
accepted for maintenance by resolution of the
Commissioners Court, dedicated to the public, and
constructed pursuant to Article VIII.
B. Dedication to Public. Any dedication to the public
shall be accomplished by a deed dedicating the fee interest in
the property to the County for public use.
C. Construction Standards. The construction standards for
Permitted Streets is set forth in Article VIII below.
D. Publicly Maintained & Dedicated Paved Streets. Paved
streets dedicated to the public shall be required in all
Subdivisions not satisfying the criteria for unpaved streets or
private'streets, as set forth below. All such paved streets
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shall be designed and constructed in accordance with the
specifications set forth herein in Article VIII.
E. Privately Maintained, Publicly Dedicated Unpaved
Streets. Unpaved streets shall be permitted only within a
Subdivision satisfying each of the following criteria:
1. All Resulting Tracts within the Subdivision shall
be (10] acres in size or larger;
2. The following note shall be conspicuously
displayed on the Plat:
[owner], by filing this Plat of Record, and all future
owners of property within this Subdivision by
purchasing such property, acknowledge and agree
that they shall be forever barred from petitioning
Brazos County to repair or accept maintenance of the
roads shown on this subdivision until [Owner] and/or
the Homeowners Association has improved the
roadways to the standards required by Brazos County.
[Owner] and all future owners of property within this
Subdivision shall look solely to the
Homeowners Association for future maintenance and
repair of the roads and streets shown on this
Subdivision; and
3. Restrictive covenants establishing a homeowners
association which has effective revenue raising
capacity and enforcement procedures to fund road
maintenance, shall be placed of record
concurrently with the recording of the Record
Plat.
4. Restrictive covenants shall be imposed on all of
the Resulting Tracts served by the unpaved road
forbidding future re-subdivision on any tract into
lots smaller than ten acres unless the road is
first constructed to the County's standards then
in effect for paved roads and accepted for
maintenance by the County.
5. All unpaved streets shall be designed and
constructed in accordance with Construction
Standards set forth in Article VIII.
F. Privately Maintained. Private Paved Streets. Private
streets shall be permitted only within a Subdivision satisfying
each of the following criteria:
1. All Resulting Tracts within the Subdivision shall
be [5] acres in size or larger or the
Commissioners Court shall have entered into an
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approved Development Agreement with the owner
regarding the development of a master-planned
community of no fewer than lots;
2. The following note shall be conspicuously
displayed on the Plat:
[owner], by filing this Plat of Record, and all future
owners of property within this Subdivision, by
purchasing such property, acknowledge and agree that
they shall be forever barred from petitioning Brazos
County to repair or accept maintenance of the roads
shown on this subdivision until [Owner] and/or the
Homeowners Association has dedicated the
roads to the public and improved the roadways to the
standards required by Brazos County. [Owner] and all
future owners of property within this Subdivision shall
look solely to the Homeowners
Association for future maintenance and repair of the
roads and streets shown on this Subdivision; and
3. Restrictive covenants establishing a homeowners
association, which has effective revenue raising
capacity and enforcement procedures to fund road
maintenance, shall be placed of record
concurrently with the recording of the Final Plat.
4. All private streets shall be designed and
constructed in accordance with the standards
specified in Article VIII for paved, publicly
dedicated streets.
G. Access to Permitted Streets: Flag Lots. Except as
permitted with respect to Shared Access Driveways below, all
Resulting Tracts shall have direct access onto a Permitted Street
or an established County road. Minimum road frontage shall be 70
feet.
H. Shared Access Driveways. Up to three (3) Resulting
Tracts may share access to a Permitted Street or established
County road by means of a Shared Access Driveway if:
1. Each Resulting Tract is acres or larger.
2. A plat note is conspicuously displayed on the plat
stating:
a. No more than three Single Family Residences may share use
of the Shared Access Driveway and if any other development of a
Dwelling Unit or Single Family Residence occurs on any of the
Resulting Tracts obtaining access through the Shared Access
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Driveway, then such new Dwelling Unit or Single Family Residence
must obtain independent access prior to construction of the
Dwelling Unit or Single Family Residence.
b. The homeowners of the three Single Family Residences
obtaining access through the Shared Access Driveway shall be solely
responsible for all maintenance of the driveway, including
maintaining any drainage structures associated with the driveway.
3. Each of the three Resulting Tracts share equal, indivisible and
unrestricted rights in the Shared Access Driveway, which rights shall
be established by recorded easement and the easement shall be
deemed to run with the land of each of the three Resulting Tracts.
ARTICLE VII.
WASTE WATER TREATMENT RESTRICTION
A. Minimum Lot Sizes for Lots Served by Surface Water, Rainwater
Collection Systems, Lakes or Reservoirs. All Resulting Tracts served by Surface Water
or Rainwater Collection Systems shall have the following minimum sizes, depending
upon the indicated type of waste water treatment system of the Resulting Tract:
Waste water Application Minimum Lot Size
Public Sewer No Minimum
Waste water System 1.0 acres
Private Septic 1 acre
B. Minimum Lot Sizes for Lots Not Served by Surface Water or Rainwater
Collection Svstems (exi.• all lots seed by private wells or any water distribution system
utilizing ground water). All Resulting Tracts not served by Surface Water or Rainwater
Collection Systems shall have the following minimum sizes, depending upon the indicated
type of waste water treatment system of the Resulting Tract:
Waste water Application Minimum Lot Size
Public Sewer 0.25 acres
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Permitted Aerobic On-Site
Waste water System 1.0 acres
Private Septic 1 acres
ARTICLE VIII.
CONSTRUCTION STANDARDS
A. Compliance with the Law. All design and construction of streets, alleys,
drainage facilities, and utilities must conform with current standards and specifications
and sound engineering principles, for the type of subdivision contemplated under these
regulations. All trees and underbrush shall be removed from entire width of right-of-way.
The Owner shall be responsible for compliance with all applicable statutes and
regulations of the State and United States respecting construction and installation of
roads and roadways at their crossing or intersections with utilities, including but not
limited to railroads, pipelines, electrical transmission lines, water lines and natural gas
lines.
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B. Surface Drainaee. Generally, it is desired that surface drainage from
private property be taken to streets, alleys, or drainage courses as quickly as possible and
that drainage water from streets and alleys be taken to defined drainage courses as
quickly as possible. The practice of using streets and alleys as major drainage courses will
not be accepted.
The Subdivider will seed or sod all bar ditches to establish a permanent
vegetation.
C. Street Grades and Elevations. Minimum grades of streets from the center
of the crown to the edge of the road normally shall be three-tenths of one percent
(0.30%) and shall not be so steep that destructive velocities may occur, unless provision
is made to prevent erosion of earthen ditches, or damage to pavements.
Profiles of streets shall be furnished, showing existing centerline elevations, both
right-of-way line elevations and proposed centerline grade.
At creek or other drainage crossings where consideration must be given to the
proper handling of storm water, a profile of the flow line of such creek or other drain
extending sufficient distance both upstream and downstream to determine proper street
grade and size of drainage structure at such crossing will be required.
These must be shown on plat with elevations in reference to roadway street, or
alley.
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. D. Drainage Structures. Drainage structures of a permanent type shall be
provided at crossings of drainage courses with streets where prescribed by the County
Commissioners Court or the County Engineer in order that a minimum of inconvenience
and hazard to the traveling public will occur, and in order to minimize damage to, and
excessive maintenance of public property. Such drainage structures shall have a
minimum of twenty-eight (28) feet clear roadway and shall be of sufficient size to insure
the capacity to carry anticipated drainage waters. (A 25 year storm for non-trapped
conditions and 100 year storm for trapped conditions.)
E. Open Channels and Ditches. Open channels and ditches shall be
constructed to proper cross-section, grade and alignment so as to function properly, and
without permitting destructive velocities.
F. Unpaved Permitted Streets. If a Permitted Street satisfies the
requirements of Article VI.E, the installation of a Quality Gravel Road shall be
permitted.
G. Subgrade. Base and Surface Treatment of Streets Without Curbs. Where a
street section (without curbs) is constructed, the flexible base shall have a minimum
thickness of six inches (6") after compaction, and a minimum of twenty-eight (28) feet
wide from shoulder line to shoulder line and feather edges as shown on Brazos County
Road Section (Appendix A). The wearing surface shall be a minimum width of twenty-
four (24) feet. All road building materials shall be approved by the County Engineer.
The subgrade, flexible base, and surface treatment of such streets shall be as
described below:
1. Subgrade.
a. Description. Subgrade shall consist of existing subgrade
material or an approved material, furnished by the contractor,
containing sufficient fines (soil binder) to form a firm subgrade
which can be shaped and trimmed to true subgrade level.
b. Materials. Existing subgrade material maybe used if its
moisture content (determined by standard laboratory methods
AASHTO Designation 146-49) is below the material's plastic limitt.
Existing subgrade material at or above its plastic limit must be
stabilized according to the direction of the Engineer.
Test results of material samples proposed for use shall be submitted
to the Engineer for approval of the source prior to the delivery of
any such material to the job. If at any time the material delivered
show too great a variation from the approved sample, the Engineer
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may reject the delivery and order the material removed from the
work.
Lime stabilization of subgrade material will be required on all
Arterial streets. Lime stabilization of subgrade material will be
required on Collector or Local streets if the plasticity index (PI) of
the material exceeds 18, as established by testing according to
SDHPT Test Method Tex 106-E. Lime stabilization will be ,
conducted in accordance with Brazos County, Standard
Specifications for Street Construction, latest edition, Specification ;
No. 204. `
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Cement stabilization of subgrade material will be required on any
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street if the plasticity index (PI) of the material is less than 4, as s
established by testing according to SDHPT Test Method Tex 106-E. 1
Cement stabilized will be conducted in accordance with Brazos
County, Standard Specifications for Street Construction, latest
edition, Specification No. 203.
c. Compaction. Subgrade material hauled to job site shall be
. spread uniformly and compacted to required thickness by means of
approved compaction equipment. Existing subgrade material (in
place or stabilized) and material hauled to the job site shall be
compacted to ninety-five (95) percent of the SDHPT Test Method
;
Tex-113-E Density and within two (2) percent of optimum
moisture content.
d. Fees. Cost of testing and inspection will be paid by the
developer.
2. Flexible Base.
a. Description. This item shall consist of a foundation course for
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surface course or for other base courses; shall be composed of
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crusher-run broken stone; and shall be constructed as herein
specified in one or more courses in conformity with the typical ;
sections shown on Plans and to the lines and grades as established
by the Engineer.
b. Materials. The material shall be obtained from approved
sources, shall be crushed, and shall consist of durable particles of
stone mixed with approved binding materials. Testing of flexible
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base materials shall be in accordance with the following State
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Department of Highways and Public Transportation standard
laboratory test procedures:
1) Preparation for Soil Constants and Sieve
Analysis Tex-101-E
2) Liquid Limit Tex-104-13
3) Plastic Limit Tex-105-13
4) Plasticity Index Tex-106-E
5) Sieve Analysis Tex-110-E
6) Wet Ball Mill Tex-116-13
7) Triaxial Test Tex-117-E
Unless otherwise specified on the plans, job-control samples for
testing the materials for Soil Constants, Gradation and Wet Ball
Mill shall be taken prior to the compaction operations.
Unless otherwise specified on the plans, all base material will be
stockpiled after crushing; tested by the testing agency designated by
the County Engineer; and approved by the County Engineer prior to
being hauled to the project site.
The material shall be well graded and when properly tested, shall
meet the following requirements:
Retained on Sq. Sieve:
1-3/4" 0
7/8" 10-35
3/8"............. ......................30-50
No.4 .................................45-65
No. 40 70-85
Maximum Liquid Urait 35
Maximum Plasticity Index 10
Max. Wet Ball Mill 50
Minimum compressive strength when subjected to the triaxial test:
35 psi at 0 psi lateral pressure and 175 psi at 15 psi lateral pressure,
unless otherwise designated on the plans. The maximum increase in
material passing the number 40 sieve resulting from the Wet Ball
Mill Test shall not exceed 20, unless otherwise shown on plans.
c. Material Sources. The material shall be secured from sources
approved by the Engineer. The pits as utilized shall be opened up
in such manner as to immediately expose the vertical faces of all of
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the various strata of acceptable material, and unless otherwise
directed, the material shall be secured in successive vertical cuts
extending through all of the exposed strata.
d. Construction Methods.
1. Preparation of Subgrade: The roadbed shall be excavated
and shaped in conformity with the typical sections shown on
Plans and to the lines and grades as established by the
Engineer. All unstable or otherwise objectionable materials
shall be removed from the subgrade and replaced with
approved material. All holes, ruts and depressions shall be
filled with approved material, and if required, the subgrade
shall be thoroughly wetted with water and reshaped and
rolled to the extent directed in order to place the subgrade in
an acceptable condition to receive the base material. The
surface of the subgrade shall be finished to line and grade as
established and in conformity with the typical section shown
on Plans, and any deviation in excess of 0.04 feet in cross-
section and in a length of sixteen (16) feet measured
longitudinally shall be corrected by loosening, adding or
removing material, reshaping and compacting by sprinkling
• and rolling. Sufficient subgrade shall be prepared in advance
to insure satisfactory prosecution of the work. Material
excavated in the preparation of the subgrade shall be utilized
in the construction of adjacent shoulders and slopes or
otherwise disposed of as directed, and any additional material
required for the completion of the shoulders and slopes shall
be secured from sources indicated on Plans or designated by
the Engineer.
Lime stabilization of subgrade material will be required on all
Arterial streets. Lime stabilization of subgrade material will
be required on all Collector and Local streets if the plasticity
index (PI) of the material exceeds 18, as established by
testing according to SDHPT Test Method Tex-106-E. Lime
stabilization will be conducted in accordance with Brazos
County, Standard Specifications of Street Construction, latest
edition, Specification No. 204.
Cement stabilization of subgrade material will be required on
any street if the plasticity index (PI) is less than 4, as
established by testing according to SDHPT Test Method Tex
106-E. Cement stabilization will be conducted in accordance
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with Brazos County, Standard specifications of Street
Construction, latest edition, Specification No. 203.
2. First Course. Immediately before placing the base
material, the subgrade shall be checked as to conformity with
grade and section.
The material shall be delivered in approved vehicles of a
uniform capacity, and it shall be the charge of the Contractor
that the required amount of specified material shall be
delivered in each one hundred (100) foot station. Material
deposited upon the subgrade shall be spread and shaped the
same day. In the event inclement weather or other unforseen
circumstances render impractical the spreading of the
material during the first twenty-four (24) hour period, the
material shall be scarified and spread as directed by the
Engineer. The material shall be sprinkled, if directed, and
shall then be bladed, dragged, and shaped to conform to
typical sections as shown on Plans. All areas and "nests" of
segregated coarse or fine material shall be corrected or
removed and replace with well graded material, as directed
by the Engineer. If additional binder is considered desirable
or necessary after the material is spread and shaped, it shall
be furnished and applied in the amount directed by the
Engineer.
Such binder material shall be carefully and evenly
incorporated with the material in place by scarifying,
harrowing, brooming, or by other approved methods. The
course shall then be sprinkled as required and rolled as
directed until a uniform compaction is secured. Throughout
this entire operation, the shape of the course shall be
maintained by blading and the surface upon completion shall
be smooth and in conformity with the typical sections shown
on Plans and to the established lines and grades. In that area
on which pavement is to be place, any deviation in excess of
0.04 feet in cross-section and in a length of sixteen (16) feet
measured longitudinally shall be corrected by loosening,
adding or removing material, reshaping and recompacting by
sprinkling and rolling. All irregularities, depressions or weak
spots which develop shall be corrected immediately by
scarifying the areas affected, adding suitable material as
required, reshaping and recompacting by sprinkling and
rolling.
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The utilization of traffic to compact and bind the base course
or courses is an essential part of the contract and is of prime
importance to the satisfactory completion of the work. As
directed by the Engineer, each course shall be opened to
traffic, and the Contractor shall direct and distribute the
traffic uniformly over the entire width of the course. During
the period traffic is being directed over the course, the
surface shall be satisfactorily maintained by the use of a
sufficient number of approved blades, drags, and such other
equipment as is required, and these operations shall continue
until the base course is sufficiently compacted to ninety-five
(95) percent of the SDHPT Test Method Tex-113-E Density
within plus or minus two (2) percent of optimum moisture
content.
3. Succeeding Courses. Construction methods shall be the
same as prescribed for the first course.
e. Measurement. Crushed stone will be measured by the square
yard, complete in place, by the cubic yard, loose vehicle
measurement, or by the cubic yard, complete in place as indicated in
the proposal.
f. Payment. This item will be paid for at the contract unit price bid
for "Flexible Base" which price shall be full compensation for all
work herein specified, including the furnishing, hauling, and placing
of all materials, for all water required, and for all equipment, tools,
labor, and incidentals necessary to complete the work.
The cost of testing and inspection will be paid by the developer.
TWo Course Treatment.
a. Description - This section shall consist of a wearing surface
composed of two applications of asphaltic material, each covered
with aggregate and constructed on the prepared base course or
surface in accordance with these Specifications.
Two course surface treatment shall not be applied when the air
temperature is below 50° F. and falling and it may be applied when
the air temperature is above 40° F. and rising, the temperature
being taken in the open shade and away from artificial heat.
Asphaltic material shall not be placed when in the opinion of the
Engineer, general weather conditions are not suitable. The second
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application of asphaltic material should not be applied until eighty
percent (80%) of the subdivision has been built out or the minimum
two year developer's maintenance has been completed.
b. Materials.
1. Asphaltic Materials: The asphaltic materials used shall be
one or more of the materials prescribed in the Brazos
County, Standard Specifications for Street Construction,
latest edition, Specification No. 601, "Asphalts, Oil and
Emulsions Requirements," as shown on the Plans and/or
otherwise specified.
2. Aggregate: The aggregate used shall consist of clean,
tough, durable fragments of crushed limestone or gravel of
uniform quality throughout, free from dirt, organic or other
injurious matter occurring either freely in material or as a
coating on aggregate. Percent of wear, when tested by
AASHTO Designation T-96-70, shall not exceed thirty-five
(35). Gradation shall be as specified below:
Sieve Size Percent Retained
3/4 - inch sieve 0
5/8 - inch sieve 0-2
1/2 - inch sieve 20-35
3/8 - inch sieve 85-100
1/4 - inch sieve 95-100
No. 10 sieve 98-100
e. Construction Methods. (First and Second Course)
1. Base Preparation. Apply asphalt only when temperature
is above 55° F. and is rising. Take temperature in shade and
away from artificial heat. Place no asphalt when general
weather conditions, in opinion of Engineer, are not suitable.
Glean base surface of dirt, dust, or other deleterious matter
by sweeping with rotary broom or other acceptable means. If
necessary, sprinkle lightly with water just prior to application
of asphalt.
2. Heating Asphalt. Keep clean and in good operating
condition at all times all storage tanks, piping, retorts,
booster tank, and distributors used in storing or handling
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asphalt. Operate all equipment in such manner as to prevent
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contamination of asphalt with foreign material. Do not heat
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asphalt above 400° F at any time, and apply at temperature of
not less than 275° F. and not more than 375° F. All asphalt
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material heated above 400° F. will be rejected.
3. Asphalt Application Rate. Apply to clean base at rate of
approxdmately 0.33 gallon of asphalt per square yard.
Minimum application rate of 0.25 gallon per square yard and
maximum of 0.40 gallon per square yard.
4. Applying Asphalt. Apply on clean surface with approved
type of self-propelled pressure distributor, operated as to
distribute material in quantity specified as to distribute
material in quantity specified, evenly and smoothly, under
pressure for proper distribution. Provide all necessary
facilities for determining temperature of asphalt and for
securing uniformity at junction of two distributor loads.
Apply full width of surface in one application.
5. Aggregate Application Rate. Not less than one cubic yard
- of aggregate per one hundred square yards of surface. Not
more than one cubic yard of aggregate per eighty square
yards of surface.
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6. Applying Aggregate. Cover asphalt with aggregate in
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amount specified and blade with wire dragbroom maintainer
or other approved leveling device. After applying aggregate,
broom and roll entire surface with self-propelled, three-
wheeled roller, weighing between three and eight tons.
Pneumatic roller may be used if size and type meet approval
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of Engineer. Repeat brooming and rolling on two successive
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working days after application of aggregate for each
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application.
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d. Measurement. Asphaltic materials will be measured in gallons at
the applied temperature at the point of application on the road.
Aggregate will be measured by the cubic yard in vehicles as applied
on the road.
e. Payment. The work performed and materials furnished as
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prescribed by this section and measured as above provided will be
paid for at the Unit Price bid for 'No-Course Surface Treatment",
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which prices shall each be full compensation for cleaning and
sprinkling the base, for furnishing, preparing, hauling, rolling, and
placing all materials, and for all manipulations, labor, tools,
equipment, and incidentals, necessary to complete the work.
The cost for testing and inspection will be paid by the developer and
certified by a licensed professional engineer.
ARTICLE IX.
BONDING REQUIREMENTS FOR FILING OF PLAT PRIOR TO
CONSTRUCTION
A. Determination of Amount of Security. In order to insure that the streets and
other improvements in approved subdivisions are constructed in accordance with the above
specifications, any Owner desiring to file the approved Final Plat prior to completion and
acceptance of such streets and other improvements may post a form of security, as
hereinafter described, in an amount to be fixed and determined as follows;
1. Where no drainage structures or other additional construction costs are
involved,
a. For paved streets with curb - $50.00 per linear foot
b. For paved street - $30.00 per linear foot
2. Where drainage structures or other additional construction costs are
involved, add estimated cost of additional labor and materials to
amount of Bond fixed above.
The above distances determining the linear feet involved are to be
measured along the.center line of said street or alley between the
intersections of said center lines.
B. Forms of Security. If the Subdivider decides or elects to file security in lieu
of completing construction prior to Final Plat approval, he may utilize one of the following
methods of posting security. Compliance with the following procedures relative to posting
security must be satisfied prior to Final Plat Approval:
1. Construction Bond:
a. File with the Commissioners Court a bond, which shall be (i)
executed by a surety company holding a license to do business
in the State of Texas, (ii) made payable to the County Judge of
Brazos County, Texas, and his successors in office, (iii)
approved by the Commissioners Court, (iv) in an amount
required by this Article IX.A, and; (v) for a term equal to the
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estimated time for completion as determined by the
Commissioners Court.
b. The conditions of said Construction Bond the violation of which
will create liability for the obligees on the bond, shall be that (i)
the Owner of said approved and accepted subdivision shall
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begin construction of such streets as are shown on the Final
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Plat within a period of ninety (90) days from the date of the
approval of the Final Plat of said subdivision by the
Commissioners Court of Brazos County, Texas; and (ii) the
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Subdivider shall prosecute and complete such construction in
accordance with the specifications required by these Regulations
within a reasonable number of working days to be determined
}
and agreed upon by the Owner and the Commissioners Court.
The Construction Bond shall remain in full force and effect
until all streets and other improvements have been completed
as required by the plans and specifications herein stated and are
accepted by Brazos County, as defined in Article XI herein.
2. Unconditional Guarantee From Local Bank or Local Savings and Loan
Association or Other Financial Institution as approved by the
• Commissioners Court:
a. File with the Commissioners Court a letter of credit, in form
a
approved by the Commissioners Court, signed by a principal
officer of a local bank or local savings and loan association or
other financial institution, acceptable to the Commissioners
Court, agreeing to pay to the County of Brazos, State of Texas,
on demand, a stipulated sum of money to apply to the
estimated cost of installation of all improvements for which the
Subdivider is responsible under these Regulations. The
j guaranteed payment sum shall be the estimated cost of all
improvements required by these regula•dons, approved by the
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Commissioners Court. This guarantee of payment shall not
expire until all streets and other improvements have been
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completed in accordance with the Regulations and are accepted
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by Brazos County, as provided in Article XI herein. The letter
shall state the name of the subdivision and shall list the
improvements which the Subdivider is required to provide.
3. The Subdivider may file cash in an amount fixed and determined by
this Article IX.-
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4. Bonds will not be accepted from developer's
contractor. Bonds must be filed and provided by
the developer.
C. Enforcement. If a form of security is to be filed by the Subdivider as set out
in Article IX.B above, the County Engineer shall inspect such improvements upon
completion of construction. If premised upon such inspection, the construction fails to meet
the requirements of these Regulations and are not accepted as required by Article XI, and
the Subdivider after notice and an opportunity to cure such inadequacies does not take the
appropriate steps to obtain approval, the County Attorney shall, on direction of the
`
Commissioners Court, proceed to enforce the guarantees provided in these Regulations and
execute on the bond or letter of guarantee, as appropriate.
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D. Extension. When good cause exists, the Commissioners Court may extend the
period of time for completion of the roads and improvements for which security has been
posted. Such extension of time shall be reported by the Commissioners Court and recorded
in the Minutes. No such extension shall be granted unless security as required by this
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Article IX.B. has been provided by the Subdivider covering the extended period of time.
E. Utility Connections. Neither the Subdivider, the contractor nor subcontractor
shall make a connection to or tap into the County and/or City water distribution system,
electric system, or sanitary sewer system. The subdivider shall furnish all necessary materials
to the appropriate utility or entity to make the final tap or connection.
ARTICLE X.
REQUIREMENT FOR FILING PLAT IF NO SECURITY GIVEN
If the Subdivider chooses not to post a construction bond or obtain a letter of
'
guarantee from a financial institution, he must complete all construction of the streets and
other improvements and obtain acceptance thereof as provided in Article XI below, prior
to obtaining the approval of the Final Plat.
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ARTICLE XI.
ACCEPTANCE OF STREETS AND OTHER IMPROVEMENTS
FOR FINAL PLAT FILING
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Acceptance of streets and other improvements for County maintenance shall be
evidenced by an instrument signed by the Commissioners Court as a result of formal
Commission action. No acceptance shall be issued until the Commissioners Cdurt has (i)
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received a certificate of a licensed professional engineer that all improvements have been
completed in accordance with these Regulations and good engineering practice; (ii) if a
public street is involved, a deed has been executed and delivered to the County; and (iii) the
Maintenance Bond or cash deposit in lieu of bond, as required by Section XII below, shall
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have been posted. All costs associated with furnishing the necessary certificate hereunder
shall be borne by Owner.
ARTICLE XII.
MAINTENANCE
A. Maintenance Term. The Owner shall be responsible for maintenance of all
streets, rights-of-way, and other improvements for a period of two (2) years after the date
of acceptance of the construction, as provided for in Article XI above. Such period may be
extended by the Commissioners Court if the roads and other improvements are not being
maintained in good repair as of the expiration of such two (2) year period.
B. Bond. In order to insure adequate maintenance by the Owner, each Owner
shall, prior to acceptance by Brazos County of the streets and other improvements, for
purposes of filing the Final Plat, file a Maintenance Bond, executed by a Surety Company
authorized to do business in the State of Texas, payable to the County Judge of Brazos
County, Texas, and his successors in office, in an amount determined as follows:
1. For paved streets with curbs - 5% of amount of Construction Bond.
2. For paved streets - 10% of the amount of the Construction Bond.
} C: Bond Term. The conditions of said Maintenance Bond shall be that the
Owner shall guarantee to maintain to the satisfaction of the Commissioners Court and the
County Engineer, all of the streets shown on the accepted and approved Final Plat, in a
good state of repair for the period of at least two (2) years beginning on the date of
acceptance of construction for platting purposes; provided however, if such roads are not
maintained in good repair during that time the Owner should be required to obtain an
extension of such bond until such time as the roads are repaired to County standards or
alternatively, in the County's discretion, the County may maintain said streets at the cost and
expense of the obligees on the bond.
D. Cash Security for Maintenance. At the option of Owner, Owner may deposit
with Brazos County, Texas, United States Currency or a cashier's check in an amount equal
to the amount of the maintenance bond specified above, in lieu of such Maintenance Bond.
Such funds shall be held by Brazos County for at least two (2) years after acceptance of the
construction for platting purposes. Such funds may be used during such period for the costs
of such maintenance as Owner, after written notice, fails or refuses to perform. After the
expiration of such two (2) year period, such cash deposit, or the unexpended balance
thereof, shall be refunded to Owner; provided however, if such roads are not maintained in
good repair during that time the County will continue to hold such deposit until the roads
are repaired to County standards or are used by the County to make such repairs itself.
E. Maintenance Inspections. Periodic inspections of all of the streets that have
been approved and accepted for platting purposes in an approved subdivision will be made
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by the County Engineer during the period of liability covered by the Maintenance Bond, and
in the event any or all of said streets are not being maintained in a good state of repair, the
Owner will be so advised in writing and if after a reasonable time he fails or refuses to
properly maintain said streets, they shall then be maintained at the cost and expense of
obligees on the bond or from the cash on deposit as required by Paragraphs B and D above.
F. Expiration of Maintenance Term. If after the expiration of two (2) years from
the date of acceptance of the construction for platting purposes, such streets and other
improvements are in good repair, Brazos County in its sole discretion will in writing accept
such streets and other improvements for maintenance (except if such streets are to be
privately maintained) and release the security on its bond or refund the cash on deposit, as
appropriate.
G. Limitation on Acceptance. The County acceptance for maintenance of the
roads and other improvements shall not include the maintenance of utility easements, but
shall include maintenance of drainage easements.
ARTICLE X111.
VARIANCES
A. Variances to these regulations are generally discouraged, however, specific
cases will be considered on ari individual basis (hardship etc.) and approved or denied by
the Commissioners Court after receiving input from the developer and the County Engineer.
ARTICLE XIV.
OTHER PROVISIONS
A. Effective Date. These regulations shall be in full force and effect from and
after December 17, 1996 and supersede all prior regulations relating to the subject matter
hereof.
B. Amendments. These regulations are subject to amendment from time to time.
All persons arc advised to consult the Commissioners Court to acquaint themselves with any
such amendments.
The foregoing Subdivision and Development Regulations have been examined and
approved in open Court this the 17th day of December, 1996, in Bryan, Brazos County,
Texas.
Attest:
Mary An and
Brazos County Clerk
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By:
Alvin V. Jones
Brazos County Judge
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B. C.D.C.
THIS DEPOSITORY CONTRACT is trade and entered into on the date last herein written
by and between BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR", and
The Firat ALatinnal_Aan_L_..;F nr,..,.. a _ National banking
association, organized under the laws of the United States and authorized by law to do
banking business in Brazos County . Texas, and now conducting such business in
said Brazos County , Texas, hereinafter called "BANK".
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DEPOSITOR through action of its Commission~cs Court, hereby designates BANK as a
depository for the period beginning and continuing through
. This contract is to cover all accounts owned by the County
and all funds held in trust by the DEPOSITOR and placed on deposit with BANK.
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During the term of this depository contract, the DEPOSITOR will, through appropriate
action of its Commissioners Court, designate the officer, or officers, who singly or jointly
will be authorized to represent and act on behalf of the DEPOSITOR in any and all matters
of every kind arising under this Depository Contract and to (1) execute and deliver to the
BANK funds or fund transfer agreements (and any addenda thereto), (2) appoint and
designate, from time to time. a person or persons who may request withdrawals, orders for
payment or traasfera on behalf of the DEPOSITOR in accordance with the electronic funds
or fund transfer agreement and addenda and (3) make withdrawals or transfers by written
instrument.
III.
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DEPOSITOR may arrange for time deposits, and BANK may accept and hold such
deposits subject to payment in accordance with the terms of the deposit. In the event funds
for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK
will deposit the principal amount of the time deposit and any accrued interest in the
DEPOSITOR' account from which funds were withdrawn to establish the time deposit.
Time deposit maturities will not extend beyond the termination of this Agreement without
the expressed consent of the BANK
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N.
All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by
collateral as provided for in the Public Ftmd Collateral Act (V.A.T.S. Art. 2529d). The
total of the market value of the collateral (plus accrued interest or income to the extent it is
not included in such market value obtained as provided herein) securing such deposits will
be in an amount at least equal to the amount of such deposits increased by the amount of
any accrued interest and reduced to the extent that such deposits are insured by an agency
or instrumentality of the United States government. The market value with respect to any
securities (collateral) as of any date and priced on such date will be obtained from a
primary dealer. BANK must receive notification of new deposits prior to 10:30 A.M. on
the day deposits are actually received. Twenty-four (24) hours notice is necessary on
deposits totaling in excess of $1,000,000 during any banking business day.
However, failure to give such notice does not excuse the BANK from properly securing
these deposits in accordance with this agreement and the Public Fund Collateral Act within
one (1) business day of the deposit.
The Commissioners Court and/or its designated representative has the authority to reject
any collateral offered by BANK which is not deemed to be allowed under the Public Fund
Collateral Act or which is deemed to be of high security risk
V.
BANK has heretofore or will immediately hereafter deliver to the County Treasurer
(hereinafter designated as "TRUSTEE") or the designated agent of the County Treasurer,
collateral of the kind and character above mentioned of sufficient amount and market value
to provide adequate collateral for the funds of DEPOSITOR deposited with BANK. Said
collateral or substitute collateral, as herein provided for, will be kept and retained by
TRUSTEE in trust so long as the depository relationship between DEPOSITOR and
BANK shall exist hereunder, and thereafter so long as deposits made by DEPOSITOR with
BANK hereunder, or any portion thereof, shall have not been properly paid out by BANK
to DEPOSITOR or on its order.
Vl.
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09/04/96 00:10 0400 661 0167 D.C.D.C:
Should BANK fail at any time to pay and satisfy, when due, any chock, draft, or voucher
lawfully drawn against any deposit and the interest on such deposits, or in case BANK
becomes insolvent or in any manner breaches its contract with DEPOSITOR,
DEPOSITOR shall give written notice of such failure, insolvency or breach to BANK, and
BANK shall have three (3) business days to cum such failure. insolvency or breach. In the
event that BANK shall fail to cure such failure, insolvency or breach within three (3)
business days. the parties hereto authorize the TRUSTEE to surrender to the
Commissioners Court in and for the DEPOSITOR the collateral being held by the
TRUSTEE upon receipt of a certificate whereby the DEPOSITOR, through its authorized
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S. C. D. C.
W004/008
representative, certifies that BANK has failed to perform its obligations under this contract,
has otherwise breached this contract or has become insolvent. The BANK agrees and
hereby instructs the TRUSTEE that a copy of this agreement attached to the certificate(s)
shall serve as the BANK's consent and approval for the TRUSTEE to sell and/or convert
the collateral to the use of the DEPOSITOR The BANK agrees and is bound to provide
any other approvals or consents the TRUS'T'EE may require in order to release the
collateral for DEPOSITOR's use. The parties further agree that the DEPOSITOR may seek
an order or declaration or order of a court of lawful jurisdiction in the event that the BANK
does not comply with this provision or in the event the TRUSTEE refuses to surrender the
collateral to the Commissioners Court, with all costs and attorney's fees incurred by
DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained
by it, together with all expenses of any and every kind incurred by it on account of such
failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said
proceeds or collateral remaining unsold.
VII.
•
Any sale of such oollateral, or any part thereof, made by DEPOSITOR hereunder may be
either at public or private sale; provided, it shall give both TRUSTEE and BANK ten (10)
days notice of the time and place where such sale shall take place, and such sale shall be to
the highest bidder therefor for cash. DEPOSITOR and BANK shall have the right to bid at
such sale.
VIII
If Bank shall desire to sell or otherwise dispose of any one or more of said securities
pledged as collateral and deposited with the TRUSTEE, it may substitute for any one or
more of such securities other securities of the same or greater market value and of the
character authorized herein and by the Public Funds Collateral Act. Such right of
substitution shall remain in full force and may be exercised by BANK as often as it may
desire; provided, however, that the aggregate market value of all collateral pledged
hereunder, shall be at least equal to the amount of collateral required hereunder and by the
Public Funds Collateral Act and other applicable law.
is
If at any time the aggregate market value of such collateral so deposited with TRUSTEE be
less than the total sum of the DEPOSITOR's funds on deposit with said BANK, BANK
WWI immediately deposit with TRUSTEE such additional collateral as may be necessary
to cause the market value of such collateral to equal the total amount of required collateral.
ti BANK shall be entitled to income on securities held by TRUSTEE, unless there is
insufficient collateral on deposit with the TRUSTEE to cover the public funds as required
by law at the time the request is made. Approval of the DEPOSITOR will be required in
s all circumstances and if the collateral deficiency is not seasonably cured and the
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9. C. D. C.
DEPOSITOR's consent is not given (in writing), the income becomes collateral for public
funds to the extent of the collateral deficiency.
The TRUSTEE's consent as well as the consent of the DEPOSITOR must be obtained for a
security to be released as collateral. Before a security is released from collateral that is to
be replaced, the BANK must present to the TRUSTEE the replacement collateral tbat is
being offered, and the TRUSTEE must accept such replacement
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if at any time the collateral in the hands of the TRUSTEE shall have a market value in
excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may
authorize the withdrawal of a specified amount of oollateral by the TRUSTEE based on a
written request from the BANK to the Commissioners Court-
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Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the
expiration date by providing advanced written notice to the other party of its election to do
so, and this agreement shall be void from and after the expiration of ninety (90) days after
the receipt of such notice, provided all provisions of this agreement have been fulfilled.
n
When the relationship of DEPOSITOR and BANK shall have ceased to exist between
DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of
DEPOSITOR, it shall be the duty of the TRUSTEE to issue a certificate to that effect to the
BANK and the Commissioners Court, and, if all obligations under this agreement and
applicable law have been fulfilled, Commissioners Court will issue written authorization to
the TRUSTEE to deliver all collateral being held in the possession of the TRUSTEE to the
BANK.
XIQ.
This contract is subject to, and incorporates, the current laws governing *x relationships
between counties, depositories and custodians/trustees and related entities as established by
the Texas Local Government Code and the Vernon's Annotated Texas Civil Statutes and
any amendments or revisions thereto. BANK wan-ants and represents that it shall comply
with all applicable laws, toles and regulations which govern or apply to this conuract-
BANK Ruther warrants that in the event that it is aware of any violation of applicable laws,
vQL....9, - YAUe,
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0003/006
-,1L . . 1 1 , ,
•
•09/04/98 09:11 12409 381 0197 B.C.D.C.
® 008/008
? rules and regulations, it will bring the event to the attention of the TRUSTEE and the
DEPOSITOR immediately and in writing within three (3) business days.
XM-
' This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY,
TEXAS, and the venue of any legal actions or proceedings arising out of or related to this
contract, or out of any disputes between the parties concerning the subject matter of this
contract or arising out of the violation or application of any law governing the subject
matter of this agreement (including but not limited to the Public Funds Collateral Act, Art.
2529d) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY. TEXAS.
XIV.
All notices, demands, or other writings may be delivered by any party hereto to the other,
by United States Mail or other reliable courier at the following addresses:
DEPOSITOR: Al Jones, County Judge
Brazos County. Texas
300 Fast 26th Street
Bryan, Texas 77803
CUSTODIAN OF FUNDS:
Brazos County, Texas
300 East 26th Street
Bryan, Texas 77803
TRUSTEE OF COLLATERAL: Brazos County Treasurer
Brazos County, Texas
300 East 26th Street
Bryan, Texas 77803
j.
BANK: The First National Bank of Bryan
P.O. Box 833
Bryan, Texas 7703
t
The address to which any notice, demand, or other writing miry be delivered to any patty as
above provided may be changed by written notice given by such party to the other two
parties as above provided.
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0409 361 Cis? B.C.D.C.
BANK represents that the collateral pledged to DEPOSITOR b not other wise assign4
pledged or encumbered and that no lien, or sectuity interests exist other than the security
interest held by the DEPOSITOR pursuant to this agre==t possession of the collateral
by the TRUSTEE is intended as perfection of DEPOSITOR's security interest therein.
BANK warrants that the collateral (in the form and amount required by law) is held by
TRUSTEE for the benefit of DEPOSITOR and as security for DEPOSITOR's funds.
The County shall deliver to BANK within five (5) working days from the date of execution
of this agreement, a list of those individuals authorized to act on behalf of the Court and
the Clerks.
The BANK shall deliver to County on the date of execution hereof a Certified Corporate
Resolution of its Board of Directors approving this contract, the execution thereof and
indicating the authority of an individual(s) to pledge collateral on behalf of the BANK.
EXECUTED this i3th day of Sg cemher by the undersigned
duly authorized officers of the parties hereto.
FOR First National Bank of Bryan BANK:
Mike A. Holmttreen DATE: _ September 13, 1996
(N"c)
Senior Vice President
F (Si ature)
-I (Title)
FOR BRAZOS COUNTY.
~LV 1u 61, DATE: VLEt, t j 1 a
(Name)
(Signaturef (Title)
09/04/90 00:32
0007/008
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'09/04/98 09:12 !lr408 301 0197
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
B.C.0.C.
BEFORE ME, on this day personally appeared Mike A- Hiallngr= -0
Senior Vice President of First National Bank BANK,
known to me the person whose name is subscribed to the forgoing instrument, and
acknowledged to me that he/she executed the same as the act and deed of the
First National Bank BANK a corporation, for the purpose and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL Of OFFICE, this the 13th of
VAW L CllYHApO
Monty Pda ~ Ditt1 Of Tam V cam,
caremk " <KnaAS tarv P lip to of Texas
Printed Name: Tammy rL. Cleveland
Commission Expires: 04-13-98
Q006/008
if
THE STATE OF TEXAS § r
COUNTY OF BRAZOS §
BEFORE ME, on this day personally appeared
of BRAZOS COUNTY, TEXAS
known to me the person whose name is subscribed to the forgoing instrument, and
acknowledged to me that he executed the same as the act and deed of the BRAZOS
COUNTY, TEXAS, for the purpose and consideration therein expressed and in the ~
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the of f
Notary Public, State of Texas j ;
Printed Name: 6
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Commission Expires: s.
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THIS DEPOSITORY CONTRACT is made and entered into on the date last herein written
by and between BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR", and
COMMERCE NATIONAL BANK a national banking
association, organized under the laws of the United States and authorized by law to do
banking business in College Station . Texas, and now conducting such business in
said .ot t egn Star; nn , Texas, hereinafter called "BANK".
I.
DEPOSITOR through action of its Commissioners Court, hereby designates BANK as a
depository for the period beginning nrtnher 1?, _3996 and continuing through
rn,a t , 1 QgR . This contract is to cover all accounts owned by the County
and all funds held in trust by the DEPOSITOR and placed on deposit with BANK.
II.
During the term of this depository contract, the DEPOSITOR will, through appropriate
action of its Commissioners Court, designate the officer, or officers, who singly or jointly
will be authorized to represent and act on behalf of the DEPOSITOR in any and all matters
of every kind arising under this Depository Contract and to (1) execute and deliver to the
BANK funds or fund transfer agreements (and any addenda thereto), (2) appoint and
designate, from time to time, a person or persons who may request withdrawals, orders for
payment or transfers on behalf of the DEPOSITOR in accordance with the electronic funds
or fund transfer agreement and addenda and (3) make withdrawals or transfers by written
instrument.
III.
DEPOSITOR may arrange for time deposits, and BANK may accept and hold such
deposits subject to payment in accordance with the terms of the deposit. In the event funds
for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK
will deposit the principal amount of the time deposit and any accrued interest in the
DEPOSITORs account from which funds were withdrawn to establish the time deposit.
Time deposit maturities will not extend beyond the termination of this Agreement without
the expressed consent of the BANK.
VOLJ~'.PAQe
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IV.
All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by
collateral as provided for in the Public Fund Collateral Act (V.A.T.S. Art. 2529d). The
total of the market value of the collateral (plus accrued interest or income to the extent it is
not included in such market value obtained as provided herein) securing such deposits will
be in an amount at least equal to the amount of such deposits increased by the amount of
any accrued interest and reduced to the extent that such deposits are insured by an agency
or instrumentality of the United States government. The market value with respect to any
securities (collateral) as of any date and priced on such date will be obtained from a
primary dealer. BANK must receive notification of new deposits prior to 10:30 A.M. on
the day deposits are actually received. Twenty-four (24) hours notice is necessary on
deposits totaling in excess of $1,000,000 during any banking business day.
However, failure to give such notice does not excuse the BANK from properly securing
these deposits in accordance with this agreement and the Public Fund Collateral Act within
one (1) business day of the deposit.
The Commissioners Court and/or its designated representative has the authority to reject
any collateral offered by BANK which is not deemed to be allowed under the Public Fund
'
Collateral Act or which is deemed to be of high security risk.
V.
,
BANK has heretofore or will immediately hereafter deliver to the County Treasurer
{
(hereinafter designated as "TRUSTEE") or the designated agent of the County Treasurer,
'
collateral of the kind and character above mentioned of sufficient amount and market value
to provide adequate collateral for the funds of DEPOSITOR deposited with BANK. Said
collateral or substitute collateral, as herein provided for, will be kept and retained by
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TRUSTEE in trust so long as the depository relationship between DEPOSITOR and
BANK shall exist hereunder, and thereafter so long as deposits made by DEPOSITOR with
i
BANK hereunder, or any portion thereof, shall have not been properly paid out by BANK
to DEPOSITOR or on its order.
VI.
=
Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher
s
lawfully drawn against any deposit and the interest on such deposits, or in case BANK
i
becomes insolvent or in any manner breaches its contract with DEPOSITOR, `
DEPOSITOR shall give written notice of such failure, insolvency or breach to BANK, and
?
BANK shall have three (3) business days to cure such failure, insolvency or breach. In the
event that BANK shall fail to cure such failure, insolvency or breach within three (3)
• -
business days, the parties hereto authorize the TRUSTEE to surrender to the
Commissioners Court in and for the DEPOSITOR the collateral being held by the
TRUSTEE upon receipt of a certificate whereby the DEPOSITOR, through its authorized
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representative, certifies that BANK has failed to perform its obligations under this contract.
has otherwise breached this contract or has become insolvent. The BANK agrees and
hereby instructs the TRUSTEE that a copy of this agreement attached to the certificate(s)
shall serve as the BANK's consent and approval for the TRUSTEE to sell and/or convert
the collateral to the use of the DEPOSITOR. The BANK agrees and is bound to provide
any other approvals or consents the TRUSTEE may require in order to release the
collateral for DEPOSITOR's use. The parties further agree that the DEPOSITOR may seek
an order or declaration or order of a court of lawful jurisdiction in the event that the BANK
does not comply with this provision or in the event the TRUSTEE refuses to surrender the
collateral to the Commissioners Court, with all costs and attorney's fees incurred by
DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained
by it, together with all expenses of any and every kind incurred by it on account of such
failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said
proceeds or collateral remaining unsold.
VII.
Any sale of such collateral, or any part thereof, made by DEPOSITOR hereunder may be
either at public or private sale; provided, it shall give both TRUSTEE and BANK ten (10)
days notice of the time and place where such sale shall take place, and such sale shall be to
the highest bidder therefor for cash. DEPOSITOR and BANK shall have the right to bid at
such sale.
VIII
If Bank shall desire to sell or otherwise dispose of any one or more of said securities
pledged as collateral and deposited with the TRUSTEE, it may substitute for any one or
more of such securities other securities of the same or greater market value and of the
character authorized herein and by the Public Funds Collateral Act. Such right of
substitution shall remain in full force and may be exercised by BANK as often as it may
desire; provided, however, that the aggregate market value of all collateral pledged
hereunder, shall be at least equal to the amount of collateral required hereunder and by the
Public Funds Collateral Act and other applicable law.
If at any time the aggregate market value of such collateral so deposited with TRUSTEE be
less than the total sum of the DE-POSITOR's funds on deposit with said BANK, BANK
shall immediately deposit with TRUSTEE such additional collateral as may be necessary
to cause the market value of such collateral to equal the total amount of required collateral.
BANK shall be entitled to income on securities held by TRUSTEE, unless there is
insufficient collateral on deposit with the TRUSTEE to cover the public funds as required
by law at the time the request is made. Approval of the DEPOSITOR will be required in
all circumstances and if the collateral deficiency is not seasonably cured and the
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DEPOSITOR's consent is not given (in writing), the income becomes collateral for public
funds to the extent of the collateral deficiency.
The TRUSTEB's consent as well as the consent of the DEPOSITOR must be obtained for a
security to be released as collateral. Before a security is released from collateral that is to
be replaced, the BANK must present to the TRUSTEE the replacement collateral that is
being offered, and the TRUSTEE must accept such replacement.
Ix
If at any time the collateral in the hands of the TRUSTEE shall have a market value in
excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may
authorize the withdrawal of a specified amount of collateral by the TRUSTEE based on a
written request from the BANK to the Commissioners Court.
X.
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Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the
expiration date by providing advanced written notice to the other party of its election to do
so, and this agreement shall be void from and after the expiration of ninety (90) days after
the receipt of such notice, provided all provisions of this agreement have been fulfilled.
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When the relationship of DEPOSITOR and BANK shall have ceased to exist between
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DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of
;
DEPOSITOR, it shall be the duty of the TRUSTEE to issue a certificate to that effect to the
` BANK and the Commissioners Court, and, if all obligations under this agreement and
applicable law have been fulfilled, Commissioners Court will issue written authorization to
i•
the TRUSTEE to deliver all collateral being held in the possession of the TRUSTEE to the
BANK.
X11.
This contract is subject to, and incorporates, the current laws governing the relationships
between counties, depositories and custodians/trustees and related entities as established by
the Texas Local Government Code and the Vernon's Annotated Texas Civil Statutes and
i
any amendments or revisions thereto. BANK warrants and represents that it shall comply
with all applicable laws, rules and regulations which govern or apply to this contract.
BANK further warrants that in the event that it is aware of an
violation of a
licable laws
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rules and regulations, it will bring the event to the attention of the TRUSTEE and the
DEPOSITOR immediately and in writing within three (3) business days.
X111.
This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY,
TEXAS, and the venue of any legal actions or proceedings arising out of or related to this
contract, or out of any disputes between the parties concerning the subject matter of this
contract or arising out of the violation or application of any law governing the subject
matter of this agreement (including but not limited to the Public Funds Collateral Act, Art.
2529d) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS.
XIV.
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All notices, demands, or other writings may be delivered by any party hcreto to the other,
by United States Mail or other reliable courier at the following addresses:
DEPOSITOR: Al Jones, County Judge
Brazos County, Texas
300 East 26th Street
Bryan, Texas 77803
CUSTODIAN OF FUNDS:
Brazos County, Texas
300 East 26th Street
Bryan, Texas 77803
TRUSTEE OF COLLATERAL: Brazos County Treasurer
Brazos County, Texas
300 East 26th Street
Bryan, Texas 77803
BANK: CCpmmm National Ag
2405 Texas Averuie South
C0110ge Starinn, TP,fqs 37840
The address to which any notice, demand, or other writing may be delivered to any party as
above provided may be changed by written notice given by such parry to the other two
parties as above provided.
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BANK represents that the collateral pledged to DEPOSITOR is not other wise assigned,
pledged or encumbered and that no lien, or security interests exist other than the security
interest held by the DEPOSITOR pursuant to this agreement. Possession of the collateral
i by the TRUSTEE is intended as perfection of DEPOSITOR's security interest therein.
BANK warrants that the collateral (in the form and amount required by law) is held by
? TRUSTEE for the benefit of DEPOSITOR and as security for DEPOSITOR's funds.
The County shall deliver to BANK within live (S) working days from the date of execution
of this agreement, a list of those individuals authorized to act on behalf of the Court and
the Clerks.
The BANK shall deliver to County on the date of execution hereof a Certified Corporate
Resolution of its Board of Directors approving this contract, the execution thereof and
indicating the authority of an individual(s) to pledge collateral on behalf of the BANK.
t
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EXECUTED this 17th day of October, 1996
duly authorized officers of the parties hereto.
by, the undersigned
FOR COWERCE NAtIONAL BANK:
Allan W. Hanson DATE: ~i
(Name)
President & Chief Executive Officer
Z~~,~-
(Signature) (Title)
FOR BRAZOS COUNTY:
Q L V 11111. JV UJ ,5 DATE: 17.
- 1't -S L
(Name)
(Signature) itlc)
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TIE STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, on this day personally appeared Allan W. Hanson
President of Commerce National BANK.
known to me the person whose name is subscribed to the forgoing instrument, and
acknowledged to me that he/she executed the same as the act and deed of the
Commerce National BANK a corporation, for the purpose and consideration
therein expressed and in the capacity therein stated.
V/
GIV N UNDER MY/ _HAND AND SEAL OF OFFICE, this the a2 of
Notary Public, State of Texas
Printed Name: MARSHA K BAKER
e es
A!y ~I4M'Y1"On Ecyros
Commission Expires: MAY 13 2000
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, on this day personally appeared
of BRAZOS COUNTY, TEXAS
known to me the person whose name is subscribed to the forgoing instrument, and
acknowledged to me that he executed the same as the act and deed of the BRAZOS
COUNTY, TEXAS, for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE. this the of
Notary Public, State of Texas
Printed Name:
Commission Expires:
i
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s Secretary's Certificate
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This is to certify, that at a meeting of the Board of Directors of Commerce National Bank, held
on October 17, 1996, a quorum being present, that the following resolution was adopted:
RESOLVED that Allan W Hanson President and Chief Erecutive Officer of Commerce
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National Bank, be authorized to execute a Depository Agreement by and between
,
BRAZOS COUNTY, 7EX IS and COMMERCE NATIONAL BANK
FURTHER RESOLVED, that the depository contract will be for a period beginning
October 17, 19916 and continuing through January 1, 1998.
In witness whereof, I have hereunto signed my name and affixed the seal of this financial
institution.
n
Marsha K. Baker
Secretary to the Board of Directors
Commerce National Bank
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Certiflaation
NORWEST BANK TEXAS, SOUTH CENTRAL
1, Deanna Wilde, an Assistant Secretary of Norwest Bank Texas, South Central, a banking association organized under
the laws of the State of Texas (the "Bank'), hereby certify that the following resolution was duly adopted by the Board of
Directors of the Bank at a meeting thereof held on July 24, 1998, and that said resolution has not been amended or
revoked and remains in full force and effect on the date hereof:
RESOLVED that Instruments, documents, or agreements relating to or affecting the property or business and affairs of
this Bank, or of this Bank when acting In any representative or fiduciary capacity, may be executed In its name, with or
without its corporate seal, by the persons hereinafter designated.
For the purposes of this resolution, `Executive Offk:er shall mean any person specifically designated as an Executive
Officer of this Bank by resolution of the Board of Directors, and "Signing Officer" shall mean the Chairman of the Board,
the President, and Vice President (including any Executive Vice President or any Senior Vice President), the Cashier, the
Controller, any Office President, any Managing Officer, any Assistant Vice President, Assistant Cashier, any functional title
which includes the word "Officer' (e.g., Commercial Banking Officer, Personal Banking Officer, Trust Officer), or any other
functional title hereinafter designated by the Board of Directors as an officer of the Bank.
3. Any Signing Officer, acting alone, may execute:
a) Assignments of mortgages, releases or satisfactions of mortgages, certificates of redemption, assignments of
sheriff's certificates; trust deeds, and declarations of trust.
b) Transfers and assignments of stocks, bonds or other securities.
c) Loan agreements, letters of credit advised without confirmation, participation agreements and certificates of
participation.
d) Security agreements, financing statements, termination statements, continuation statements, and statements of
assignment with respect to which this Bank Is a secured party, releases of security Interests in and liens upon
personal property.
e) Receipts for any money or property paid or delivered to this Bank.
Demands, notices of acceleration, or extensions of the time for payment of any note or other obligation held by
this Bank.
g) Notices of default and of election to sell or cause to be sold the property described In any mortgage or deed of
trust held by this Bank, notices to the trustee named in any such deed of trust, and do any other act or sign any
other document provided for by law, or which may be necessary, expedient or proper in order to protect or
enforce the rights of this Bank under any such mortgage or deed of trust.
h) Checks, drafts, cashiers checks, money orders, certificates of deposit, savings certificates and other similar
obligations of this Bank.
7 Certifications of checks of customers.
11) Tax returns and related Instruments.
k) Guaranties of the signatures of customers, or other signatures, whether appearing as endorsements of bonds,
certificates of stock, other securities, or otherwise.
1) Claims of this Bank as a creditor of any decedent, or of a person who is a party to any form of proceeding In
bankruptcy, receivership, Insolvency or similar proceeding, or any other claim of this Bank in any other type of
action or proceeding.
m) Proxies to vote stock held by this Bank.
n) Pleadings, petitions, accounts, and other documents to be filed In any court or other proceeding Involving this
Bank, including verifications thereof.
o) The 'Oath of Officer of Incorporated Company' required by 48 U.S.C.A. 838 or any similar statute, and other
documents in favor of or affecting this Bank In connection with the recording of preferred mortgages.
p) Deeds, leases, assignments and conveyances of any real or personal property held by the Bank In any
representative or fiduciary capacity, or any Interest therein.
q) Trust Indentures, declarations of trust and trust and agency agreements, acceptances thereof and consents
thereto, and any similar documents however denominated; petitions for the appointment or the confirmation of
appointment of this Bank in any representative or fiduciary capacity; certificates of assets held in any account of
this Bank; certificates of authentication with respect to bonds, notes, debentures, and other obligations issued
under corporate mortgages, trust agreements and other indentures; certificates for securities deposited, interim
certificates and other certificates for and on behalf of this Bank as depository or agent; countersignatures of
bonds. notes, certificates of stock. voting trust certificates or participation certificates on behalf of this Bank as
transfer agent or registrar, certificates of cancellation and of cremation of stocks, bonds or other securities;
certificates of incumbency of trustee: and resignations of this Bank in any representative or fiduciary capacity.
r) Certifications of records, confirmations, and affidavits.
IN WITNESS WHEREOF. I have hereunto signed my name th -4/0-day of C/1 ~l/ 1998.
Deanna Wilde, Assistant Secretary
VOL PAGE
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G
BANK DEPOSITORY CONTRACT
THIS DEPOSITORY CONTRACT is made and entered into on the date last herein
written by and between BRAZOS COUNTY, TEXAS, herein after called
"DEPOSITOR", AND NORWEST BANK TEXAS, SOUTH CENTRAL , a
national banking association, organized under the laws of the United States and
authorized by law to do banking business in Bryan/College Station , Texas, and
now conducting such business in said Bryan/College Station , Texas, hereinafter
called "BANK".
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DEPOSITOR through action of its Commissioners Court, hereby designates BANK
as a depository for the period beginning October 15. 1996 and continuing
through November 1. 1998 . This contract is to cover accounts owned by
the County and all funds held in trust by the DEPOSITOR and placed on deposit
with BANK
II.
During the term of this depository contract, the DEPOSITOR will, through
appropriate action of its Commissioners Court, designate the officer, or officers, who
singly or jointly will be authorized to represent and act on behalf of the
DEPOSITOR in any and all matters of every kind arising under this Depository
Contract and to (1) execute and deliver to the BANK funds or fund transfer
agreements (and any addenda thereto), (2) appoint and designate, from time to time,
a person or persons who may request withdrawals, orders for payment or transfers
on behalf of the DEPOSITOR in accordance with the electronic funds or fund
transfer agreement and addenda and (3) make withdrawals or transfers by written
instrument.
III.
DEPOSITOR may arrange for time deposits, and BANK may accept and hold such
deposits subject to payment in accordance with the terms of the deposit. In the event
funds for a time deposit are withdrawn from a transaction or savings account, at
maturity, BANK will deposit the principal amount of the time deposit and any
accrued interest in the DEPOSITORYs account from which funds were withdrawn to
establish the time deposit. Cashiers checks will be issued payable to Brazos County
on maturing time deposits unless reinvested. Time deposit maturities will not extend
beyond the termination of this Agreement without the expressed consent of the
BANK..
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VI.
Should BANK fail at any time to pay and satisfy, when due, any check, draft. or
voucher lawfully drawn against any deposit and the interest on such deposits, or in
case BANK become insolvent or in any manner breaches its contract with
DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency or
breach to BANK, and BANK shall have three (3) business days to cure such failure,
insolvency or breach. In the event that BANK shall fail to cure such failure,
insolvency or breach with within three (3) business days, the parties hereto authorize
the TRUSTEE to surrender to the Commissioners Court in and for the
DEPOSITOR the collateral being held by the TRUSTEE upon receipt of a
VOL PACE
IV.
All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by
collateral as provided for in the Public Fund Collateral Act. (V.A.T.S. Art. 2529d).
The total of the market value of the collateral (plus accrued interest or income to
the extent it is not included in such market value obtained as provided herein)
securing such deposits will be in an amount at least equal to the amount of such
deposits increased by the amount of any accrued interest and reduced to the extent
that such deposits are insured by an agency or instrumentality of the United States
government. The market value with respect to any securities (collateral) as of any
date and priced on such date will be obtained from a primary dealer, BANK must
receive notification of new deposits prior to 10:30 A.M. on the day deposits are
actually received. Twenty-four (24) hours notice is necessary on deposits totaling in
excess of $1,000,000 during any banking business day. However, failure to give such
notice does not excuse the BANK from properly securing these deposits in
accordance with this agreement and the Public Fund Collateral Act within one (1)
business day of the deposit.
The Commissioners Court and/or its designated representative has the authority to
reject any collateral offered by BANK which is not deemed to be allowed under the
Public Fund Collateral Act or which is deemed to be of high security risk.
V.
BANK has heretofore or will immediately hereafter deliver to the Federal Reserve
Bank on behalf of Brazbs County District Clerk (hereinafter designated as
'TRUSTEE") collateral of the kind and character above mentioned of sufficient
amount and market value to provide adequate collateral for the funds of
DEPOSITOR deposited with BANK. Said collateral or substitute collateral, as
herein provided for, will be kept and retained by TRUSTEE in trust so long as the
depository relationship between DEPOSITOR and BANK shall exist hereunder, and
thereafter so long as deposits made by DEPOSITOR with BANK hereunder, or any
portion thereof, shall have not been properly paid out by BANK to DEPOSITOR or
on its order.
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•
Any sale of such collateral, or any part thereof, made by DEPOSITOR hereunder
may be either at public or private sale; provided, it shall give both TRUSTEE and
BANK ten (10) days notice of the time and place where such sale shall take place,
and such sale shall be to the highest bidder therefor for cash. DEPOSITOR and
BANK shall have the right to bid at such sale.
VIII.
If Bank shall desire to sell or otherwise dispose of any one or more of said securities
pledged as collateral and deposited with the TRUSTEE, it may substitute for any one
or more of such securities other securities of the same or greater market value and
of the character authorized herein and by the Public Funds Collateral Act. Such
right of substitution shall remain in full force and may be exercised by BANK as
often as it may desire; provided, however, that the aggregate market value of all
collateral pledged hereunder, shall be at least equal to the amount of collateral
required hereunder and by the Public Funds Collateral Act and other applicable law.
~ r
certificate whereby the DEPOSITOR, through its authorized representative, certifies
that BANK has failed to perform its obligations under this contract, has otherwise
breached this contract or has become insolvent. The BANK agrees and hereby
instructs the TRUSTEE that a copy of this agreement attached to the certificate(s)
shall serve as the BANK's consent and approval for the TRUSTEE to sell and/or
convert the collateral to the use of the DEPOSITOR. The BANK agrees and is
bound to provide any other approvals or consents the TRUSTEE may require in
order to release the collateral for DEPOSITOR's use. The parties further agree that
the DEPOSITOR may seek an order or declaration or order of a court of lawful
jurisdiction in the event that the BANK does not comply with this provision or in the
event the TRUSTEE refuses to surrender the collateral to the Commissioners Court,
with all costs and attorney's fees incurred by DEPOSITOR to be reimbursed thereof,
pay DEPOSITOR all damages and losses sustained by it, together with all expenses
of any and every kind incurred by it on account of such failure or insolvency, or sale,
accounting to BANK for the remainder, if any, of said proceeds or collateral
remaining unsold.
If at any time the aggregate market value of such collateral so deposited with
TRUSTEE be less than the total sum of the DEPOSITOR's funds on deposit with
said BANK BANK shall immediately deposit with TRUSTEE such additional
collateral as may be necessary to cause the market value of such collateral to equal
the total amount of required collateral. BANK shall be entitled to income on
securities held by TRUSTEE, unless there is insufficient collateral on deposit with
the TRUSTEE to cover the public funds as required by law at the time the request
is made. Approval of the DEPOSITOR will be required in all circumstances and if
the collateral deficiency is not reasonably cured and the DEPOSITOR's consent is
not given (in writing), the income becomes collateral for public funds to the extent
VOL~,_ PAC~E...~Ll.,..,
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of the collateral deficiency.
The TRUSTEE's consent as well as the consent of the DEPOSITOR must be
obtained for a security to be released as collateral. Before a security is released
from collateral that is to be replaced, the BANK must present to the TRUSTEE the
replacement collateral that is being offered, and the TRUSTEE must accept such
replacement.
UL
If at any time the collateral in the hands of the TRUSTEE shall have a market value
in excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may
authorize the withdrawal of a specified amount of collateral by the TRUSTEE based
on a written request from the BANK to the Commissioners Court.
X.
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Either DEPOSITOR or BANK shall have the right to terminate this agreement prior
to the expiration date by providing advanced written notice to the other party of its
election to do so, and this agreement shall be void from and after the expiration of
ninety (90) days after the receipt of such notice, provided all provisions of this
agreement have been fulfilled.
M.
When the relationship of DEPOSITOR and BANK shall have ceased to exist
between DEPOSITOR and BANK, and when BANK shall have properly paid out all
deposits of DEPOSITOR, it shall be the duty of the TRUSTEE to issue a certificate
to that effect to the BANK and the Commissioners Court, and, if all obligations
under this agreement and applicable law have been fulfilled, Commissioners Court
will issue written authorization to the TRUSTEE to deliver all collateral being held
in possession of the TRUSTEE to the BANK.
XII.
The contract is subject to, and incorporates, the current laws governing the
relationships between counties, depositories and custodians/trustees and related
entities as established by the Texas Local Government Code and the Vernon's
Annotated Texas Civil Statutes and any amendments or revisions thereto. BANK
warrants and represents that it shall comply with all applicable laws, rules and
regulations which govern or apply to this contract. BANK further warrants that in
the event that it is aware of any violation of applicable laws, rules and regulations,
it will bring the event to the attention of the Trustee and the DEPOSITOR
immediately and in writing within three (3) business days.
VOL . PAGE 7ZZ
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XIII.
This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY,
TEXAS, and the venue of any legal actions or proceedings arising out of or related
to this contract, or out of any disputes between the parties concerning the subject
matter of this contract or arising out of the violation or application of any law
governing the subject matter of this agreement (including but not limited to the
Public Funds Collateral Act, Art. 2529d) is placed by agreement of the parties in
BRYAN, BRAZOS COUNTY, TEXAS.
All notices, demands, or other writings may be delivered by any party hereto to the
other by United States Mail or other reliable courier at the following addresses:
DEPOSITOR: Al Jones, County Judge
Brazos County, Texas
300 East 26th Street
Bryan, TX 77803
CUSTODIAN OF FUNDS: District Clerk
Brazos County, Texas
300 East 26th Street
Bryan, TX 77803
TRUSTEE OF COLLATERAL: Federal Reserve Bank
Houston Branch
Box 2578
Houston, TX 77252
BANK: Norwest Bank Texas, South Central
(Bryan Office)
3000 Briarcrest Drive
Bryan, TX 77802
The address to which any notice, demand, or other writing may be delivered to any
party as above provided may be changed by written notice given by such party to the
other two parties as above provided.
PACT F
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XV.
BANK represents that the collateral pledged to DEPOSITOR is not other wise
assigned, pledged or encumbered and that no lien, or security interests exist other
than the security interest held by the DEPOSITOR pursuant to this agreement.
Possession of the collateral by the TRUSTEE is intended as perfection of
DEPOSITOR's security interest therein. BANK warrants that the collateral (in the
form and amount required by law) is held by TRUSTEE for the benefit of
DEPOSITOR and as security for DEPOSITOR's funds.
r
The County shall deliver to BANK within five (5) working days from the date of
execution of this agreement, a list of those individuals authorized to act on behalf of
the Court and the Clerks.
The BANK shall deliver to County on the date of execution hereof a Certified
Corporate Resolution of its Board of Directions approving this contract, the
execution thereof and indicating the authority of an individual(s) to pledge collateral
on behalf of the BANK
EXECUTED this day of by the undersigned
duly authorized officers of the parties hereto.
FOR NORWEST BANK TEXAS. SOUTH CENTRAL (Bryan Office)
Z0 iL - a DATE: le
(Name)
(Signature) (Title)
FOR BRAZOS COUNTY:
At i to w . JD&ss DATE: 12 - /7- 4G
(Name)
Ctt. &0!! JUD&S.-
(Signal e) (Title)
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BANK DEPOSITORY CONTRACT
THIS DEPOSITORY CONTRACT is made and entered into on the date last herein
written by and between BRAZOS COUNTY, TEXAS, herein after called
"DEPOSITOR", AND NORWEST BANK TEXAS SOUTH CENTRAL , a
national banking association, organized under the laws of the United States and
authorized by law to do banking business in BryanfCollege Station . Texas, and
now conducting such business in said Bryan/College Station . Texas, hereinafter
called "BANK".
I. '
'r
DEPOSITOR through action of its Commissioners Court, hereby designates BANK f
as a depository for the period beginning October 15. 1996 and continuing
through November 1. 1998 . This contract is to cover accounts owned by
the County and all funds held in trust by the DEPOSITOR and placed on deposit
with BANK.
II.
During the term of this depository contract, the DEPOSITOR will, through
appropriate action of its Commissioners Court, designate the officer, or officers, who
j singly or jointly will be authorized to represent and act on behalf of the
DEPOSITOR in any and all matters of every kind arising under this Depository
Contract and to (1) execute and deliver to the BANK funds or fund transfer
agreements (and any addenda thereto), (2) appoint and designate, from time to time,
a person or persons who may request withdrawals, orders for payment or transfers
on behalf of the DEPOSITOR in accordance with the electronic funds or fund
transfer agreement and addenda and (3) make withdrawals or transfers by written
instrument.
III. ~ f
DEPOSITOR may arrange for time deposits, and BANK may accept and hold such
deposits subject to payment in accordance with the terms of the deposit. In the event
funds for a time deposit are withdrawn from a transaction or savings account, at
maturity, BANK will deposit the principal amount of the time deposit and any
accrued interest in the DEPOSITOR's account from which funds were withdrawn to
establish the time deposit. Cashiers checks will be issued payable to Brazos County
on maturing time deposits unless reinvested. Time deposit maturities will not extend
beyond the termination of this Agreement without the expressed consent of the i
BANK '
VOL PAGE,
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IV.
All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by
collateral as provided for in the Public Fund Collateral Act. (V.A.T.S. Art. 2529d).
The total of the market value of the collateral (plus accrued interest or income to
the extent it is not included in such market value obtained as provided herein)
securing such deposits will be in an amount at least equal to the amount of such
deposits increased by the amount of any accrued interest and reduced to the extent
that such deposits are insured by an agency or instrumentality of the United States
government. The market value with respect to any securities (collateral) as of any
date and priced on such date will be obtained from a primary dealer, BANK must
receive notification of new deposits prior to 10:30 A.M. on the day deposits are
actually received. Twenty-four (24) hours notice is necessary on deposits totaling in
excess of $1,000,000 during any banking business day. However, failure to give such
notice does not excuse the BANK from properly securing these deposits in
accordance with this agreement and the Public Fund Collateral Act within one (1)
business day of the deposit.
The Commissioners Court and/or its designated representative has the authority to
reject any collateral offered by BANK which is not deemed to be allowed under the
Public Fund Collateral Act or which is deemed to be of high security risk.
V.
BANK has heretofore or will immediately hereafter deliver to the Federal Reserve
Bank on behalf of Brazos County District Clerk (hereinafter designated as
'TRUSTEE") collateral of the kind and character above mentioned of sufficient
amount and market value to provide adequate collateral for the funds of
DEPOSITOR deposited with BANK Said collateral or substitute collateral, as
herein provided for, will be kept and retained by TRUSTEE in trust so long as the
depository relationship between DEPOSITOR and BANK shall exist hereunder, and
thereafter so long as deposits made by DEPOSITOR with BANK hereunder, or any
portion thereof, shall have not been properly paid out by BANK to DEPOSITOR or
on its order.
VI.
Should BANK fail at any time to pay and satisfy, when due, any check, draft, or
voucher lawfully drawn against any deposit and the interest on such deposits, or in
case BANK become insolvent or in any manner breaches its contract with
DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency or
breach to BANK, and BANK shall have three (3) business days to cure such failure,
insolvency or breach. In the event that BANK shall fail to cure such failure,
insolvency or breach with within three (3) business days, the parties hereto authorize
the TRUSTEE to surrender to the Commissioners Court in and for the
DEPOSITOR the collateral being held by the TRUSTEE upon receipt of a
VOL_'?_.._..PAQ E, -11- 6
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certificate whereby the DEPOSITOR, through its authorized representative, certifies
j that BANK has failed to perform its obligations under this contract, has otherwise
breached this contract or has become insolvent. The BANK agrees and hereby
instructs the TRUSTEE that a copy of this agreement attached to the certificate(s)
shall serve as the BANK's consent and approval for the TRUSTEE to sell and/or
convert the collateral to the use of the DEPOSITOR. The BANK agrees and is
bound to provide any other approvals or consents the TRUSTEE may require in
order to release the collateral for DEPOSITOR's use. The parties further agree that
the DEPOSITOR may seek an order or declaration or order of a court of lawful
jurisdiction in the event that the BANK does not comply with this provision or in the
event the TRUSTEE refuses to surrender the collateral to the Commissioners Court,
with all costs and attorney's fees incurred by DEPOSITOR to be reimbursed thereof,
pay DEPOSITOR all damages and losses sustained by it, together with all expenses
of any and every kind incurred by it on account of such failure or insolvency, or sale,
accounting to BANK for the remainder, if any, of said proceeds or collateral
remaining unsold.
VII.
•
Any sale of such collateral, or any part thereof, made by DEPOSITOR hereunder
may be either at public or private sale; provided, it shall give both TRUSTEE and
BANK ten (10) days notice of the time and place where such sale shall take place,
and such sale shall be to the highest bidder therefor for cash. DEPOSITOR and
BANK shall have the right to bid at such sale.
I VIII.
If Bank shall desire to sell or otherwise dispose of any one or more of said securities
pledged as collateral and deposited with the TRUSTEE, it may substitute for any one
or more of such securities other securities of the same or greater market value and
of the character authorized herein and by the Public Funds Collateral Act. Such
right of substitution shall remain in full force and may be exercised by BANK as
often as it may desire; provided, however, that the aggregate market value of all
collateral pledged hereunder, shall be at least equal to the amount of collateral
required hereunder and by the Public Funds Collateral Act and other applicable law.
1
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If at any time the aggregate market value of such collateral so deposited with
TRUSTEE be less than the total sum of the DEPOSITOR's funds on deposit with
said BANK. BANK shall immediately deposit with TRUSTEE such additional
collateral as may be necessary to cause the market value of such collateral to equal
the total amount of required collateral. BANK shall be entitled to income on
securities held by TRUSTEE, unless there is insufficient collateral on deposit with
the TRUSTEE to cover the public funds as required by law at the time the request
is made. Approval of the DEPOSITOR will be required in all circumstances and if
the collateral deficiency is not reasonably cured and the DEPOSITOR's consent is
not given (in writing), the income becomes collateral for public funds to the extent
VOL ~ PAaE .-W~.
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of the collateral deficiency.
The TRUSTEE's consent as well as the consent of the DEPOSITOR must be
obtained for a security to be released as collateral. Before a security is released
from collateral that is to be replaced, the BANK must present to the TRUSTEE the
replacement collateral that is being offered, and the TRUSTEE must accept such
replacement.
IX.
If at any time the collateral in the hands of the TRUSTEE shall have a market value
in excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may
authorize the withdrawal of a specified amount of collateral by the TRUSTEE based
on a written request from the BANK to the Commissioners Court.
X.
Either DEPOSITOR or BANK shall have the right to terminate this agreement prior
to the expiration date by providing advanced written notice to the other party of its
election to do so, and this agreement shall be void from and after the expiration of
ninety (90) days after the receipt of such notice, provided all provisions of this
agreement have been fulfilled.
M.
When the relationship of DEPOSITOR and BANK shall have ceased to exist
between DEPOSITOR and BANK, and when BANK shall have properly paid out all
deposits of DEPOSITOR, it shall be the duty of the TRUSTEE to issue a certificate
to that effect to the BANK and the Commissioners Court, and, if all obligations
under this agreement and applicable law have been fulfilled, Commissioners Court
will issue written authorization to the TRUSTEE to deliver all collateral being held
in possession of the TRUSTEE to the BANK.
XII.
The contract is subject to, and incorporates, the current laws governing the
relationships between counties, depositories and custodians/trustees and related
entities as established by the Texas Local Government Code and the Vernon's
Annotated Texas Civil Statutes and any amendments or revisions thereto. BANK
warrants and represents that it shall comply with all applicable laws, rules and
regulations which govern or apply to this contract. BANK further warrants that in
the event that it is aware of any violation of applicable laws, rules and regulations,
it will bring the event to the attention of the Trustee and the DEPOSITOR
immediately and in writing within three (3) business days.
f
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XIV.
01
C71
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XIII.
•
This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY,
TEXAS, and the venue of any legal actions or proceedings arising out of or related
to this contract, or out of any disputes between the parties concerning the subject
matter of this contract or arising out of the violation or application of any law
governing the subject matter of this agreement (including but not limited to the
Public Funds Collateral Act, Art. 2529d) is placed by agreement of the parties in
BRYAN, BRAZOS COUNTY, TEXAS.
All notices, demands, or other writings may be delivered by any parry hereto to the
other by United States Mail or other reliable courier at the following addresses:
DEPOSITOR: Al Jones, County Judge
Brazos County, Texas
300 East 26th Street
• Bryan, TX 77803
CUSTODIAN OF FUNDS: District Clerk
Brazos County, Texas
300 East 26th Street
Bryan, TX 77803
TRUSTEE OF COLLATERAL: Federal Reserve Bank
Houston Branch
Box 2578
Houston, TX 77252
BANK: Norwest Bank Texas, South Central
(Bryan Office)
3000 Briarcrest Drive
Bryan, TX 77802
The address to which any notice, demand, or other writing may be delivered to any
party as above provided may be changed by written notice given by such parry to the
other two parties as above provided.
VOL
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XV•
BANK represents that the collateral pledged to DEPOSITOR is not other wise
assigned, pledged or encumbered and that no lien, or security interests exist other
than the security interest held by the DEPOSITOR pursuant to this agreement.
Possession of the collateral by the TRUSTEE is intended as perfection of
DEPOSITOR's security interest therein. BANK warrants that the collateral (in the
form and amount required by law) is held by TRUSTEE for the benefit of
DEPOSITOR and as security for DEPOSITOR's funds.
The County shall deliver to BANK within five (5) working days from the date of
j execution of this agreement, a list of those individuals authorized to act on behalf of
the Court and the Clerks.
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The BANK shall deliver to County on the date of execution hereof a Certified
Corporate Resolution of its Board of Directions approving this contract, the
execution thereof and indicating the authority of an individual(s) to pledge collateral
on behalf of the BANK.
EXECUTED this day of by the undersigned
duly authorized officers of the parties hereto.
FOR NORWEST BANK TEXAS SOUTH CENTRAL (Bryan 01'fTice) :
DATE: & -7 2
(Name)
(Signature) (Title)
FOR BRAZOS COUNTY:
LL 1 u w. DATE: 1Z-17-9f-
(Name)
/
(Signatur (Title)
v0L--f-rs.PAQ9. ZAM
05/29/96 11:07 0409 361 0197 B. C. D. C. 002.008
•
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THIS DEPOSITORY CONTRACT is made and entered into on the date last herein written
by and between BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR", and
FIRST FED . nt. SayrNr_3 BANK a FEDERALLY/ CHARTERED SAVINGS BUM M# & LOAN
association, organized under the laws of the United States and authorized by law to do
banking business in BRYAN/BRAZOS COUNTY, Texas, and now conducting such business in
said _ BRYAN/BRAZOS COUNTY . Texas, hereinafter called "BANK".
1.
DEPOSITOR through action of its Commissioners Court, hereby designates BANK as a
depository for the eriod beginning 10/15/96 and continuing through
1 / 1 / 9- . This contract is to cover all accounts owned by the County
and all funds held in trust by the DEPOSITOR and placed on deposit with BANK.
H.
During the term of this depository contract, the DEPOSITOR will, through appropriate
action of its Commissioners Court, designate the officer, or officers, who singly or jointly
will be authorized to represent and act on behalf of the DEPOSITOR in any and all matters
of every kind arising under this Depository Contract and to (1) execute and deliver to the
BANK funds or fund transfer agreements (and any addenda thereto), (2) appoint and
designate,-from time to time, a person or persons who may request withdrawals, orders for
payment or transfers on behalf of the DEPOSITOR in accordance with the electronic funds
or fwid transfer agreement and addenda and (3) make withdrawals or transfers by written
instrument.
III.
DEPOSITOR may arrange for time deposits, and BANK may accept and hold such
deposits subject to payment in accordance with the terms of the deposit. In the event funds
for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK
will deposit the principal amount of the time deposit and any accrued interest in the
DEPOSITORs account from which funds were withdrawn to establish the time deposit.
Time deposit maturities will not extend beyond the termination of this Agreement without
the expressed consent of the BANK
3
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08/29/90 11:08 'x'409 301 0197 B.C.D.C.
IV.
0002/008
All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by
collateral as provided for in the Public Fund Collateral Act (V.A.T.S. Art. 2529d). The
total of the market value of the collateral (plus accrued interest or income to the extent it is
not included in such market value obtained as provided herein) securing such deposits will
be in an amount at least equal to the amount of such deposits increased by the amount of
any accrued interest and reduced to the extent that such deposits are insured by an agency
or instrumentality of the United States government. The market value with respect to any
securities (collateral) as of any date and priced on such date will be obtained from a
primary dealer. BANK must receive notification of new deposits prior to 10:30 A.M. on
the day deposits are actually received. Twenty-four (24) hours notice is necessary on
deposits totaling in excess of 51,000,000 during any banking business day.
However, failure to give such notice does not excuse the BANK from properly securing
these deposits in accordance with this agreement and the Public Fund Collateral Act within
one (1) business day of the deposit.
The Commissioners Court and/or its designated representative has the authority to reject
any collateral offered by BANK which is not deemed to be allowed under the Public Fund
Collateral Act or which is deemed to be of high security risk.
V.
BANK has heretofore or will immediately hereafter deliver to the County Treasurer
(hereinafter designated as "TRUSTEE") or the designated agent of the County Treasurer,
collateral of the kind and character above mentioned of sufficient amount and market value
to provide adequate collateral for the funds of DEPOSITOR deposited with BANK. Said
collateral or substitute collateral, as herein provided for, will be kept and retained by
i` TRUSTEE in trust so long as the depository relationship between DEPOSITOR and
BANK shall exist hereunder, and thereafter so long as deposits made by DEPOSITOR with
BANK hereunder, or any portion thereof, shall have not been properly paid out by BANK
to DEPOSITOR or on its order.
r . VI.
Should BANK fail at any time to pay and satisfy. when due, any check, draft, or voucher
} lawfully drawn against any deposit and the interest on such deposits, or in case BANK
f becomes insolvent or in any manner breaches its contract with DEPOSITOR,
DEPOSITOR shit!l give written notice of such failure, insolvency or breach to BANK, and
BANK shall have three (3) business days to cure such failure, insolvency or breach. In the
event that BANK shall fail to cure such failure, insolvency or breach within three (3)
G business days, the parties hereto authorize the TRUSTEE to surrender to the
Commissioners Court in and for the DEPOSITOR the collateral being held by the
TRUSTEE upon receipt of a certificate whereby thc•DEPOSITOR, through its authorized
1
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representative, certifies that BANK has failed to perform its obligations under this contract,
has otherwise breached this contract or has become insolvent. The BANK agrees and
l hereby instructs the TRUSTEE that a copy of this agreement attached to the certificate(s)
shall serve as the BANK's consent and approval for the TRUSTEE to sell and/or convert
the collateral to the use of the DEPOSITOR. The BANK agrees and is bound to provide
any other approvals or consents the TRUSTEE may require in order to release the
collateral for DEPOSITOR's use. The parties further agree that the DEPOSITOR may seek
an order or declaration or order of a court of lawful jurisdiction in the event that the BANK
does not comply with this provision or in the event the TRUSTEE refuses to surrender the
collateral to the Commissioners Court, with all costs and attorney's fees incurred by
DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained
by it, together with all expenses of any and every kind incurred by it on account of such
failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said
proceeds or collateral remaining unsold.
Q004/008
VII.
Any sale of such collateral, or any part thereof, made by DEPOSITOR hereunder may be
either at public or private sale; provided, it shall give both TRUSTEE and BANK ten (10)
days notice of the time and place where such sale shall take place, and such sale shall be to
the highest bidder therefor for cash. DEPOSITOR and BANK shall have the right to bid at
such sale.
VIII
•
If Bank shall desire to sell or otherwise dispose of any one or more of said securities
pledged.as collateral and deposited with the TRUSTEE, it may substitute for any one or
more of such securiti--s other securities of the same or greater market value and of the
character authorized herein and by the Public Funds Collateral Act. Such right of
substitution shall remain in full force and may be exercised by BANK as often as it may
desire; provided, however, that the aggregate market value of all collateral pledged
hereunder, shall be at least equal to the amount of collateral required hereunder and by the
Public Funds Collateral Act and other applicable law.
If at any time the aggregate market value of such collateral so deposited with TRUSTEE be
less than the total sum of the DEPOSITOR's funds on deposit with said BANK, BANK
shall immediately deposit with TRUSTEE such additional collateral as may be necessary
to cause the market value of such collateral to equal the total amount of required collateral.
BANK shall be entitled to income on securities held by TRUSTEE, unless there is
insufficient collateral on deposit with the TRUSTEE to cover the public funds as required
by law at the time the request is made. Approval of the DEPOSITOR will be required in
E all circumstances and if the collateral deficiency is not seasonably cured and the
t
VOL pAQE,
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DEPOSITOR's consent is not given (in writing), the income becomes collateral for public
funds to the extent of the collateral deficiency.
The TRUSTEE's consent as well as the consent of the DEPOSITOR must be obtained for a
security to be released as collateral. Before a security is released from collateral that is to
be replaced, the BANK must present to the TRUSTEE the replacement collateral that is
being offered, and the TRUSTEE must accept such replacement.
IX.
If at any time the collateral in the hands of the TRUSTEE shall have a market value in
excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may
authorize the withdrawal of a specified amount of collateral by the TRUSTEE based on a
written request from the BANK to the Commissioners Court.
X.
Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the
expiration date by providing advanced written notice to the other party of its election to do
so, and this agreement shall be void from and after the expiration of ninety (90) days after
the receipt of such notice, provided all provisions of this agreement have been fulfilled.
X.I.
When the relationship of DEPOSITOR and BANK shall have ceased to exist between
DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of
DEPOSITOR, it shall be the duty of the TRUSTEE to issue a certificate to that effect to the
BANK and the Commissioners Court, and, if all obligations under this agreement and
applicable law have been fulfilled, Commissioners Court will issue written authorization to
i the TRUSTEE to deliver all collateral being held in the possession of the TRUSTEE to the
BANK.
MI.
This contract is subject to, and incorporates, the current laws governing the relationships
between counties, depositories and custodians/trustees and related entities as established by
the Texas Local Government Code and the Vemori s Annotated Texas Civil Statutes and
any amendments or revisions thereto. BANK warrants and represents that it shall comply
with all applicable laws, rules and regulations which govern or apply to this contract.
BANK further warrants that in the event that it is aware of any violation of applicable laws,
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08/29/98 11:09 $409 381 0197 B.C.D.C.
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rules and regulations, it will bring the event to the attention of the TRUSTEE and the
DEPOSITOR immediately and in writing within three (3) business days.
XIII.
This agreement Js entered into and is performable in BRYAN, BRAZOS COUNTY,
TEXAS, and the venue of any legal actions or proceedings arising out of or related to this
contract, or out of any disputes between the parties concerning the subject matter of this
contract or arising out of the violation or application of any law governing the subject
matter of this agreement (including but not limited to the Public Funds Collateral Act, Art.
2529d) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS.
XIv.
All notices, demands, or other writings may be delivered by any party hereto to the other,
by United States Mail or other reliable courier at the following addresses:
DEPOSITOR:
Al Jones, County Judge
Brazos County, Texas
300 East 26th Street
Bryan, Texas 77803
CUSTODIAN OF FUNDS:
Brazos County, Texas
300 East 26th Street
Bryan, Texas 77803
TRUSTEE OF COLLATERAL:
Brazos County Treasurer
Brazos County, Texas
300 East 26th Street
Bryan, Texas 77803
BANK'_
FIRST FEDERAL SAVINGS BANK
900 TEXAS AVENUE
BRYAN. TEXAS 77802
The address to which any notice, demand, or other writing may be delivered to any party as
above provided may be changed by written notice given by such party to the other two
parties as above provided.
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FOR BRAZAOS COUNTY:
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~LViN W . Jones DATE: 12
(Name)
(Signature) (Title)
08/29/08 11:10 $409 381 0197 9. C. D. C. 9D007/008
XV
BANK represents that the collateral pledged to DEPOSITOR is not other wise assigned,
pledged or encumbered and that no lien, or security Interests exist other than the security
interest held by the DEPOSITOR pursuant to this agreement. Possession of the collateral
by the TRUSTEE is intended as perfection of DEPOSITOR's security interest therein.
BANK warrants that the collateral (in the form and amount required by law) is held by
TRUSTEE for thbbenefit of DEPOSITOR and as security for DEPOSITOR's funds.
The County shall deliver to BANK within five (5) working days from the date of execution
of this agreement, a list of those individuals authorized to act on behalf of the Court and
the Clerks.
The BANK shall deliver to County on the date of execution hereof a Certified Corporate
Resolution of its Board of Directors approving this contract, the execution thereof and
indicating the authority of an individual(s) to pledge collateral on behalf of the BANK.
EXECUTED this day of (:9(.+ /QQ/ by die undersigned
duly authorized officers of the parties hereto.
FOR r1-31- F-W UAUMO-5 #1' BANK:
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THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, on this day personally appeared
of BANK,
known to me the person whose name is subscribed to the forgoing instrument, and
acknowledged to me that he/she executed the same as the act and deed of the
BANK a corporation, for the purpose and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the of
•
Notary Public, State of Texas
Printed Name,
Commission Expires:
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, on this day personally appeared
of BRAZOS COUNTY, TEXAS
known to me the person whose name is subscribed to the forgoing instrument, and
acknowledged to me that he executed the same as the act and deed of the BRAZOS
COUNTY, TEXAS, for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the of
Notary Public, State of Texas
Printed Name:
Commission Expires:
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OCT 25'96,10:03 FR FHLB-DALLAS 214 714 8696 TO 914097754573
VON,
FEDERAL HOME LOAN BANK OF DALLAS
NINTH DISTRICT
CUSTODIAL SERVICES
STANDARD TERMS AND CONDITIONS
These Custodial Services Standard Terms and Conditions ("Terms and Conditions"), effective on
a continuing basis as of September 1, 1995, govern all future custodial services between Member and
Depositor, as defined herein, and the Federal Home Loan Bank of Dallas ("Bank"), with offices at 5605
North MacArthur Blvd., Irving, Texas 75038, mailing address: Attention: Securities Safekeeping
Department, P.O. Box 619026, Dallas/Fort Worth, Texas 75261-9026.
Section LL DEFINITIONS.
"Custodial Agreement and Confirm" means an agreement substantially in the form of Exhibit A
between the Bank, Member and Depositor to have Member deliver to Bank for the benefit of Depositor
certain specified collateral as outlined in such document and which such document Incorporates the
Terms and Conditions herein.
"Depositor" means any institution, corporation, municipality, Federal or State Agency or instru-
mentality authorized to enter into a Custodial Agreement and Confirm and who enters into a Custodial
Agreement and Confirm with Member and Bank
"Member" means a Member of the Bank or an institution eligible to become a Member of the
Bank that has entered into an "Amended and Restated Master Transactions Agreement" with the Bank
and who pledges collateral to Depositor in a Custodial Agreement and Confirm.
Section 1..2. PERFECTION OF SECURITY INTEREST BY DEPOSITOR. Depositor is solely
responsible for perfecting its security interest in the Collateral upon delivery to it of such Collateral
and/or assignments thereto. For Collateral that must be in the possession of Depositor to perfect a secu-
rity interest in such Collateral in favor of Depositor, as determined by Depositor, Member shall transfer
to the Bank and the Bank shall accept from Member eligible Collateral to hold as bailee for Depositor,
together with any necessary assignments thereof.
Section 13. PROVISIONAL PLEDGE. To the extent that Member requests in writing that the
Bank provisionally segregate specified collateral held In a safekeeping account with the Bank to be
pledged to Depositor, these Terms and Conditions shall govern such provisional pledge.
Section 1.4. AUTHORIZATION OF CUSTODIAL SERVICES. Member and Depositor autho-
rize the Bank to act as custodian of Collateral transferred to it pursuant to the Custodial Agreement and
Confirm in accordance with the rights and duties contained in these Terms and Conditions and to safe-
keep such Collateral subject to the terms and conditions of the Securities Safekeeping Circular. The Banks . ~ 1
shall be compensated for its services in connection with the Custodial Agreement and Confirm by the
member in accordance with the Bank's fee schedule In effect on the date the Custodial Agreement and
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ARTICLE ONE
CUSTODIAL ENGAGEMENT
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Section 25. INDEMNITY OF THE BANK Member shall reimburse, indemnify, and hold
harmless the Bank from and against any and all negligence or fraud on the part of the Bank resulting
from the exercise by the Bank of any authority or power granted to it hereunder, or from daims of third
parties, Depositor, or from any taxes or other govertunental charges, and any expenses related thereto,
which may be imposed or assessed in respect to the custodial services performed pursuant to the
Custodial Agreement and Confirm. Member further agrees that the Bank shall be entitled to make claim
for and to receive from the value of the Collateral pledged hen-under all funds due to the Bank from
Member pursuant to the indemnity granted herein and all of the costs and expenses, including without
limitation, attorney's fees arising out of or in any way connected with an action in the nature of an inter-
pleader. Such claims by the Bank shall have priority status (subject to any claiEw of Depositor) among
the dain%s asserted against the CollateraL
OCT 25'96.10:04 FR FliLB-DALLAS 214 714 8696 TO 914097754573 P.04/09
Confirm is signed. Member authorizes the Bank to make all necessary and proper debits and credits to
the deposit account(s) of Member with the Bank in connection with the performance of custodial ser-
vices under the Custodial Agreement and Confirm. All charges by the Bank for the handling and safe.
keeping of Collateral pursuant to the Custodial Agreement and Confirm shall be paid by Member.
ARTICLE TWO
RIGHTS AND DUTIES OF MEMBER
Section 2-1. OWNERSHIP OF THE COLLATERAL. Member shall be the owner of all
Collateral, and all income derived therefrom, whether transferred to the Bank or Depositor under a
Custodial Agreement and Confirm as may be in effect from time to time and the Bank is acting as custo-
dian of Member on behalf of Depositor in accordance with such Custodial Agreement and Confirm of
which these Tents and Conditions are a part thereof.
Section 2.2. MEMBER'S RESERVATION OF RIGHTS IN THE COLLATERAL. Upon transfer
of Collateral by Member to Depositor or to the Bank on behalf of Depositor, Member shall reserve the
following rights in the Collateral, unless otherwise agreed to In writing between Member and Depositor.
a. The right to receive prepayments of principal from mortgage-backed securities and all
income from the Collateral; and
b. The right to control the management, administration, and supervision of the Collateral
in accordance with these Terms and Conditions and the Securities Safekeeping Circular.
Section 23. ADDITIONS OF COLLATERAL. Member may transfer to the Bank additional eli-
gible Collateral or transfer to Depositor additional Collateral acceptable to Depositor. Upon transfer to
the Bank of such additional Collateral, the Bank will send Member and Depositor a receipt identifying
the additional Collateral.
Section 24. SUBSTITUTIONS OF COLLATERAL. In the event Member requests in writing,
the Bank shall release to Member any of the Collateral upon receipt of other Collateral in substitution
thereof on written authorization received from the Depositor. When substitution is made, the Bank
promptly shall cause a receipt describing both the Collateral substituted and that released to be mailed
to Member, with a copy to Depositor. Upon such substitution, all rights and obligations of Member and
the Bank and Depositor under the Custodial Agreement and Confirm, including the grant of a security
interest in such Collateral in favor of Depositor as set forth in the Custodial Agreement and Confirm,
shall automatically apply to all substituted Collateral.
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ARTICLE 7I1ME
RIGHTS AND DUTIES OF THE BANK
P. 05/09
Section 3"L PURCHASE AND SALE OF COLLATERAL. Member may purchase eligible
Collateral in accordance with the Securities Safekeeping Circular and add such Collateral In accordance
with Section 2.3. of this Agreement. Member may sell Collateral upon an eligible substitution of
Collateral in accordance with Section 2.4. of these Terms and Condition or upon receipt by the Bank of a
duly executed release of such Collateral by Depositor. The Bank is authorized by Member and
Depositor to execute all orders with brokers chosen by the Bank.
Section 3.2. PRINCIPAL PAYMENTS ON COLLATERAL. The proceeds of any payments for
maturing obligations, of any redemptions of securities, or of any principal payments made on Collateral
except prepayment of principal on mortgage-backed securities, shall be invested as instructed orally or
in writing by Member, and if Member fails to provide such instructions, Member authorizes the Bank to
hold such proceeds as bailee for Depositor.
Section 33. COLLECTION OF INCOME ON COLLATERAL. The Bank shall collect any inter-
est, dividends, prepayments of principal on mortgage-backed securities, or other income from the
Collateral in accordance with the Securities Safekeeping Circular.
Section 3.4. REGISTRATION OF SECURITIES IN THE BANK'S NOMINEE. The Bank is
authorized to hold any securities in the name of its nominee. The Bank shall not be responsible for any
loss, damage, or expense that may be incurred by reason of the registration of any security in the name
of a nominee.
Section 3.5. RESPONSIBILITY OF THE BANK The Bank, its officers, agents, and employees
shall not be liable for errors of judgment either in holding Collateral initially delivered to it or in acquir-
ing and afterwards holding additional Collateral as instructed by Member, nor for any loss arising out of
any investment, nor for any depreciation in the value of any Collateral held by the Bank pursuant to this
Agreement, nor for any act, or omission to act, performed or omitted by the Bank, its officers, employ-
ees, or agents, in the execution of this custodianship In good faith. The Bank shall be responsible for the
safekeeping of any Collateral held by it pursuant to these Tenors and Conditions but in no event shall the
Bank be liable to Member or Depositor for any special, consequential, incidental, or punitive damages.
Section 3.6. DUTIES OF THE BANK The Bank shall have the duty to take possession of and
safekeep all Collateral transferred or assigned to the Bank by Member on behalf of Depositor and to
exercise reasonable skill and care when dealing with the Collateral.
that:
Section 3.7. LIMITATION ON SCOPE OF THE BANK'S DUTIES. Depositor acknowledges
a. The Bank will not make, and has no duty to make, any inquiry into the value or mar-
ketability of the Collateral and shall not be responsible for determining whether the value of the
Collateral is sufficient to fully collateralize Members obligation to Depositor;
b. The Bank shall not record any assignments, file any financial statements with respect
to any security interest referred to herein, or take any other action to perfect any such security
interests;
c. Neither the Bank nor any of its officers have made any representations, given any
assurances, or expressed any opinions to Depositor as to the effectiveness of any of the proce-
dures and rights herein provided in any situations, including but not limited to a case where
Member is placed in receivership or is liquidated;
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OCT 25'96 10:07 FR FHLB-DALLAS 214 714 8696 TO 914097754573 P.06/09
d. The Bank has not made and has no duty to make any inquiry into the genuineness,
validity, or negotiability of the Collateral transferred to it; and
e. The Bank is under no duty to supervise the investment of, or to advise or make any
recommendation to, Depositor or Member with respect to the sale of other disposition of any
Collateral at any time.
ARTICLE FOUR
GENERAL PROVISIONS
Section 4.1. INCORPORATED DOCUMENTS. Except to the extent inconsistent herewith, the
Amended and Restated Master Transactions Agreement, the Securities Safekeeping Circular, and all
future documents distributed by the Bank and related to the subject matter hereof shall apply to any and
all Custodial Agreement and Confirms between Member and the Bank as though set forth expressly
therein.
Section 4.2. SUCCESSORS AND ASSIGNS. The Custodial Agreement and Confirm shall inure
to the benefit of and shall be binding upon the Bank, Member and Depositor and their respective succes-
sors and assigns.
Section 4.3. CONSULTATION WITH ATTORNEYS. The Bank shall be entitled to employ and
consult with counsel of its choosing at the expense of Member and shall be entitled to act on advice of
such counsel.
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Section 4.4. ADDRESS FOR NOTICE. All notices to be provided hereunder shall be mailed or
provided to the parties hereto at their addresses set forth in the Custodial Agreement and Confirm.
Section 4.5. AMENDMENT OF THIS AGREEMENT. The Custodial Agreement and Confirm
may be amended at any time by written agreement signed by all parties thereto provided; however, that
the parties hereto expressly agree that the Bank may amend the Securities Safekeeping Circular as it
deems appropriate at its sole discretion without further consent of the Member and the Depositor.
Section 4.6. COUNTERPARTS AND EXECUTION. The Custodial Agreement and Confirm
may be executed in any number of counterparts, all of which taken together shall constitute one instru-
ment and any of the parties hereto may execute the Custodial Agreement and Confirm by signing any of
such counterparts. By executing the Custodial Agreement and Confirm, the parties acknowledge receipt
of these Terms and Conditions.
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ARTICLE FIVE
TERMINATION
Section 5.1. RESIGNATION OF CUSTODIAN. The Bank may resign at any time upon five (5)
business days written notice to Member. Upon receipt of such written notice, the Member shall prompt-
ly locate and appoint a successor custodian and the Bank shall transfer all Collateral held by it to such
successor custodian. If Member does not locate and appoint a successor custodian within five (5) busi-
ness days of delivery of notice of resignation from the Bank, the Bank shall deliver the Collateral to
Depositor and shall have no further obligations hereunder. The obligations of Member and Depositor to
the Bank pursuant to the Custodial Agreement and Confirm shall be deemed to survive any termination
hereof and any removal or resignation of the Bank
I Section S.L DEFAULT BY MEMBER If the Bank receives from Depositor written notice
("Default Notice") of Member's failure to pay when due, perform under the terms of any agreement
between Member and Depositor secured by the Collateral, or perform under the tercets of the Custodial
SP-MW (9195).
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Agreement and Confirm ("Default"), then and notwithstanding any defense, claim, or objection that
Member may have to the contrary, the Bank shall act as the exclusive agent of the Depositor for the pur-
pose of delivering such part or all of the Collateral to the Depositor or its nominee as directed in writing
by the Depositor. Depositor shall be entitled to retain only that portion of the Collateral having a value
equal to the amount of principal and interest that Member failed to pay at maturity, and Depositor shall
promptly execute any releases, assignments, quitclaims, or other documents necessary or desirable to
effect a release of Depositor's interest in the remaining portion of the Collateral.
Section 53. SATISFACTION. Upon satisfaction of any security agreement between Member
and Depositor, Depositor shall promptly notify the Bank in writing of such satisfaction. Such notice
shall be given by Depositor, relative to the deposit with the Bank of any Collateral hereunder, in the
form of Exhibit B, which exhibit is attached hereto and incorporated herein by reference. Immediately
after receipt of notice by Depositor, the Bank shall deliver the Collateral, together with any necessary
assignment(s), to Member, and the Bank shall have no further obligations under the Custodial
Agreement and Confirm.
Section 5.4. TERMINATION OF THE CUSTODIAL AGREEMENT AND CONFIRM. The
Custodial Agreement and Confirm shall terminate when the Bank no longer holds the Collateral identi-
fied in a Custodial Agreement and Confirm and pledged to Depositor pursuant to these Terms and
Conditions unless sooner terminated pursuant to other provisions hereof.
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E 331BIT A
CUSTODIAL CONORM
Custodial Agreement Dated 10/15 .19 96
,
Depositor.
Name BRAZOS COUNTY, TEXAS
Address AL JONES, COUNTY JUDGE
300 A
Member.
Name FIRST FEDERAL SAVINGS BANK
Address
BRYAN, LA 77602
Custodian:
Federal Home Loan Bank of Dallas
5605 N. MacArthur Blvd
P.O. Box 619026
Dallas/Fort Worth, Texas 75261.9=
De=iptioa of Plodged Coll-terse FHLMC ARM 420191 CUSIP 0 31346AF83
FIRST FEDEAL SAVINGS BANK MiemberherebygiaatstoDepositorafiraipricdty
m mcity inte:rst in the above dcwdbod s=tdtic& Member and Depository hereby authorise the Federal Home
Ioan Bank of Mau to ad as Custodian, in ==%tsaoe with the Custodial Servioes Standard Terms and Condition
('Terms and Caaditioaa•) in etl'ed and as pablishcd by the Federal Homo Loser Bank of Dallas fi em, time to time,
which Tams and Conditions are hemby k oorporated into this Custodial CaaSrm as if set forth filly hernia.
Signed this 95TH day of OCTOBER 19,2,6.
bIemFIRST FEDERAL SAVI S BANK Accepted by Depositor
B ' yG ` tirJ7 By
CEORG' IG, P
By Acoepted by Ghstodian
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AMENDMENT NUMBER ONE
TO THE -
BRAZOS COUNTY
EMPLOYEE BENEFITS PLAN
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STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the undersigned authority, a Notary Public in and for said
county, and state, personally came and appeared Brazos County represented
herein by who declared that Brazos County
Employee Benefits Plan, previously established, is hereby amended as follows
ARTICLE I (a) CO-PAY PLAN, is hereby amended:
Page 5, PRESCRIPTION MUG BENEM, is hereby amended by increasing the
payment.
Network copayment per brand name prescription .............$15
Network oopayment per generic prescription ................$10
Mail order oopayment per brand name prescription $15
Mail order copayment per generic prescription .............$10
Benefit Period ....................................Calendar Year
Page 5, MAJOR MEDICAL OdVERAGS
The following sections are hereby amended by (1) adding a lifetime
benefit for Combined Inpatient/Outpatient treatment of
Mental/Nervous and/or Alcohol/Substance Abuse, and (2) eliminating
the separate calendar year maximum benefit for Inpatient and
Outpatient Mental Health Treatment or Inpatient and Outpatient
Alcoholism and Chemical Dependency Treatment. The calendar year
maximum benefit will be ombined for any treatment due to
Mental/Nervous and/or Aloohol/Substance Abuse:
Maximum Lifetime Benefit
Inpatient/Outpatient treatment of
Mental/Nervous and/or Alcohol/Substanoe Abuse........ $25,000
Maximum Calendar Year Benefit
Inpatient/Outpatient treatment of
mental/Nervous and/or Alcohol/Substance Abuse........ $10;000
Page 1 (Amm•x)eent One to Plan Document)
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PPO Copayment, such section is hereby amended to: (1) increase
the copay to $10.00 per visit for all physician's office oopays;
(2) add a $100 oopay per inpatient hospitalization unless
rehospitalized for same illness/diagnosis within 90 days; (3) add a
$50 oopay per outpatient hospitalization; (4) increase emergency
roan oopay to $75.00; (5) combine and increase the mental/nervous,
alcohol/substance abuse oopay to $25. Such secticn is hereby
restated in its entirety.
PPO Copayment
Each Physician Office visit .....$10
This includes all in-house services charged by that physician
(including surgery). All x-ray and lab charges related to, and
as a result of, the office visit but billed by another PPO
provider will be subject to a separate $10 oopayment and paid
at 100%.
The above provision includes, but is not limited to such
preventive services, such as:
Periodic personalized physical exams (including
immunizations)
Well Baby Care (including immunizations)
Annual gynecological exam
Speech and hearing screening
Vision screening (this includes the eye exam, but not the
fitting of eyeglasses and/or contact lenses)
Referral Specialist Physician Visits and Care ..............$10
Allergy Testing and Injections not associated with a
Physician's Office Visit ..............................$10
Short-term Physical/Ooaapatioial/Speech Therapy $10
Brergency Care Services ...............$75*
[NOTE: The $75 PPO Oopayment also applies for emergency rooa
treatment of a mental corxiiticn or an alooholism/chemical
dependency condition.
(*This oopayment is waived if the Covered Person is
admitted and confined to the hospital.)
Outpatient Mental Health Treatment and/or Outpatient
Alooholism/Chemical Dependency Treatment for services
rendered during a Physician's Office Visit .................$25
' Per outpatient day surgery hospitalization S50
' Per inpatient hospitalization. This per inpatient
hospitalization oopayment does not apply if rehospitalized
for the same illness/diagnosis within 90 days .............$100
Page 2 (Amerdnent One to Plan Document)
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Page 7, Benefit Percentage, is hereby amended by dwging the benefit
percentage for Tubal Ligation and Vasectomy Expenses, and
eliminating the "Tote" in such section. Such services are to be
treated the same as any other illness:
PPO NOR-PPO
Tubal Ligation Expenses 100% 40%
Vasectomy Expenses 100$ 40$
Page 9, DENTAL COVERAGE, SCHEDULE OF BETEF17S, is hereby amended by:
(1) Adding a separate $50 calendar year deductible with a family
maximum of $150, (2) changing the benefit percentages from 80$
Preventive and Diagnostic Treatment to 100% (deductible waived),
(3) charring the benefit percentage from 80$ Major Treatment to
50%, and (4) increasing calendar year maximum from $750 to $1,000.
Such Schedule is hereby restated in its entirety:
CO-PAY PLAN
DENTAL COVERAGE
SCHEDULE OF BENEFTTS
Maximum Lifetime Benefit ............................Unlimited
Calendar Year Maximum Benefit ..........................$1,000
Calendar Year Dental Deductible
Individual ..............................................$50
Family............ .....................................$150
Benefit Period ..................................Calendar Year
Benefit Percentage
100% of Type I Preventive and Diagnostic Treatment
(Deductible Waived)
80% of Type II Basic Treatment
50$ of Type III Major Treatment
Page 3 (Arnendneat One to Plan Document)
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ARTICLE I (b), DEDUCTIBLE PLAN, MEDICAL OMWAGE, SamXM E OF BENEFITS,
is hereby amended:
Page 12, PRESCRIPTICK DRUG BENEFIT, is hereby amended by increasing the
oopayment:
PRESCRIPTION DRUG BENEFIT
Network comment per brand name prescripticn............ $15
Network copayanent per generic prescription $10
Mail order oopayment per brand name prescription......... $15
Mail order oopayment per generic prescription $10
Benefit Period ...................................Calendar Year
Page 12, MAJOR MEDICAL OOVow;E, Maxinxn Lifetime Benefit, Mental Health,
Alcoholism and Chemical Dependency is hereby amended for
clarification purposes. Any treatment rendered for one or more of
these conditions is subject to the lifetime maximum of $25,000.
Inpatient/Outpatient treatment of Mental/Nervous and/or
A100h0l/Substance Abuse .................................$25,000
Page 12, MAJOR MEDICAL CMERAGE, sub-section Deductible, is hereby
amended by increasing the calendar year deductible for All Other
Covered Eg3enses and eliminating the combined medical/Dental
Deductible. The following sub-sections are hereby amended:
Deductible
All Other Covered Rqpenses
Individual ...........................................$250
Family-, 6 _ 6 ..........$750
The above Deductible applies only to Medical.
Page 14, Other Plan Maximums and Limitations, is hereby amended by adding
the following sub-section:
Inpatient/Outpatient treatment of Mental/Nervous and/or
Alcohol/Wntanoe Abuse
Calendar Year Maximum Benefit ........................$10,000
Page 16, DEI7UCPIBLE PLAN, DENTAL cav RAGE, samxzE OF BENEFITS, is hereby
amended by:
(1) Increasing the Calendar Year Maximum Benefit to $1,000, (2)
Eliminating the Combined Medical/Dental Deductible and implementing
a separate Dental Deductible per calendar year which applies to
Basic Treatment and Major Treatment, (3) changing the Benefit
Percentage from 80$ to 100% for Preventive and Diagnostic Treatment,
and (4) Changing the Benefit Percentage from 80$ to 50$ for Major
Treatment.
Page 4 (Amendment one -to Plan Document)
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Such Schedule is hereby restated in its entirety:
DEDULVE Z PLAN
DENTAL CMWtAGE
SCIEDULE OF BENEFITS
Mauimum Lifetime Benefit ...................................U limited
Calendar Year Maxim= Benefit 51,000
Dental Deductible Per Calendar Year
Individual ...................................................$50
Family ......................................................$150
Aoanulation Period 12 Months
Benefit Period .........................................Calendar Year
Benefit Percentage
100% of Type I Preventive and Diagnostic Treatment
(Deductible Waived)
80% of Type II Basic Treatment
50% of Type III Major Treatment
ARTICLE II, DEFINITIONS, CO-PAY AND DEDUCTIBLE PLAN,
is hereby amended:
Page 20, DEPENDENT definition is hereby amended to lager the dependent age
limit to 23 if a full time student, otherwise coverage terminates
at age 19. The definition of DEPENDENT is hereby restated:
DEPENDENT
The term "Dependent" shall mean the employee's:
the legal spouse.
child less than age 19. However, a child who is principally
dependent upon the Employee for support (depends an the
Employee for more than half of the child's support) and who is
enrolled on a full-time basis (based on the school's definition
of a full-time student) in an accredited college or university,
or a vocational, technical, vocational-technical, or trade
school or institute, or secondary school, or who is considered
a full-time student (based on the school's definition of a
full-time student) attending graduate, medical or law school
shall be considered a Dependent until attainment of age 23.
Dependents who are under age 23 and attending college on a
full-time basis may be covered through the summer vacation
period, provided they continue to meet all other conditions of
the definition of an eligible Dependent.
Page 5 (Amendment One to Plan Document)
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The term "child" means:
the employee's natural child.
the employee's adopted child. An adopted child will be
deemed acquired on the following dates: (1) Agency
adoption the date the initial possession of the child
takes place or the date the adoption contract is executed
by the employee and the adoption agency, whichever occurs
earlier. Agency shall include the Department of Health
and Human Resources, the corresponding department of any
other state, and those private agencies and institutions
licensed for the placement of children for adoption by the
Department of Health and Human Resources or by the
corresponding Department of any other state; or (2)
Private adoption the date of the execution of the Act
of Voluntary surrender in favor of the employee, provided
that the Plan is furnished with certification by the
appropriate clerk of court setting forth the date of
execution of the Act and the date that said Act becomes
irrevocable, or the date of the first court order granting
legal custody, whichever occurs first.
If this is an adopted newborn child, such coverage will be
contingent on the date of birth of the child.
the employee's stepchild, faster child, or grandchild who
is primarily dependent on the employee for support and
lives with the employee in a permanent parent/child
relationship. Proof of dependency must be provided to the
Plan upon request.
for Medical/Dental Coverage, the employee's dependent
grandchild who is less than 19 years old, less than 23 years
old if a full-time student, and living in the employee's
household.
A dependent is not
a married child or grandchild.
a spouse or child or grandchild living outside the United
States.
a spouse or child or grandchild on active military duty,
a spouse or child or grandchild eligible for employee's
coverage under the Plan.
a parent of the employee or the employee's spouse.
for Medical/Dental Coverage, a spouse or child or dependent
grandchild who does not give proof of good health when the Plan
asks, or whose proof the Plan does not accept.
Page 6 (Amend1nent One to Plan Document)
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ARTICLE III, ELIGIBILITY AND TERMINATION, CO-PAY AND
DEDUCTIBLE PLANS, is hereby amended:
Page 37, DE PWDEINTl' - PFTEXTIVE DATE, ELIGIBILITY AND
TERMINATION CONTINUED Section B, item 4 is hereby amended to
limit coverage available to newborn children. Such section is
hereby restated:
4. the date of the request to add the dependent, however, if the
addition of the dependent would have resulted in an increase in
contributions made by the employee, coverage will not become
effective for such dependent unless written application is
received by the Plan within 31 days following the date the
dependent becomes eligible. EXCEPTION: A newborn is not
covered if application for coverage is not submitted within 31
days from the date of birth and the required contributions are
brought up to date, unless a newborn is sick and/or there is
no change in the employee's contribution deduction. For
coverage of such dependents to continue beyond the 31 day
period, the employee must make written application within the
first 31 days following the date of birth and make the required
contribution. For the purpose of this section "sick" is
defined as a baby not released upon the mother's discharge.
Page 41 ARTICLE IV, CONTINUATION OF COVERAGE,
CO-PAY AND DEDUCTIBLE PLANS, first paragraph is hereby emended
to reflect language included in the Health Insurance Portability
and Accountability Act of 1996 (HIPAA). Such paragraph is hereby
restated:
Covered employees and covered dependents whose coverage under
the Plan would otherwise cease due to certain Qualifying
Events, as stated below, may elect to continue coverage in
accordance with federal law. The Health Insurance Portability
and Accountability Act of 1996 allows a child who is born to
the covered employee, or who is placed for adoption with the
covered employee, during a period of 03BRA continuation
coverage to be ocnsidered a qualified beneficiary. In
accordance with the terms of this Plan and the requirements of
Federal law, these qualified beneficiaries can be added -1m
OOBRA coverage upon proper notification to thy, Employer of the
birth or adoption.
Page 41, CONTINUATION OF COVERAGE, QUALIFYING EVENTS,
sub-section Termination of Employment or Reduction of Haws:,
fourth paragraph such section is hereby amended to reflect
language included in the Health Insurance Portability and
Accountability Act of 1996 (HIPAA). Such paragraph is hereby
restated:
Page 7 (Amendment One to Plan Document)
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Such 18 month period shall be extended to 29 months from the
date of the qualifying event for the covered person (employee
or dependent) who, as of that date or any time during the first
60 days of OOBRA continuuation coverage, is determined to be
disabled under Title II or XVI of the Social Security Act.
Notice to the Employer of such disability must be provided:
(i) within 60 days after the date of the determination; and
(ii) on or before the end of the first 18 months of
continuation. If the qualified beneficiary entitled to the
disability extension has nondisabled family members who are
entitled to CXIBRA continuation coverage, those ncndi sabled
family members are also entitled to the 29 months disability
extension.
ARTICLE VI, CO-PAY PLAN, is hereby amended:
Page 47, SECTIONS REFERENCED IN THIS ARTICLE INCK DE: is hereby amencbd by
adding Section G:
SECTION G: THE DENTAL DEDUCTIBLE CO-PAY PLAN
SECTION G is hereby added:
ARTICLE VII (SECTION G)
CO-PAY PLAN
DENTAL DEDUCTIBLE
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INDIVIDUAL CALENDAR YEAR DENTAL DEDUCTIBLE
The Individual Calendar Year Dental Deductible, as shown in the
Schedule of Benefits, applies to eligible expenses per Covered
Person for each calendar year. Such Individual Calendar Year
Dental Deductible must be satisfied before any benefits are payable
under the Plan. The Individual Calendar Year Dental Deductible,
however, may be waived for certain types of eligible expenses if
specified in the Schedule of Benefits.
CALENDAR YEAR DEDUCTIBLE CARRY EXHU&MRD
Any expenses which were incurred and applied against the Calendar
Year Dental Deductible during the last three (3) months of that
calendar year will be applied toward satisfaction of the Calendar
Year Dental Deductible amount for the next following calendar year.
MXXIMUH FAMILY CALENDAR YEAR DEDUCTIBLE
The Dental Deductible is considered met for all Covered Persons for
the remainder of the calendar year if three (3) covered members of
the family each meet the Dental Deductible in that calendar year.
ARTICLE VII, DEDUCTIBLE PLAN
Page 68 SECTION A, CCMINED H DICAL-DENTAL DEDUCTIBLE DEDUCTIBLE PLAN,
is hereby renamed:
THE N®ICAL DEDUCTIBLE DEDUCTIBLE PLAN
Page 8 (Amerxlnent One to Plan Doa mPnt)
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Page 69 a mnmm MEflICAi.-mmaL DEDUCTIBLE is hereby renamed and restated
to eliminate reference to Dental.
ARTICLE VII (SECTION A)
DEDUCTIBLE PLAN
THE MEDICAL DEDUCTIBLE
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The Individual Calendar Year Medical Deductible, as shoran in the
Schec3~ile of Benefits, applies to eligible expenses per Covered
Person for each calendar year. Such Individual Calendar Year
Medical Deductible must be satisfied before any benefits are
payable under the Plan. The Isxiividual Calendar Year Medical
Deductible, however, may be waived for certain types of eligible
expenses if specified in the Schedule of Benefits.
CALENDAR YEAR DEDUCTIBLE CARRY FORWARD
Any expenses which were incurred and applied against the Calendar
Year Medical Deductible during the last three (3) months of that
calendar year will be applied toward satisfaction of the Calendar
Year Medical Deductible amount for the next following calendar
year.
N F VILY CyI ANDAR YEAR DEDUCT=
The amount used to meet the individual deductible for each member
of an employee's family is also used towards meeting the family
deductible. The deductible is considered met by an employee and
all covered dependents for the rest of a benefit period if three
(3) or more covered members of the employee's family meet the
family deductible in that benefit period. The Family Calendar Year
Deductible is shown in the Schedule of Benefits. If one covered
member of the employee's family meets the individual deductible,
the Plan considers the deductible met for that covered member.
COMMON AOCIDFNr DEDUCrnul?
The Plan requires only one deductible amount be met if the covered employee and one or more of the covered dependents,
or
2 or more of the covered employee's covered dependents,
incur covered expenses from the same accident for the benefit
period in which the accident occurs and also the next benefit
period. This deductible applies only to those covered expenses
incurred because of the accident.
The deductible amount from each injured person used to meet this
oarmaz accident deductible is determined by the amount of their
first claim filed for the accident. This amount is also used to
meet each injured person's individual deductible for covered
expenses incurred and unrelated to this accident.
SPECIAL TRANSITICN PROVISION
Credit will be given for Covered Persons who have had expenses
applied to this Plan's 1995 deductible.
Paae 9 (Amendment One to Plan Document)
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Page 78, ELIGIBLE MEDICAL EXPENSES DEDUCTIBLE PLAN
f CONTINUED, is hereby amended for clarification purposes by
adding the following sub-section:
VOLUNTARY STERILIMTION
! Charges for voluntary sterilization, including the surgical
procedure, necessary medical care and treatment, and
1 confinement.
The section regarding Voluntary Sterilization under the Deductible Plan is
retroactively effective November 1, 1995. All other changes reflected in this
amendment shall be effective January 1, 1997.
THUS DONE AND SIGNED, before me, Notary, and the tax~ersigned competent
witnesses on this the _ar-"day of Toe-&& ag,, 1996.
WI7SES: C,! BRAZOS COUNTY
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JANE MOORE
Notary Pubffc, State a Tan
My Commuon Expires 1.16-97
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Page 10 (Amendment One to Plan Document):
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EMPLOYEE BENEMY SERVICES
A Oivision of R. E. Harrington, Inc.
P.O. Box 70100
Shreveport, Louisiana 71137-0100
(318) 424-1967
Fax (31a)424-9702
November 25, 1996
Mrs. Loraine Nichols
Brazos qty
300 E. 26th St., Suite 117
Bryan, TX 77803-5327
RE: PLAN DOCUMENT AMENDMENT ONE
Dear Loraine:
In accordance with your request, enclosed is the final "approved" version of
the amendment to the Plan Document. Please have all three copies signed and
return two to my attention. The third copy is for your files.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
Sue ash
cc: Bonnie Mezzio
Inger Whittington
Debra Forcier
Carolyn Lenmons
Cindy Pantalion
Brenda Nesmith, Plumhoff and Associates
A TRADITION OF-SERVICE EXCELLENCE
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BID TABULATION 97-010
COLD MIX LIMESTONE CONCRETE PAVEMENT
1996 - 97 CONTRACT
12/15/-96 -12115/97
THD 330 CLASS A, TYPE D
THD 350 CLASS A, TYPE D
BIDDERS
ADDRESS/PLANT LOCATION
LOADED
ONLY
LOADED/
HAULED
ONLY
LOADED/
HAULED
SAN MARCOS, TEXAS
COMAL COUNTY
BRIDGES -ASP HALTr~'x' rs' #
GARLAND ,TX
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13.10
35.36'
13.10
3
SAN ANTONIO, TEXAS
UVALDE,TEXAS
.0UNG'G0NTRAG-TQRS,!IN
1061
N/B
N/B
.34.00
.
BRYAN,TEXAS
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CURRENT CONTRACT: VULCAN MATERIALS
LOADED ONLY
PAVEWAY CONTRACTORS '
LOADED AND HAULED
CURRENT CONTRACT DATES: 12/15/95 -12/15/96
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„ e RECOMMENDATION: Vu6 t oWeVla Is t4azdld - 61b{`~lC
AWARD DATE:
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 65 0001
DATE OF COURT MEETING: 12/17/96
ITEM: Permission to enter Konrad Hannes' property located off Koppe Bridge Road for
the purpose of disposing (burial) of dead livestock (horse) for the health, safety and
welfare of the general public. Signed permission form on file. Site is located in Precinct
1.
SOURCE OF FUNDS: N/A
1. PRESENTATION:
II. ACTION REQUESTED OR ALTERNATIVES:
SUBMI ED BY: APPRO D BY:
ichard F. Vance, P.E. Commis Vin r ary Norton County Engineer Precinct CC96-132
Approved in Commissioners' Court
Date, 2 -
Alvin W. Jones, C my Judge
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6 BRAZOS COUNTY
~~°~eq+aE~`~ PRIVATE PROPERTY ACCESS PERMISSION FORM
r
Alvin W. Jones
County Judge
+ Gary Norton
CommissionerPct 1
Sandie Walker
Commissioner Pct 2
Randy Sims
Commissioner Pct 3
Carey Cauley
Commissioner Pa, Date /2-
LANDOWNER AND ADDRESS„
i
65-192- /c"0,2ae B,., , A_~ er1 L~ 5 - x. 77S4-.S-
11. LOCATION OF WORK 3. t s. l k. ens r~..._l._ ~~•e d ,
A/ c, i t3, i -c f
III. DESCRIPTION OF WORK TO BE DONE Ra r W, ~t .L ~L ~io Jr 0- e_
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IV. MAINTENANCE YES NO
IF YES, ESTIMATED FREQUENCY OF MAINTENANCE -
101
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(Owner will be notified prior to maintenance)
Richard F. Vance, P.E. C.E. (Ed) Iverson
County Engineer Engineering Aide ,
OWNER'S SIGNATURE
DATE
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: 12/17/96
ITEM: Request from GTE to place a road gore in the right-of-way of South Dowling
Road Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
1. PRESENTATION:
A) No work will be permitted between front 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) 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 REQU
XSUBMITTED Y:
P.E.
County Engineer
CC96-134
APPROVED B
Comml r er(Gary Norton
Precin t
Approved in Commissioners' Court
Date: /Z -11-9e.
Alvin W. Jones,"County Judge
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Decmeber 5, 1996
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® GTE Telephone
Operations
Engineering Department
301 Industrial Blvd
Bryan, Texas 77803
Reply To
Bryan, TX
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77803
Dear Mr. Vance:
Subject: AGRMNTS 24 BURIED CABLE 5416 - 9POOIDB
Enclosed are Form ED-135 and work location sketch showing the
location of our proposed roadbore on County Roads in Brazos County
at College Station, Texas.
This work is to be completed on Work Order 5416 - 9P00IDB which is
scheduled for December 19, 1996. If you have any questions
concerning this work, please contact'Raymond Cerda at our office in
Bryan, telephone 409-821-4734 within-15 days so that we may explain
or modify our proposal, otherwise, it is understood that this
proposal is approved.
Sincerely,
Alan Colley /
Senior Engineer - OSP
AC:ec
Attachment
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GENERAL TELEPHONE NOTICE OF COMMUNICATION
COMPANY LINE INSTALLATION
December 5, 1996
TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that GTE will construct a
communication line within the right-of-way of County Road in Brazos
County, Texas as follows: PAIV4.rk,
SOUTH
pstone will
From intersection of Dowling rR
& Ca
propose a road bore at first e to left (Potter
Lane) just north of intersection at GTE receptacle
makred L.325 P.21.
The location and description of this line and associated
appurtenances is more -fully shown by two (2) copies of drawings
attached to this notice. The line will be constructed and
maintained on the County Road right-of-way in accordance with
governing laws.
Notwithstanding any other provision contained herein, it is
expressly understood that tender of this notice by the GTE
Southwest Incorporated does not constitute a waiver, surrender,
abandonment of impairment of any property rights, franchise,
easement, license, authority, permission, privilege or right now
granted by law or may be granted in the future and any provision or
provisions so construed be null and void.
Construction of this line will begin on or after December 19,
1996.
GENERAL TELEPHONE COMPANY 5416 9P001DB
Alan Colley
Senior Engineer - OSP
301 Industrial Blvd.
Bryan, Texas 77803
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ROAD BORE' PROFILE
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NUMBER 'OF CONDUITS, LENGHT OF CONDUIT
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' KEY TO COUNTIES l
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-Officers Reports November 1996
MARY ANN WARD, COUNTY CLERK
FEES AND FINES:
General Fund
Road and Bridge Fund
Ominbus Crime Fund
Law Library Fund
Appellate Court
Bail Bonds Collected
Record Preservation
TOTAL
MARC HAMLIN, DISTRICT CLERK
FEES AND FINES:
General Fund
Road and Bridge Fines
Ominbus Crime Fund
Law Library Fund
Appellate Court
Bail Bonds Collected
H.B. 66/Trust Fund/Other
TOTAL
CAROLYN M. HENSARLING, JUSTICE OF THE
PEACE, PRECINCT 4, PLACE 2
Fines (County Share)
Civil Fees/Small Claims
Certified Copies/Abstracts/Jury Fees
Deferred Adjudication Special-Expense
Driving Safety/All Dismissal Fees
Transcript/Writ/Execution Fees/Bail Bo
Child Safety/Traffic Fees
Sheriff Fees
Constable Fees Pct. 4
Constable Fees Pct. 7
Checking Account Interest
Gross Weight Over 5,000 lbs Fines
D.P.S. Arrest Fees
Parks & Wildlife/Cosmotology Fees
T.A.B.C. - Arrest Fees
TAMU-Arrest/Warrant Fees/Bryan PD Fees
Breath Alcohol Testing
Criminal Justice Planning
Law Enforcement Fees
Crime Victims Compensation
General Revenue Fund Fees
Operators/Chauf. License Fund
Judicial Court Training
Comprehensive Rehabilitation Fund Fees.
TOTAL
$27,937.25
0.00
0.00
700.00
70.00
0.00
3,338.00
$32,045.25
$28,836.99
32,027.20
3,368.94
1,820.00
455.00
2,520.00
25,541.07
$94,569.20
$9,020.15
280.00
85.00
1,375.00
310.00
284.00
10.00
275.00
895.00
0.00
52.29
400.00
1,505.00
5.00
20.00
10.00
0.00
660.00
436.00
1,980.00
330.00
375.00
132.00
300.00
$18,739.44
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Officers Reports November 1996
HALLIE DOBROVOLNY, JUSTICE OF THE
PEACE, PRECINCT 5
Fines (County Share)
Civil Fees/Small Claims
Certified Copies/Abstracts/Jury Fees
Deferred Adjudication Special Expense
Driving Safety/All Dismissal Fees
Child Safety/Traffic Fees
Transcript/Writ/Execution Fees
Sheriff Fees
Constable Fees Pct. 5
Constable Fees Pct. 7
Checking Account Interest
Gross Weight Over 5,000 lbs-Fines
D.P.S. Arrest Fees
Parks & Wildlife/Cosmotology Fees/Othe
T.A.B.C. - Arrest Fees
Breath Alcohol Testing/Bryan PD A/W Fe
Criminal Justice Planning
Law Enforcement Fees
Crime Victims Compensation
General Revenue Fund Fees
Operators/Chauf. License Fund
Judicial Court Training
Comprehensive Rehabilitation Fund Fees
TOTAL
GEORGE BOYETT, JUSTICE OF THE PEACE
PRECINCT 7, PLACE 1
Fines (County Share)
Civil Fees/Small Claims
Certified Copies/Abstracts/Jury Fees
Deferred Adjudication Special Expense
Driving Safety/All Dismissal Fees
Child Safety/Traffic Fees
Transcript/writ/Execution Fees
Sheriff Fees
Constable Fees Pct. 7
Constable Fees Pct.
Checking Account Interest
Gross Weight Over 5,000 lbs-Fines
D.P.S. Arrest Fees
T.A.B.C. - Arrest Fees
T.A.M.U. - Arrest/Warrant Fees
Criminal Justice Planning
Law Enforcement Fees
Crime Victims Compensation
General Revenue Fund Fees
Operators/Chauf. License Fund
Judicial Court Training
Comprehensive Rehabilitation Fund Fees
TOTAL '
$352.50
3.00
80.00
0.00
0.00
6.00
0.00
0.00
0.00
0.00
6.02
0.00
40.00
0.00
0.00
40.00
15.00
12.00
45.00
7.50
4.00
5.00
0.00
$616.02
$7,079.00
140.00
77.00
191.00
270.00
222.00
0.00
5.00
325.00
0.00
141.91
0.00
175.00
60.00
635.00
750.00
518.00
2,250.00
375.00
225.00
150.00
235.00
$13,823.91
VOL 5.p , PAUE...ASS
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.Officers Reports November 1996
WES HALL, JUSTICE OF THE PEACE
j PRECINCT 7, PLACE 2
Fines (County Share)
$4,959.00
Civil Fees/Small Claims
30.00
Certified Copies/Abstracts/Jury Fees/A
0.00
Deferred Adjudication Special Expense
100.00
Driving Safety/All Dismissal Fees
240.00
Child Safety/Traffic Fees
180.00
Constable Fees Pct. 7
90.00
Constable Fees Pct.
0.00
Checking Account Interest
92.85
D.P.S. Arrest Fees
5.00
T.A.B.C. - Arrest Fees
0.00
T.A.M.U. - Arrest/Warrant Fees
1,245.00
Breath Alcohol Testing/Sheriff Fees
5.00
Criminal Justice Planning
485.00
Law Enforcement Fees
335.50
Crime Victims Compensatiork
1,455.00
General Revenue Fund Fees
242.50
Operators/Chauf. License Fund
375.00
Judicial Court Training
97.00
Comprehensive Rehabilitation Fund Fees
80.00
TOTAL
$10,016.85
MARY HORN, JUSTICE OF THE PEACE
No Report '
PRECINCT 2
Fines (County Share)
$0.00
Civil Fees/Small Claims
0.00
Certified Copies/Abstracts/Jury Fees
0.00
Deferred Adjudication Special Expense
0.00
Driving Safety/All Dismissal Fees
0.00
Child Safety/Traffic Fees
0.00
Transcript/Writ/Execution Fees
0.00
Sheriff Fees
0.00
Constable Fees Pct. 2
0.00
Constable Fees Pct. 7
0.00
Constable Fees Pct. 4
0.00
Checking Account Interest
0.00
S.O. Arrest/War Fees/Trash Stickers/La
' 0.00
Road & Bridge
0.00
D.P.S. Arrest Fees
0.00
Parks & Wildlife/Cosmotology Fees
0.00
T.A.B.C. - Arrest Fees
0.00
Criminal Justice Planning
0.00
Law Enforcement Fees
0.00
Crime Victims Compensation
0.00
General Revenue Fund Fees
0.00
Operators/Chauf. License Fund
0.00
Judicial Court Training
0.00
Comprehensive Rehabilitation Fund Fees.
0.00
TOTAL
$0.00
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Officers Reports November 1996
TOMMY LYONS, JUSTICE OF THE PEACE
PRECINCT 1
Fines (County Share)
$2,540.00
Civil Fees/Small Claims
0.00
Certified Copies/Abstracts/Jury Fees
0.00
Deferred Adjudication Special Expense
155.00
Driving Safety/All Dismissal Fees
160.00
Child Safety/Traffic Fees
132.00
Sheriff Fees
55.00
Constable Fees Pct. 1
0.00
Constable Fees Pct. 7
0.00
Constable Fees Pct. 2
0.00
Checking Account Interest
21.49
Gross Weight Over 5,000 lbs Fines
650.00
D.P.S. Arrest Fees
0.00
Criminal Justice Planning
285.00
Law Enforcement Fees
167.50
Crime Victims Compensation
805.00
General Revenue Fund Fees
137.50
Operators/Chauf. License Fund
375.00
Judicial Court Training
57.00
Comprehensive Rehabilitation Fund Fees
145.00
TOTAL
$5,685.49
RAY TRUELOVE, JUSTICE OF THE PEACE
PRECINCT 3
Fines (County Share)
$3,572.60
Civil Fees/Small Claims
15.00
Certified Copies/Abstracts/Jury Fees
5.00
Deferred Adjudication Special Expense
393.00
Driving Safety/All Dismissal Fees
90.00
Child Safety/Traffic Fees
90.00
Transcript/Writ/Execution Fees/ADRS Fe
5.00
Sheriff Fees
35.00
Constable Fees Pct. 3
105.00
Constable Fees Pct. 7
0.00
Constable Fees Pct. 2 & 4
0.00
Checking Account Interest
20.97
Validation Sticker Fees
500.00
Gross Weight over 5,000 lbs Fines
0.00
D.P.S. Arrest Fees
730.00
Parks & Wildlife/Cosmotology Fees
15.00
T.A.B.C. - Arrest Fees
0.00
Breath Alcohol Testing/Other
30.00
Criminal Justice Planning
255.00
Law Enforcement Fees
172.50
Crime Victims Compensation
765.00
General Revenue Fund Fees
127.50
Operators/Chauf. License Fund
150.00
Judicial Court Training
51.00
Comprehensive Rehabilitation Fund Fees
95.00
TOTAL . '
$7,222.57
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Officers Reports November 1996
RAYMOND DAY, CONSTABLE,
PRECINCT 1
Fees
JAMES MARROW, CONSTABLE,
PRECINCT 2
Fees
DERIK MATEJKA, CONSTABLE, PRECINCT 3
Fees
DUANE PETERS, CONSTABLE,
PRECINCT 4
Fees
FRANKIE NEMEC, JR., CONSTABLE
PRECINCT 5
Fees
WINFRED PITI'MAN, CONSTABLE,,
PRECINCT 7
Fees
Permit Fees
TOTAL
BRAZOS CENTER
Fees
Interest
Deposits Retained
TOTAL
BOBBY RIGGS, SHERIFF
Bail Bond Fees
Crime Stoppers Bond Fees-
Civil Fees
Meal Reimbursement
Photo Copy Charges
Work Release Fees
Bail Bond Board Interest
Estray Fees
TOTAL
t-
-NO REPORT •
$0.00
NO REPORT
$0.00
NO REPORT
$0.00
$7,614.30
NO REPORT
$0.00
NO REPORT
$0.00
0.00
$0.00
$11,878.75
168.18
0.00
$12,046.93
NO REPORT
$0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$0.00
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Officers Reports November 1996
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' JIM RUBOVIAR, COUNTY ATTORNEY
NO REPORT
Family Violence Unit
$0.00
ARLENE PARCHMAN, ADULT PROBATION
NO REPORT
Attorney's Fees
$0.00
Restitution
0.00
Fines
0.00
Court Costs
0.00
Crime Stoppers
0.00
Other
0.00
TOTAL
$0.00
GERALD L. WINN, TAX ASSESSOR/
COLLECTOR
Ad Valorem
$379,823.92
Fees
5,328.62
' Road Bonds Taxes
12.63
TOTAL
$385,165.17
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RICHARD VANCE, ROAD & BRIDGE
Permits Issued $3,720.00
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