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BRAZOS COUNTY az:.~c' ' =
BRYAN. TEXAS 8Y/
AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
JANUARY 7, 1997 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
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1. Invocation - Judge Jones.
2. Pledge of Allegiance - Judge Jones.
3. Citizens input and/or concems. 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. EA recording is made of the meeting; therefore, please give your name and
address for the record.)
Consider and take action on agenda items 4 - 21:
4. Budget Amendment 96/97-10.
5. Personnel Change of Status.
6. Payment of Claims.
7. Approval of official bonds for newly elected officials for Brazos County.
8. Designation of a representative of the Commissioners Court to serve on the County Bail
Bond Board.
9. Designation of a County Court at Law member of the County Bail Bond Board.
10. Request for funding by the El Camino East/West Corridor Commission
11. Approval of members of the Brazos County Historical Commission.
12. Amendment to Deferred Compensation Program with Public Employees Benefit Services
Corporation.
13. Authorization for County Judge to execute Division Orders for interest from
Bryan/College Station Unit Well No. 1 with Pride Pipeline Company.
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14. Establishment of vehicle mileage reimbursement rate for County for 1997.
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Commissioners Court Meeting Agenda
January 7, 1997
Page Two
15. Contract for Residential Services for the Juvenile Services Department with Woodside
Trails.
16. Authorization for appointment of four non-paid, regular deputies for the office of
Constable, Precinct 4.
17. Revised Change Order No. 09 for the contract with Chappell Hill Construction Company
for the Juvenile Justice Center.
18. Requisition let on competitive bid for Road & Bridge 96-033 Milled Asphalt.
19. Renewal of pest control bid 94-737 for additional one (1) year period.
20. Renewal of hauling contract (96-020) for additional year.
21. Blanket purchase orders.
22. Call for citizen input and/or concerns.
23. Announcement of interest items and possible future agenda topics.
24.' Adjourn.
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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) 361-4102.
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COMMISSIONERS' COURT
REGULAR MEETING
JANUARY 7, 1997
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, January 7, 1997, with the following members
of the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, 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.
The County Judge gave the invocation and led the pledge
of allegiance.
Under citizen input and/or concerns, the new Sheriff
introduced his new Chief Deputy, Clyde Collins and the new
Jail Administrator, C. Wayne Dickey.
The Court next considered Budget Amendment #96/97-10.
The County Judge explained that the budget amendment for the
Arts Council was not necessary and would be omitted from
consideration. The Court then considered the budget amendment
for Constable Precinct 5, Constable Precinct 7 and the
! Sheriff's department. After reviewing the requests,
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E Commissioner Walker moved to approve the budget amendments
except of the one submitted by Constable Precinct 5, which
would be considered separately. The County Judge seconded the
motion. The Court voted unanimously to approve the budget
amendments except the one submitted by Constable Precinct 5.
Commissioner Sims noted the budget request submitted by
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Constable Precinct 7 deleted the Clerk position. He stated
I that the Constable could not come back to Court asking for
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! reinstatement of the position. The Court then considered the
1 budget amendment submitted by Isaac Butler, Constable Precinct
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Commissioners Court meeting January 7, 1997
5. Commissioner Cauley moved to approve the budget amendment
submitted by the Constable Precinct 5. Commissioner Sims
seconded the motion. Commissioner Walker asked Mr. Butler if
he had a phone and a desk. Mr. Butler replied that he had a
telephone. Mr. Butler then reviewed his budget request with
the Court. The County Judge stated that he could not
recommend approval of a budget request of $29,000 that
included $4,850 in office equipment and the other items
listed. The Purchasing Agent replied that the figures used
were state contract prices and if the Court wished she could
get quotes for less expensive furniture. Commissioner Cauley
asked the County Judge if $29,000 dollars was the cutoff, then
anything that comes before the Court that is more than that
amount, we won't be looking at it. The County Judge replied
that he was not prepared to support this budget request for
that amount from 'contingency or for changing the budget for
this department at this point.. He said that he may support
something much larger than that but not for this position or
for other Constable positions or departments. A $29,000
increase over budgeted amount does not seem agreeable to him.
Commissioner Jones asked Mr. Butler if he could come back to
' the Court with revised figures that would get him through this
budget year. Commissioner Cauley rescinded his motion to
approve the budget amendment. Commissioner Sims rescinded his
second. On motion by Commissioner Jones, seconded by
Commissioner Walker, the Court voted unanimously to table
consideration until the next Commissioners Court meeting to
allow Mr. Butler time to revise his budget request.
Commissioner Jones asserted that we had a, responsibility to
fund the office. Commissioner Sims agreed but said that it
needed to be pared down. Commissioners Walker and Cauley
stressed that better planning was necessary.
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Commissioners Court meeting January 7, 1997
The Court proceeded to consider the change of status of
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the following employees.
NAME DEPARTMENT REASON
Collins, Clyde E County Attorney Trans to SO
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Curry, Nathan County Attorney Tran w/i dept
Mahoney, Paul A County Attorney Tran w/i dept
Norton, Gary Commissioners Crt Term Completed
Jones, Tony Commissioners Crt Newly Elected
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Cole, Lisa District 'Clerk Promotion
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Foster, Theresa District Clerk Tran w/i dept
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Markowski, Jaime District Clerk Promotion
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Glenn, James Constable Pct 7 Tran frm CCL#2
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Glen, Hayes R Crime Stoppers Reclass
Emert, Steven L Constable Pct 4 New Employee
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Armstrong, Scott Constable Pct 1 Newly Elected
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on motion by Commissioner Walker, seconded by Commissioner
Cauley, the Court voted unanimously to approve the changes as
submitted. Commissioner Sims reiterated that Constable
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Precinct 7 would get no clerk.
The Court next considered the following Claims as !
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submitted by the County Treasurer for payment:
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97-002789 through 97-002906
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On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
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submitted.
On motion by Commissioner Sims, seconded by Commissioner
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Cauley, the Court voted unanimously to approve the official
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bonds for the following newly elected officials for Brazos
County:
John Delaney Judge, 272nd District Court
Bill Turner, District Attorney
Chris Kirk Sheriff
Gerald (Buddy) Winn Tax Assessor/Collector
Jim Kuboviak County Attorney
Tony Jones Commissioner, Pct. 1
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Randy Sims Commissioner, Pct. 3
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Hallie Dobrovolny Justice of the Peace Pct. 5
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George Boyett Justice of the Peace Pct. 7-1
Scott T. Armstrong Constable, Pct. 1
James P. Marrow Constable, Pct. 2
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Derik Matejka Constable, Pct. 3
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Duane Peters Constable, Pct. 4
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Isaac Butler, Jr.,. Constable, Pct. 5
Phil Sikes Constable, Pct. 7
The County next considered the designation of a
representative from the Commissioners Court to serve on the
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County Bail Bond Board. On motion *by Commissioner Sims,
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Commissioners Court meeting January 7, 1997
seconded by Commissioner Cauley, the Court voted unanimously
to appoint newly elected Commissioner, Tony Jones, to be the
Commissioners Court representative to the Bail Bond Board.
The next matter for consideration was the designation of
a County Court at Law member to serve on the County Bail Bond
Board. On motion by Commissioner Walker, seconded by
Commissioner Jones, the Court voted unanimously to appoint,
County Court at Law Judge, Sarah Ryan to serve on the County
Bail Bond Board.
The Court next considered a request for funding in the
amount of $500 submitted by The E1 Camino East/West Corridor
Commission. The proposed corridor will provide a four lane
east/west route through the middle of Louisiana, Mississippi,
Alabama, Georgia and Texas. On motion by Commissioner Walker,
seconded by Commissioner Cauley, the Court voted unanimously
-.to approve the funding of $500 to be submitted to The E1
Camino East/West Corridor Commission to provide for
preparation, printing and distribution of brochures promoting
The E1 Camino East/West Corridor.
On motion by Commissioner Walker, seconded by
Commissioner Cauley, the Court voted unanimously to appoint
the following individuals to the Brazos County Historical
Commission:
Mrs. Colleen Batchelor Dr. Dale Baum
Mr. Stephen C. Beachy Mrs. Rosemary Boykin
Dr. Shawn Carlson Mrs. Marge Hillier
Mr. Bill Page Mrs. Thena Parrott
Mrs. Ruth Peattie Ms. Georgianne Z. Prince
Mr. Janet Quiram Dr. Charles R. Schultz
Mrs. Julie Schultz Dr. Paul Van Riper
Mrs. Nancy Volkmann
Such appointments are for a. two (2) year term beginning
January 1, 1997 and ending December 31,,1998.
The Court next considered an amendment to the Deferred
Compensation Program with Public Employees Benefit Services
Corporation (PEPSCO). This-amendment is necessary to bring
the County's Deferred Compensation plan into compliance with
the "Minimum Wage Bill" that affected IRC Section 457 programs
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Commissioners Court meeting January 7, 1997
of which Brazos County has four. On motion by Commissioner
Walker, seconded by Commissioner Cauley, the Court voted
unanimously to approve the amendment to the Deferred
Compensation Program with Public Employees Benefit Services
Corporation (PEPSCO). A copy of the amendment is attached
hereto.
The next matter for consideration was the authorization
for the County Judge to execute Division Orders for interest
from Bryan/College Station Unit Well No. 1 with Pride Pipeline
Company. On motion by Commissioner Cauley, seconded by
Commissioner Sims, the Court voted unanimously to authorize
the County Judge to execute Division orders for interest from
Bryan/College Station Unit Well No. 1.
On motion by the County Judge, seconded by Commissioner
Cauley, the Court voted unanimously to set the rate for milage
reimbursement at $.28 per mile.
The next matter for consideration was a Contract for
Residential Services between Woodside Trails and the Juvenile
Services Department. Woodside Trails agrees to provide
residential treatment, basic care, 24 hour supervision,
individual and group counseling for children and adolescents
who have severe emotional or behavior disorders or conditions.
Brazos County will pay the services agency an amount not to
exceed $100.00 per juvenile offender per day. On motion by
Commissioner Walker, seconded by Commissioner Cauley, the
Court voted unanimously to enter into contract for, residential
services with Woodside Trails for care of juvenile offenders.
A copy of the contract is attached hereto.
The Court next considered a request from Constable
Precinct 4, Duane Peters, to appoint Raney J. Weatherford,
Ivan Messer, Laurie Calvin and Michael R. Bewley as Reserve
Deputy Constables. On motion by Commissioner Cauley, seconded
by Commissioner Walker, the Court voted unanimously to approve
the request from Constable Peters to appoint as Raney J.
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Commissioners Court meeting January 7, 1997
Weatherford, Ivan Messer, Laurie Calvin and Michael R. Bewley
as non-paid regular Reserve Deputy Constables.
The next matter before the Court was approval of Revised
Change Order No. 09 for the contract with Chappell Hill
Construction Company for the Juvenile Justice Center. Change
Order No. 09 had a 16 inch bore required whereas in the
revised version it is deleted. On motion by Commissioner
Sims, seconded by Commissioner Cauley, the Court voted
unanimously to approve Revised Change Order No. 09 which will
increase the amount of the contract by $8,305.50. A copy of
the Change Order is attached.
The Court next considered the following requisition for
purchases through sealed competitive bids for the Road and
Bridge Department:
Bid Amount
1) No. 96-.033 - Milled Asphalt $138,750.00
On motion by Commissioner Sims seconded by Commissioner
Cauley, the Court voted unanimously to approve the previously
listed requisition for the Road and Bridge Department.
The Court next considered the renewal of the pest control
bid no. 94-737 for an additional one (1) year period. The
Court asked 1f there were others who could do the job more
cheaply. Ed Dobbins, Maintenance Department Head, advised the
Court that he had received telephone quotes and that this was
the lowest price. On motion by the County Judge, seconded by
commissioner Sims, the Court voted unanimously to renew the
pest control bid for an additional one (1) year period at a
cost of $645.00 per month.
The Court next considered the renewal of the hauling
contract bid no. 96-020 for an additional one (1) year period.
On motion by Commissioner Walker, seconded by Commissioner
Cauley, -the Court voted unanimously to renew the hauling
contract for an additional one (1) year period.
The Court proceeded to consider the following blanket
Purchase Orders:
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Commissioners Court meeting January 7, 1997
Kinkos District Attorney $ 500
B.I.S.D. Juvenile Services $1,200
Advantage Rental Juvenile Services $1,000
On motion by Commissioner Walker, seconded by Commissioner
Sims, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
Under citizen input and/or concerns Commissioner Cauley
had the following comment:
1) He asked that the proposed liaison to the
Sheriff ' s department be placed on the agenda of the
next Commissioners Court meeting.
The County Judge made the following comments:
1) Talked about the need for a policy for
memberships and dues.
2) Commented that Commissioner Sims had received a
memo from the office of State Representative Dan
Kubiak concerning Imminent Domain. He then asked
the Court if there was any input from them.
Commissioner Sims commented that the had
visited with Representative Kubiak and
that he will remove cities and counties
from the wording.
3) He said that he needed to take a closer look at
job descriptions, that they needed to reflect the
actual job and that they needed to be thought out
carefully.
4) He has asked the legislature to revise the
hours and periods of early voting to reduce costs.
John Delaney, Judge 272nd District Court,
suggested that better choices could be
made concerning early voting locations.
5) He received a letter from TAC informing the
Court that Workers Compensation rates had-gone down
again.
6) He received a memo from John Reynolds about
deferred compensation but that had been taken care
of in item 12 of the agenda.
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
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held January 7, 1997 have been examined and are approved in
open Court this the day of
~ in Bryan, Brazos County, Texas.
Alvin W. Jones
County Judge
Sandie al r
Commissi, er, Precinct
Car Ca ey, Jr.
Commissi ner, Precin 4
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Commis Precinct 1
Mary An Ward
County Clerk
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BRAZOS COUNTY COMMISSIONERS' MEETING ON
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JANUARY 7, 1997, TUESDAY AT 9:OOA.M.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE, 1995-1996 BUDGET YEAR
NO. 96/97-10
On this the 7th day of January 1997 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, 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 January 7, 1997 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 7th day of January 1997
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By Alvin W. Jones, County Judge
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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
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FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
INCREASE DECREASE
01
1410
721550
Cr
CJPC Consultant Service
18,000.00
01
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480035
Dr
CJPC Consultant Service
18,000.00
To amend the budget between the State Contract between the Criminal Justice Policy Council (CJ
PC)
and Brazos County (Computer Network Services division) as approved December 18,1996
with their amendment #1. This contract was to end December 31, 1996, but has been
extended to May 31, 1997. The original contract allowed for a match from the county and
was budgetted as a transfer from Capital Projects. The funds were never transferred in
anticipation of this amendmend. As of September 30, 1996, the year-to-date expenditures
were $27,000 and the equal amount was accrued as revenue and setup as accounts
receviable. The 1997 budget should be reduced by that amount and then increased $9,000
(Amendment #1). The Original Budget and the Original Budget as Amended is as follows:
Original
Amended
Aoguat
Budget
Budget
Account Tithe
480035
36,000
56,000
CJPC Consultant Service
490150
11,000
-
Transfer from Capital Project
721550
47,000
56,000
CJPC Consultant Service
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
NO. 96/97 - 10
FD
DIV
ACCT
PROJ
Dr/Cr
ACCOUNT NAME
Increase
Decrease
01
280001
514400
Cr
Salary - Law Enforcement
1,584.00
01
531000
Cr
Social Security
123.00
532000
Cr
Retirement
113.00
01
280001
519400
Dr
Compensated Leave Pa
1,820.00
Sheriff Administration
To ad ust salary budget for change in level of ay for the Chief
De u
01
280020
514400
Cr
Sla - Law Enforcement
331.00
531000
Cr
Social Security
26.00
532000
Cr
Retirement
23.00
01
280020
519400
Dr
Compensated Leave Pay
380.00
Jail Adminstration
To adjust salary budget for change in level of a for the Jail Administrator
01
280001
516100
Cr
Hourly - Staff
12,706.00
01
280001
516150
Dr
Hourly - Law Enforcement
15,930.00
01
280001
531000
Dr
Social Security
250.00
01
280001
532000
Dr
Retirement
230.00
01
280001
538000
Dr
Worker's Compensation
110.00
01
280001
539000
Dr
Unemployment Insurance
10.00
01
480040
Cr
Crime Stopper's Sala Supplement
3,824.00
Sheriff Administration
To eliminate the position of Secrets I under the Sheriff Administration budget,
and to create the position of Assistant Coordinator - Crime Stop rs. The position
is full funded b Crime Sto ppers.
Prepared By: JTR Approv B
Date: 12/30/96 ' 1 Date:01 0 97
PAQL -7 -V-7
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BUDGET AMENDMENTS
f NO. 96/97 -10
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DIV
ACCT
PROJ
Dr/Cr
ACCOUNT NAME
Increase
Decrease
307001
516150
Dr
Hourly - l_aw Enforcement
13,701.00
307001
538000
Dr
Workers Compensation
98.00
307001
516100
Cr
Hourly - Staff
13,799.00
Constable Pct 7.- To change the clerk position 806
4-1 to a deputy position
Sala thru end of year
Positions:
4002-1
$ 28,441.00
8064-1
$ 6,052.00
4002-4
$ 17,616.00
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ed By: KDC Approve (5
t 2-31-96 Date:
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THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
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NATIONAL ASSOCIATION OF COUNTIES
DEFERRED COMPENSATION PROGRAM
THE DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES
AMENDMENT #1 TO PLAN DOCUMENT
WHEREAS EMPLOYER executed the above referenced Plan Document; and
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w WHEREAS, effective January 1, 1997, EMPLOYER desires to amend the Plan
Document as follows:
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t 1. The first sentence of Article I, Section 1.01(n) is hereby deleted and replaced
with the following:
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SEPARATION FROM SERVICE means Separation From Service as used in IRC
j Section 402 (d)(4)(A)(iii), and on account of the PARTICIPANT'S death or
retirement.
2. ARTICLE II, Section 2.04 is hereby deleted and replaced with the following:
i
2.04. Except as provided in Section 2.05, the maximum deferred amount under
the PLAN for the PARTICIPANTS taxable year shall not exceed the lesser of (a)
$7,500 (as adjusted by the Secretary of the Treasury) or (b) 33 1/3% of the
PARTICIPANTS Includible Compensation as provided in IRC Section 457.
3. ARTICLE It, Section 2.06 is amended by replacing "402(a)(8)" with "402(e)(3)"
{ and by adding, in the third line "or (k)" following "402(h)(1)(B)".
C 4. Article II is hereby amended by the addition of the following Section:
,
2.07 Notwithstanding the preceding provisions of Article II, a PARTICIPANT who
' is entitled to reemployment pursuant to the terms of the Uniformed Services
Employment and Reemployment Act of 1994 (USERRA) may defer an additional
amount under the PLAN as provided in that act for the years of his or her service
in the uniformed services (as defined in USERRA). Any such deferrals will not be
subject to the limits set forth above in the year in which deferred, but will be
subject to the limits for the year to which such deferrals relate.
'I 5. ARTICLE VII, Section 7.02 is hereby deleted and replaced with the following:
7.02. The EMPLOYER shall use the PARTICIPANTS or Beneficiary's investment
specjfications so as to determine the value of the deferred account maintained
DC-2946-B '
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with respect to the PARTICIPANT as if the deferred amounts had been invested
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according to such specifications; provided, however, that only upon approval
from EMPLOYER and Administrator may a PARTICIPANT allocate an amount
greater than 25% of the total deferrals of the PARTICIPANT to a life insurance
option.
6. ARTICLE VII, Section 7.04 is hereby deleted and replaced with the following:
7.04. All assets of the PLAN, including all deferred amounts, property and rights
purchased with deferred amounts, and all income attributable to such deferred
amounts, property or rights, shall (until made available to the PARTICIPANT or
Beneficiary) be held in a trust, custodial account or annuity contract described
in IRC Section 457(8) for the exclusive benefit of the PARTICIPANTS and their
beneficiaries.
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7. ARTICLE VIII, Section 8.01 is hereby deleted and replaced with the following:
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8.01. Commencement of Distributions: The PARTICIPANT may elect the time at
which distributions under the PLAN are to commence by designating the month
.
and year during which the first distribution is to be made. The earliest distribution
commencement date that may be elected by the PARTICIPANT shall be the
earlier of:
i
(a) thirty-one (31) days after Administrator is notified of
t.
PARTICIPANT'S separation from service or the date the PARTICIPANT
- separates from service, whichever is later, or
i
(b) the date on which the PARTICIPANT attains age 70 1 /2 ex
terminates deferrals under this PLAN, whichever is later.
t
.
At least thirty (30) days prior to the date on which a PARTICIPANT is eligible for
}
benefits to commence under the PLAN, the EMPLOYER shall notify the
.
ADMINISTRATOR in writing, mailed to the ADMINISTRATOR'S Home Office, of the
PARTICIPANTS eligibility.
The PARTICIPANT shall make such election no later than the earlier of:
o.
(a) thirty (30) days following the date Administrator Is notified of
PARTICIPANT'S separation from Service, or
(b) thirty (30) days following attainment of age 70.
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Benefits payable. to the PARTICIPANT will be the equivalent of the total benefits
that would have been created had the deferred amounts been invested as
specified by the PARTICIPANT.
The date elected for commencement of distributions ("the Elected
Commencement Date") shall be not later than the Mandatory
Commencement Date, which shall be the later of,
(a) April 1 of the calendar year following the calendar year in
which the PARTICIPANT attains age 70 1/2: or
(b) April 1 of the calendar year following the calendar year in
which the PARTICIPANT separates from service with the EMPLOYER.
The Elected Commencement Date may be postponed, once, following the
PARTICIPANT's separation from service, if the PARTICIPANT files an election
designating a new date for benefits to begin, prior to the original Elected
Commencement Date. Failure to file an election with the Administrator within
the appropriate time period will result in the Administrator beginning distributions
one hundred and eighty (180) days following the date the PARTICIPANT
separated from service or the date the Administrator is notified of PARTICIPANT'S
separation from service, whichever is later.
8. ARTICLE VIII, is hereby amended by the addition of the following Section:
8.05 In service distribution - $3,500 or less: If the total amount payable to a
PARTICIPANT under the PLAN is $3,500 or less, the PARTICIPANT may elect to
receive such amount before separation of service (or the PLAN may distribute
such amount without the PARTICIPANTS consent) if -
(a) no amount has been deferred under the PLAN with respect to
such PARTICIPANT during the two year period ending on the date
of distribution, and
(b) there has been no prior distribution under the PLAN to such
PARTICIPANT to which this Section applied.
•
9. ARTICLE X is hereby amended by the addition of the following Section:
10.07 All assets of the Plan, including all deferred amounts, property and rights
purchased with deferred amounts, and all income attributable to such deferred
amounts, property or rights, other than assets held in annuity contracts, will be
held in a custodial account described in IRC Section 457(8). Such amounts will
be-held in a common fund with the assets of other Section 457 Plans. Such
DC-2946-8 <
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custodial account shall be held by the custodian thereof for the exclusive
' benefit of the PARTICIPANTS and Beneficiaries of this and other Section 457 Plans
and the assets may not be diverted to any other use. The Administrator shall be
the agent of fhe EMPLOYER for purposes of providing direction to the custodian
E • of the custodial account from time to time as to the investment of the funds
held in the account, the transfer of assets to or from the account and all other
' matters. A copy of the Section 457 Custodial Account Agreement which
describes the duties of the custodian is attached hereto as Exhibit A and is
incorporated herein by reference.
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ESTABLISHMENT OF CUSTODIAL ACCOUNT AND LIFE INSURANCE
TRANSFER AUTHORIZATION
WHEREAS, the undersigned Employer is the owner of one or more life insurance
policies issued to it by Commonwealth Life Insurance Company, Kentucky
Commonwealth Life Insurance Company, Peoples Security Life Insurance Company, or
Providian Life and Health Insurance Company (the "Policies") in connection with the
deferred compensation plan it maintains for its employees (the "Plan") pursuant to
Section 457 of the Internal Revenue Code of 1986, as amended (the "Code"); and
WHEREAS, as a result of an amendment to the Code, all assets and income of the Plan
must be held in a trust, custodial account or annuity contract; and
WHEREAS, the Plan has been amended to reflect the changes required by the
amendment to the Code; and
WHEREAS, the Employer desires to adopt the Code Custodial Account (the "Custodial
Account") to hold assets, other than annuity contracts, which will provide benefits for the
participants and beneficiaries; and
WHEREAS, as a result of the amendment to the Code, the Employer desires to transfer
ownership of the Policies to Bank One Trust Company, N.A. (the "Custodian") for the
exclusive benefit of the Plan's participants and beneficiaries;
NOW THEREFORE, the undersigned Employer hereby accepts the Code Custodial
Account Agreement, adopts the Custodial Account, authorizes transfer of ownership to
the Policies to the Custodian, and designates the Custodian as the beneficiary to the
Policies. SkALOS COUNTY, TtXAS
300 E 26TH ST
EMPLOYER: SU I T e 313A
6RVAN, Tx -
77803
BY: C,._.._/
TITLE: Co v. Mm-A L • n/_ a._
DATE: t • -I - cl ?
DC-2948-A
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SECTION 457 CUSTODIAL ACCOUNT AGREEMENT
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THIS CUSTODIAL AGREEMENT is made this 2~ day of September, 1996 by and
between PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION duly organized and
existing under the laws of the State of Delaware, or its successor, (the "Principal") on behalf of
certain public employers and deferred compensation plans described herein and BANK ONE
TRUST COMPANY, N.A., a national banking association organized and existing under the
national banking laws of the United States (the "Custodian") for the exclusive benefit of the
participants and their beneficiaries of those certain deferred compensation plans described herein.
WITNESSETH:
WHEREAS, Section 457 of the Internal Revenue Code of 1986 (the "Code") governs the tax
treatment for deferred compensation plans of state and local governments ("Plan" or "Plans");
WHEREAS, Section 457 of the Code has been amended to require that assets and income of any
such Plan be set aside in trust -for the exclusive benefit of participants and their beneficiaries;
WHEREAS, Principal, pursuant to this amendment of the Code desires as administrator and on
behalf of such Plans and for their eligible employers ("Employer" or "Employers") to open a
custodial account, the assets of which shall be held by Custodian (as defined in Section 401(f) of
the Code) for the exclusive benefit of participants and the beneficiaries thereof of such Plans;
WHEREAS, Custodian has all requisite power and authority to maintain and hold such assets in
a custodial capacity for the exclusive benefit of such Plan participants and is a bank within the
meaning of Section 408(n) of the Code;
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties agree as follows:
1. INTENTION. The parties hereto intend that this agreement comply with Section 457(g)
of the Code and this Agreement shall be interpreted consistently with said Section.
2. NAME. The name of this custodial account shall be the Section 457 Custodial Account
(the "Account").
3. ADOPTION OF THIS AGREEMENT. Each Employer who desires that the Plan which
it sponsors become a part of the custodial account created under this Agreement for the benefit of
the participants thereof and their beneficiaries shall adopt the terns of this Agreement in the
form agreed to by the Principal and the Custodian.
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4. CUSTODIAN'S DUTIES. The Custodian shall hold in its name or the name of its
nominee, for the benefit of the participants and beneficiaries of the Plans whose Employers have
adopted this Agreement, various life insurance contracts, savings plans and mutual fund shares
delivered to it by Principal as directed from time to time by the Employers maintaining such
Plans. such direction to be provided to Custodian through Principal. Custodian shall only be
responsible for custody thereunder of cash, securities and property delivered to it from Principal
and then only while the cash, securities and property are held in and as part of the Account.
Custodian shall have no obligation to review any direction to determine whether Principal's
direction complies with Section 457 of the Code. Such assets, including any earnings accruing
on them, shall be held solely for the participants and beneficiaries of the Plans and may not be
diverted to any other use. Principal shall not give Custodian any direction which would cause
any assets to be assigned by any Plan, other than as a transfer to another investment option under
such Plan that satisfies the requirements of Section 457 of the Code. Such contracts, savings
plans and mutual fund shares shall be held as a single account by Custodian. Custodian shall
hold the contracts, savings plans or mutual fund shares until termination of the custodial account
as described herein or upon cancellation of the contacts or mutual fund shares as directed by a
Plan's employer through Principal or until transferred to a successor pursuant to Section 9 hereof.
Custodian and Principal may enter into other agreements concerning the administration of the
assets held under this Custodial Agreement.
The Principal and Custodian acknowledge and agree that all such assets held in the custodial
account shall be for the account and risk of Plan participants and beneficiaries, and any losses -
with such assets shall be borne solely by the Plan participants and beneficiaries thereunder. The
Custodian shall have no discretion whatsoever with respect to the management, disposition or
investment of the assets held in this Account.
5. LIMITATIONS ON DUTIES OF CUSTODIAN. The duties and obligations and rights
of Custodian shall only be such as are specifically set forth in this Custodial Agreement, as it
may from time to time be amended, and no implied duties or obligations or rights shall be read
into this Custodial Agreement against the Custodian. Custodian is entitled to conclusively rely
upon the direction of the Principal. In particular, Custodian shall have no duty to monitor the
value of any investment or to make any investment decisions with respect to the property held
hereunder. Custodian shall not be required to follow any direction of an Employer which is not
provided through Principal, such grant of authority by Employer to Principal to provide direction
to Custodian is the subject of other agreements to which Custodian is not a parry.,
As long as and to the extent that it exercises reasonable care, Custodian shall not be responsible
for the title, validity or genuineness of any property or evidence of title thereto received by it or
delivered by it pursuant to this Agreement.
Custodian shall be entitled to rely upon and may act upon advice of counsel (who may or may
not be counsel for the Principal) on all matters, and shall be without liability for any action
reasonably taken or omitted pursuant to such advice. '
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6. RECORDS AND REPORTS. Custodian shall create and maintain records relating to its
activities and obligations under this Agreement. All such records shall remain property of the
Custodian. Custodian shall have no duty to maintain any records concerning the balance in any
particular Plan or in any Plan participant's account, that being the duty of the Principal.
7. LIABILITY LIMITATIONS. Custodian shall not be responsible or liable for any failure
or delay in the performance of its obligations under this Agreement arising our of or caused
directly or indirectly by circumstances beyond its reasonable control, including without
limitation: acts of God, earthquakes, fires, floods, wars, civil or military disturbance, sabotage,
epidemics, riots, interruptions, loss or malfunction of utilities or communications service,
accidents, labor disputes, acts of civil or military authority, governmental action, or inability to
obtain labor, material, equipment or transportation.
In no event shall the Custodian or its directors, officers, agents and employees be held liable for
any special, indirect, punitive or consequential damages resulting from any action taken or
omitted to be taken by it or them hereunder or in connection herewith even if advised of the
possibility of such damage.
8. COMPENSATION AND EXPENSES. Custodian shall be entitled to receive
compensation for its services and for reimbursement of its out of pocket expenses at such times
and in such amounts as the Custodian and the Principal may, from time to time, agree. Such fees
and expenses will be paid by Principal and only should Principal become delinquent will fees be
paid out of the funds held under this Agreement as authorized by the Principal.
9. RESIGNATION, REMOVAL and SUCCESSION OF CUSTODIAN. The Custodian or.
Principal may terminate the Custodial Account agreement without assigning any cause, in
writing, effective not less than ninety (90) days after receipt thereof, by the other party. No such
resignation or removal shall be effective until a successor Custodian has been appointed by the
Principal and has accepted such appointment and all assets in the Account have been duly
transferred to such successor Custodian. If the Principal fails to name a successor Custodian
within ninety (90) days after receipt of a written resignation from the Custodian, the Custodian
shall have the right to commence an action in the nature of an interpleader (or other appropriate
. action) and seek to deposit the property in a court of competent jurisdiction.
In case of the appointment of a successor Custodian, all of the powers, rights and duties of the
Custodian named herein shall survive and continue in the successor Custodian and every
successor Custodian shall succeed to, take and have all the powers, rights and duties which
belonged to or were held by its predecessor.
10. ACCOUNTINGS. Custodian will provide to Principal statements with respect to the
Account as a single account which will not reflect the interest of each section 457 Plan. Principal
may approve any account or statement. Custodian shall have the right to have its accounts
settled by judicial proceedings, if it so elects, in which event only Custodian and Principal shall
3
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be necessary parties. Custodian may, however, in its discretion, join as defendant any other
person or persons who may have or claim an interest therein. Except as otherwise provided
under applicable law, only Principal may require Custodian to provide an accounting and only
Principal may institute an action or a proceeding against Custodian. Custodian shall have no
duty to provide any accountings or reports to any employer.
It. VOTING. Custodian shall promptly deliver or mail to the Principal all forms of proxies
and all notices of meetings affecting or relating to Securities held in any custodial account
established. Upon receipt of proper instructions, Custodian shall execute and deliver such
proxies or other authorizations may be required. Neither Custodian nor its nominee shall vote
any Securities or execute any proxy to vote the same or give any consent to take any other action .
with respect thereto absent proper instructions from Principal.
Custodian shall release and deliver such Securities and take any other action as directed by the
Principal, with respect to dividends, splits, distributions, spin-offs, puts, calls, conversions,
redemptions, tenders, exchanges, mergers, reorganizations, rights, warrants or any other similar
activity relating to the Securities.
12. TERMINATION. This Custodial Account shall terminate the earlier of the date on which
Principal determines that this Custodian Account no longer is necessary in light of any statutory
or regulatory change to the set aside requirement set forth in Section 457(g) of the Code or a date
one hundred days after the termination or redemption date of the last contract or mutual fund
share held hereunder. Any assets remaining at the time of such termination or cancellation shall
be returned to Principal, or be transferred to another party(ies) upon direction from the Principal.
13. GOVERNING LAW. The provisions of and validity and construction of this Custodial
Agreement shall be governed by and construed in accordance with the laws of the State of Ohio
and the Custodial Account created hereunder shall be administered in accordance with such laws.
14. SUCCESSORS and ASSIGNS. This Agreement and the rights and duties hereunder
shall not be assignable by either of the parties hereto except Custodian may assign this
Agreement to any of its affiliates.
15. AMENDMENTS. This Custodial Agreement may be amended from time,to time by an
instrument in writing executed solely by duly authorized officers of the Principal and Custodian.
Amendments may be executed without the consent of any Plan, Employer or Plan participant.
16. NO THIRD PARTY BENEFIT. This Agreement is intended for the exclusive benefit of
the parties to this Agreement, the participating Plans, the participants in such Plans and their
beneficiaries, and their respective successors and assigns, and nothing contained in this
Agreement shall be construed as creating any rights or benefits in or to any other party.
' 4
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• 17. DISPUTE RESOLUTION AND ARBITRATION. Any controversy or claim arising out
of or relating to this Agreement, or the breach of the same, shall be settled through consultation
and negotiation in good faith and a spirit of mutual cooperation. However, if those attempts fail,
the parties agree that any misunderstandings or disputes arising from this Agreement shall be
decided by arbitration in Columbus, Ohio which shall be conducted, upon request by either party,
before three (3) arbitrators (unless both parties agree on one (1) arbitrator) designated by the
American Arbitration Association (the "AAA"), in accordance with the terms of the Commercial
Arbitration Rules of the AAA and, to the maximum extent applicable, the United States
Arbitration ACE (Title 9 of the United States Code), or if such Act is not applicable, any
substantially equivalent state law. The parties further agree that the arbitrator(s) will decide
which party must bear the expenses of the arbitration proceedings.
18. MEDIA RELEASES. No media releases of any kind to publicize the Account or
relationship between the Employer, Custodian or Principal are permitted. No party shall use any
trade name trademark, service mark or any other information which identifies the other party in
its sales, marketing and publicity activities, including but not limited to interviews with
representatives of any written publication, television station or network, or radio station or
network. The Custodian and Principal may by joint action waive the restrictions of this Section;
an Employer may seek a waiver by submitting a request through Principal.
IN WITNESS WHEREOF, the parties hereto have caused this Custodial Agreement to be
SIGNED, SEALED and DELIVERED at Columbus, Ohio on the date set forth above.
PRINCIPAL:
PUBLIC EMPLOYEES BENEFIT SERVICES '
CORPORATION
By:
Its: Pneel.lent
CUSTODIAN:
BANK ONE TRUST COMPANY, NA.
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ENDORSEMENT
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Group Flexible Fund Retirement Contract
(TSP 556)
Group Fixed Fund Retirement Contract
(TSP 557)
Attached to and made a part of this contract by
NATIONWIDE LIFE INSURANCE COMPANY
ONE NATIONWIDE PLAZA
COLUMBUS, OH 43216
WHEREAS the above-referenced group annuity contract was issued to the Owner ('the Owner") by
NATIONWIDE LIFE INSURANCE COMPANY ("the Company") and the Company wishes to modify this
contract pursuant to Section 6.02 and to comply with the Small Business Job Protection Act of 1996 ('the
Act"). Section 1448 of the Act amends Section 457 of the Internal Revenue Code of 1986, as amended
('Code'), regarding plan assets of governmental plans. This Endorsement shall be effective on January 1,
1997 or the Effective Date of the Contract, whichever is later.
NOW, THEREFORE, the Company hereby endorses the Contract as follows:
1. The Contract Schedule is revised by deleting the following language:
Owner of Contract: BRAZOS COUNTY, TEXAS
and replacing it with the following language:
Owner of Contract: BRAZOS COUNTY, TEXAS, for the benefit of the Participants and
Beneficiaries of the NACO Plan.
2. All references In the Contract or endorsements to the Contract regarding ownership of the Contract,
the ownership of Plan assets, exercise of contractual rights, or any other provision affected by the
Act, shall be subject to the following provisions:
a) The Owner of the Contract shall hold all assets and income of the Plan for the exclusive
benefit of the Plan's Participants and beneficiaries. Contractual rights and privileges may
be exercised by the Owner to the extent such rights are not specifically reserved in the Plan
for Participants as a group or as individuals. The Owner may not take any action
inconsistent with the rights of the Plan's Participants.
b) This Contract shall be treated as a trust for purposes of the Code under rules similar to the
rules under Section 401(1) of the Code.
SECRETARY PRESIDENT
APO-3033 ,
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STATE OF TEXAS
COUNTY OF BRAZOS. DEC 2,11996
CONTRACT FOR RE51 kgWCE j%#S
The Brazos County Juvenile Services Department, hereinafter called Brazos" County,
and Woodside Trails, hereinafter the Service Agency, by this agreement and In
consideration of the mutual promises set forth below agree that:
1. PROVISIONS OF SERVICE
The Service Agency agrees to provide the following services, which shall be
limited to alleged or adjudicated juvenile offenders in licensed juvenile care
facilities while juvenile is on Conditional Release, Informal Adjustment or Court
Probation through Brazos County:
Residential treatment, basic care, 24-hour supervision, individual and group
counseling: as per the _Texas Health & Human Services Coordinating Council
Rate Schedule and Definitions for Level of Care for Level V (Children and
adolescents at this level of care have severe emotional or behavior disorders or
conditions such that a highly structured program is essential to improved
function or maintenance. They may present a moderate to severe risk of
causing harm to themselves or others.)
A. For and in consideration of the above-mentioned services, Brazos
County agrees to pay the Service Agency an amount not to exceed
$100.00 for Level V services per juvenile per day. This fee does not
exceed the actual cost of child care in the Service Agency, and does not
exceed the amount allowed in the Texas Health Human Services
Coordinating Council's Definitions of Levels of Care. The Service
Agency will not change the Level of Care of a particular juvenile without
written acknowledgement of Brazos County.
B. Recognizing that part of a juvenile's rehabilitation program may include
time away from the residential setting of the Service Agency such as
weekends, holidays, etc., and that the Service Agency must retain space
for this juvenile until his return, Brazos County will pay the Service
Agency the above agreed upon amount for such regularly scheduled days
away from the Service Agency or its program providing they do not
Page 1 of 8
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exceed ten (10) days at any one time.
C. If a juvenile makes an unauthorized departure from the Service Agency,
Brazos County shall be notified immediately. If the juvenile returns to
the Service Agency within ten (10) days or prior to the last billing day of
the month, whichever shall occur first, the Service Agency shall receive
payment for those days the juvenile was absent from the Service
Agency, but not to exceed er (10) days' payment.
D. The Service Agency is under no obligation to retain space for the juvenile
in unauthorized departure situations; however, every effort should be
made to reconcile the incident to both parties'. satisfaction.
E. Claim for payment must be submitted no later than ten (10) days from
the last day of the month for which payment is being requested on a
monthly basis.
F. Each billing should contain the Personal Identification Number (PID) of
the juvenile(s) for whom payment is being requested along with the
number gf VM (stated consecutively) for which payment is requested.'
Billing should begin no earlier than the Court ordered day of disposition
into the program to the end of the month and first day of the month
through the last day of the month thereafter. Payment will be made In
the form of a check to the Service Agency. Payments will be issued by
the Brazos County Treasurer's Office no later than 30 days from receipt
of original billing. Brazos County will not accent copied or faxed
invoices. The original invoice is required for payment. No special
payment exce tp ions will be made. Please do not call -for status of
payment unless past the 30 day time period.
G. The service agency understands and agrees to receive prior approval by
phone from a Unit Supervisor, Associate Director, or Director for any
expense, i.e... medical, clothing, incidentals, etc...not to exceed
$150.00. For any expected expense over $150.00, written approval
from the Director or his designee Is reaulred. Failure to receive prior
approval WM result in this department refusing to pay. (In case of a
medical emergency, Brazos County will only be responsible for payment
Page 2 of 8
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after aff other financial sources, Le...parents ability to pay, private
insurance, federal, state, or local indigent health care programs have
been exhausted.)
II. INDIVIDUAL PROGRAM AND FAMILY INVOLVEMENT
A.
Each juvenile placed with the Service Agency shall have a written
Individualized Program Plan (IPP) developed in concert with the juvenile
and mutually agreed upon by the appropriate Service Agency staff and
assigned probation officer. A copy of the IPP shall be sent to the
probation officer no later than six weeks after placement.
B.
The goals in the IPP shall be reviewed jointly by the appropriate Service
Agency staff, the juvenile, and the assigned probation officer at
reasonable intervals, not to exceed ninety (90) days, to assess the
:.Juvenile's progress with modification of the IPP being made when
needed. A copy of the revised IPP shall be given to the assigned
probation officer.
C.
The IPP shall contain the reasons why the placement will benefit the
juvenile; shall specify behavioral goals and objectives being sought for
each juvenile; shall state how the goals and objectives are to be achieved ,
in the Service Agency placement; and shall state how, if at all, the
parent(s), guardian(s), and where possible, grandparents or other
extended family members will be involved in the Individual Program Plan
to assist in preventing or controlling the juvenile's alleged delinquent
behavior or alleged conduct indicating a need for supervision as defined
in the Juvenile Justice Code,
D.
The Service Agency shall remain in telephone contact with assigned
probation officer regarding juvenile's progress and provide a written
report of progress upon request,.but no less than one time per month.
E.
If a juvenile in placement at the Service Agency makes an unauthorized
departure, becomes seriously ill, or is involved in a disruptive incident,
the Service Agency shall notify the juvenile's probation officer or other
probation staff within a twenty four hour period following the incident
and ensure that parents, proper authorities, the Texas Department of
Page :3 of 8
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•
•
•
Human Services, or the police are notified If appropriate. A written
incident report and/or police report mss be sent to the assigned
probation officer no later than five (5) working days after the occurrence.
F.
Brazos County reserves the right to terminate the juvenile's placement
at the Service Agency at its discretion. The Service Agency must not
release the juvenile to any person other than Brazos County without the
express consent of Brazos County.
G.
Brazos County must approve the juvenile's participation in any furloughs,
f
home visits, or extended agency trips.
{ H.
Unless otherwise stipulated by Brazos CountY, the juvenile may visit
f
freely with parents and relatives at the Service Agency in accordance
with established Service Agency policies.
1.
Suspected or alleged cases of child abuse must be immediately reported
to the assigned probation officer and the Texas Department of Protective
and Regulatory Services - Child Protective Services.
III. EXAMINATION OF PROGRAM AND RECORDS
i A.
The Service Agency agrees that it will permit Brazos County to examine
and evaluate its program of services provided under the terms of this
Contract and to review Brazos County juvenile records. This
examination and evaluation of the program will include unscheduled site
visitations, observation of programs in operation, and interviews with the
staff of the Service Agency and the juvenile.
B.
The Service Agency agrees to maintain and make available for
inspection, audit or reproduction by an authorized representative of
Brazos County Juvenile Services and the State of Texas, books,
documents, and other evidence pertaining to the cost and expenses of
this Contract, hereinafter called the Records.
C.
The Service Agency agrees to maintain these records for three (3) years
after final payment or until the state-approved audit has been made and
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all questions therefrom are resolved. '
Page 4 of 8
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IV. FEE ASSESSMENT
A. Juvenile or their families shall not be assessed fees for services by the
Service Agency unless arrangements are specified by the Court. This
does not preclude reasonable attempts to seek voluntary contributions
from families of County juveniles for donations of clothing, personal
articles, and funds to assist In supporting a juvenile's rehabilitation.
B. If a juvenile is eligible for fiscal support from another state agency or
organization, the Service Agency shall ensure that Brazos County is not
charged for such fiscal support for which the juvenile is otherwise
eligible.
C. 'Under Section 231.006, Family Code, the Service Agency certifies that
the Service Agency is not ineligible to receive the specific grant, loan, or
-payment, and acknowledges that this contract may be terminated and
payment may be withheld if this certification Is inaccurate.
0. The Service Agency shall adhere to all applicable state and federal laws
and regulations pertinent to the contractors provision of service.
E. The Service Agency shall account separately for the receipt and
expenditure of any and all funds received under this contract. '
V. DEFAULT
A. Brazos County may, by written notice of default to the Service Agency,
terminate the whole or any part of this Contract in an of th f II
•
y e o owing
1
7
circumstance:
If the Service Agency fails to perform the work called for by this '
Contract within the tima specified herein or any extension thereof;
or
1 .
2. If the Service Agency fails to perform any of the other provisions
IS
of this Contract, or so fails'to prosecute the work as to'endanger
'
performance of this Contract in accordance with Its terms, and in
either of these two circumstances does not cure such failure
within a period of ten (10) days (or such extension as authorized
'
by Brazos County in writing) after receiving notice of default.
Page-5of 8
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VI. TERMINATION
~
A. This contract may be terminated by either party by giving ten (10) days
written notice to the other party hereto of the Intention to terminate.
!r
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1
B. Termination of the juvenile's residence with or receipt of services from
the Service Agency shall occur only after notifying the assigned
probation officer of the causes and with sufficient lead time of at least
ten (10) days to allow alternate placement or referral for service.
C. The decision of the terminating party shall be final and conclusive unless
within thirty (30) days from the date of receipt and of a written copy of
the decision, the nonterminating party mails or otherwise furnished to
the terminating party, a written appeal addressed to the Criminal Justice
}
Division or its authorized representative, shall be final and conclusive,
absent a showing of fraud, caprice, arbitrariness or gross error implying
r'
bad faith, in some court of competent jurisdiction.
I
VII. LAW AND VENUE
F
In-any legal action arising under this Contract, the laws of Texas shall apply and_
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venue shall be in Brazos County.
•
III. APPLICATION PROCEDURES
The Service Agency shall agree to accept the State of Texas Common
Application for Placement of Children in Residential Care for admission review
on juveniles referred from Brazos County. Brazos County will provide Service
'
Agency with a report on recent physical, dental, psychological, and psychiatric
- examinations if required by Service Agency and any social history available to
i.
the Court.
XI. CONTRACT PERIOD
The Contract period will begin on the 1st day of January, 1997, and will
terminate on the 31 st day of December, 1997.
Page 6 of 8
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BRAZOS COUNTY, TEXAS
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Alvin W. Jones, Co my Judge Date
Brazos County, Texas
1 3 9~
E. A. Wentrcek, Jr., Direct r Date
Juvenile Services Department
SERVICE AGENCY
SIGNATURE Date
A 9 &A?~
PRINT NAME AND TITLE OF PERSON SIGNING THIS FORM
1- Tom! Lou (;m i rJC', ,
Ci C-Z'. kT7 vc Di26 C702
• PRINT FACILITY NAME AND ADDRESS FACILITY TELEPHONE NUMBER
~o.•CS~OIE /RA~~s ~N6QA PF(iT CA1A S a ;L ~ 7 T ~+OZ
` Po Box i k
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PRINT BILLING NAME & ADDRESS BILLING TELEPHONE NUMBER
W oub s10L TRA►L-$ 5 a 3 ~Co Z
Po fox 199
SM 11I4 vl&4-C T W17 5?
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BILLING CONTACT PERSON
E801 McRR1-S
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$ s to ,
FEDERAL TAX IDENTIFICATION NO.: 71' 114
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CPS LICENSING REPRESENTATIVE CPS TELEPHONE NUMBER
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Page 8 of 8
VOL.... -PAUP., a.,.
3 t l • f~-w.~ -.ice ...1 . a.V- • fU' -w•:.•'••w:.,' J<. r t a!, r; II!-.,..,d.r7. t i • ~ i t
CHANGE
ORDER
OWNER
D'
ARCHITECT
a
CONTRACTOR
a
REI D
a
OTHER
a
PROJECT: Brazos County Juvenile Justice Center
CHANGE ORDER NUMBER: 09 Revised
address) Bryan. Texas
DATE December 16, 1996
CONTRACTOR: Chappell Hill Constriction
ARCHITECT'S PROJECT NO, - 94010
(r-r.% address) PO Box 602
Brenham, Texas 77834-0602
CONTRACT DATE: March 27.1996
CONTRACT FOR: General C st uction
The Contract is changed as follows:
Installation of three 8' valves to be alt into 8' line already insWed.
ADD
$ 3,075.00
Routing of water fine along the north side of Hwy 21.
ADD
$ 8,735.00
SUBTOTAL
$11,810.00
Delete 16' bore no longer required.
DEDUCT
$ 3,900.00
SUBTOTAL $ 7,910.00
" ADD GCs OH&P (596) $ 395.50
SUBTOTAL $ 8.305.50
TOTAL ADD $8,305.50
Add four days to the contrw time due to rain delays{see attached).
Not valid until signed by the Owner, Architect and Contractor.
Lr The original Contract Sum was $ 5,453,618.00
Net change by previously authorized Change Orders $ -60,954.07
The Contract Sum prior to this Change Order was $ 5,392,663.93
The Contract Sum will be (increased) I dea~eased) (u. od o gedj by this Change Order in the amount of $ 8,305.50
The new Contract Sum including this Change Order will be $ 5,400,969.43
The Contract Time will be (increased) (decreased (u. id ar%4 by four ( 4 ) days.
The date of Substantial Completion as of the date of this Change Order therefore is June 17. 1997.
NOTE: Thk wmwy does not rolled dwVa in *a CorArad &m Contrad Tme or Guaran W Moamun Prise whkh ham been adwriaed by C.on*uction
, Change Di id-
i r Cmslin and Associates, Inc. ChapWil Hill Construction • Brazos County Cornm'ssioners Court
ARCHITECT CONTRACTOR OWNER
1114 Lost Creek Blvd. Suite 430 PO Box 602 300 East 26th Street
Address Address Address
Austin, Texas 78746 Brenham, Texas 77834-0602 )cyan. Texas 77803
' BY BY BY
date ~1-'~~ • ~t~s date 2 date - - 97 Z- 114
VOL
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-_~r•-, -NOV c1 ' yb 1Id:: WHM Lt 1-'LLB. ni ~v. CD i -
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CROSUN AND ASSOCIATES, INC.
Architecture and Planning
1114 lost Creek Blvd, Suite 430
Austin, Texas 78746
(512) 328-9SS1
Fax 328.9557
;ACSIMILE TRANSMITTAL FORM
•
•
n: Gem Weht•inj
:ompany: Chappell Hill C.onsuuction
:'Gate: November 19.1996
Fax No.: 409-830.1363
Projea No. 94010 '
object: &um Comq Juverlle Justice Center Pages: 6
(iAdWrg tow shm)
~errtiarics: '
rom: Larry Miller
h
'slenn - attached are Transmittal # 140 and #46, bah regarding the water line at Hwy 2 1. We will be writing up
t Change Order for the installation of 8' valve for $3.075.00, but there is a question regarding the 8' water line.
per I ransmittal $46. on the second page the costs of $6.575.00 and $2,160.00 add up to the $8.735.00. but
Mont the deletion of V e 16' bore also be included (a deduct co," of $3.900.00).
t the water is routed along the north side of Hwy 21. the 16' bare will not be required. Is that a correct
tatement? Pease clarify this for me. I believe the cost should be $8,735.00 less 53,900.00. wtuCh is &4.835.00.
7111 . ~
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a Miler taus as the O Vnal Qs J' ll~ Qr t! , S`0
you die not receive all pages. ease call 512 328-9SS t S ~~y • e
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• 0& 31 96 03:27PM LHPI•t-LL. Hiu. 119C,1. N.1/2
CHAPPELL HILL CONSTRUCTION COMPANY
P. O. Box W2
BRMQMK TEXAS 77831-0601 9 4d ~
FAX: OW) 830.1363
(409) 886.7823
TRANSMITTAL LETTER# 140
p~ October 31,1996
Larry'R. Miller, AIA
To:
CROSLIN AND ASSbCIATES, INC.
1114 Lost Creek Blvd., Suite 430
f
Austin, Texas 78746
S
BRhZOS COUNTY JUVENILE JUSTICE CENTER - BRYAN, TEXAS
ECT NO. 0 CHCC JOB 178
,
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,
We auumlt hcm-mth foe your • Infmrm om
'
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Appmal:
i fdec
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correction:
'
Ret~tm:
7• ~
-0mple~ot• Per your Reguest No. -Lai please _ find enclosed a
_ DTOAOSal from Elliott Construction. _Inc. for S11_810''to
l
21
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, an
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way
relocate the water
ne at
(3) additional 8" valves that the Engineer included on the
revised plan. The total, when adding 0 C. Is 5% mark-up
is
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$12,400.
temukc
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CHAPPELL HILL CONSTRUCTION CO.
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^OCT 31 '96 03:2EPM CHAF'F•t.LL HILL ILUn51---•-
P.2/2
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ELLIOTT CONSTRUCTION, INC.
t
- P.O. BOX 4905 BRYAN, TX. 77805
g
OFFICE (409) 690-7071 FAX (409) 690.7152
MOBILE (409) 268-5409
w
TO: CHAPEL HILL CONSTRUCTION DATE: 10/18/96
r
.
ATT: GLENN WEHRING
RE: BRAZOS COUNTY JUVENILE JUSTICE CENTER
ITEM DRESCRIPITION I ' UNIT I QUANTITY I UNIT PRICE (
AMOUNT
1 AFTER REVIEWING REVISED PLANS DATED 2-7.96.
THERE ARE 3 8° VA LVES SHOWN. 2 ON PAGE C2.1 AND 1 ON C2.2.
WE WILL HAVE TO CVr THESE INTO 8' LINE ALREADY INSTALLED.
INSTALL S' VALVE EA 3 $1,033.00
S3.07S.00
2 ON PAGE 2.1-A Or WAFER LINE $8.735.00
$8,73S.00
,
TOTAL
311.810.00
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ELLIOTT CONSTRUCTION, MC.
P.O. BOX 4905 BRYAN. TX. 77805
OFFICE (409) 690-7071 FAX (409) 690.7152
MOBILE (409) 268-5409 •
TO: CHAPEL HILL CONSTRUCTION DATE: 6/5/96
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ATT: GLENN WEHRING
RE: BRAZOS COUNTY JUVENILE JUSTICE CENTER
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i CHAPPELL HILL CONSTRUCTION COMPANY
( P. 0. Box 602
BRENHAM, TEXAS 77834.0602
FAX: (409) 830.1363
(409) 836.7823
Croslin
SEP 161996 TRANSMITTAL LETTER # 114
RECEIVED
Dace: September 12, 1996
I
TO: Larry R. Miller, AIA
CROSLIN AND ASSOCIATES, INC.
1114 Lost Creek Blvd., Suite 430
Austin, Texas 78746
lob•BRAZOS COUNTY JUVENILE JUSTICE CENTER - Bryan, Texas
Project No. 94010 CHCC Job 0178
We traran it herewuh for your • Infomutlon: X - "
Approval: X
•
We at Chappell Hill Construction eo. hereby requests an extension
of time for the following days when no progressive or beneficial
work was performed for the reason listed,
Monday, August 26, 1996 = Rain *
Tueaday, August 27, 1996 - Rain
Thursday, August 29, 1996 - Rain
Friday, August 30, 1996 - Heavy Rain
Please include rain days extension in the next Change Order.
* The rain on Monday followed heavy•rains
(30-3.5") that fell on weekend of August
•24 and 25. r sincerely,
CHAPPELL HILL CONSTRUCTION CO.
cc: Ellis Eastep, Job Supt.
Enclosed: Glenn Wehring
Project Manage
VOL. AD
~ • ~ i.`~_au... r,ue.L` _ ~ •1--- -•ali~.~, Lw.~+.wW::aiWti>L<~..+1.:..~.3.. ~.1"ar - - - .I+~ .J_..a+...l1K. ~..~..r..
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1-j- ~Broolugh Lando
ECCamino mast/?Nest CorrirCos
Lounulw
Leland SeMim Natchitoches
Tommy hhason. Natchitoches
GRORCIAr
Vanon D. Martin. Brunswick
November 27, 1996
Poyrell Brewton. Dothan
Oeorge Alford, Camden
b=isSiPPL• •
Lnry "Butch" Brown, Natchez
Ronnie shows, l tattiesbur&
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Judge Al Jones '
Brazos County
300 East 26th St.
Bryan, Texas 77803
Re: El Camino East/West Corridor
Campaign Fund
Dear Judge Jones:
The El Camino East/West Corridor Commission is requesting a-$500 donation from Cities
and Counties that would benefit from the construction of the U.S. 84 corridor. As you are
aware, the proposed corridor will provide a four-lane eastmest route through the middle
of Louisiana, Mississippi, Alabama, Georgia, and Texas. The route in Texas would join
Louisiana's Highway 6 from Many at Toledo Bend Reservoir where it would become State
Highway 21 to Milam. The route would then take State Highway 103 through Lufkin to its
junction with State Highway 7 and would follow State Highway 7 to Crockett. West of
Crockett, it would become State Highway 21 and go through Bryan to its intersection with
U.S. 290 where it would turn west to Austin. The corridor would remain on US 290 through
Austin to its intersection with Interstate 10 west of Fredericksburg. From that point, it
would follow Interstate 10 to El Paso.
The $500 donation will provide for the preparation, printing, and distribution of brochures
promoting the El Camino East/West Corridor. It would also provide additional advertising
and printing cost of various promotions for the corridor.
A study entitled, "Investigation of the Relationship Between Highway Infrastructure and
Economic Development in Indiana published in 1992, stated that ' The parameter values
for highway infrastructure indicates that mean county employment had and average
increase of 1200 jobs associated with one unit increase in the total highway mileage
density per county. This translates into a mean employment increase of three jobs for the
mean county with an area of 391 miles, over the nine-year period of the study". The study
had many other conclusions which support the economic benefit of improved highway
infrastructure. ^ a ' ' r
P. O. Box $688, NSU Natchitoches, 1A 71497 (318) 357-3226 / (Fax) 357-3224
VOL- /to
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We hope that you will be able to support the proposed El Camino East/West Corridor. We
believe that it will benefit your county or city in the future. If you have any questions
please call me at (409) 633-0293. Please make any checks payable to the "El Camino ,
East/West Corridor Commission' and mail your donations to the following address: i
Louis A. Bronaugh
El Camino EastlWest Corridor
P.O. Drawer 190
Lufkin, Texas 75902-0190
,
Thank you for your support for this important project.
Sincerely, '
,
Louis A. Bronaugh
A
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a..~_..._..rx....i_~..1..,t•sty.ice.-'~S._,.r.J.~.~...w.aa..• - ...1~ d..~•..aal.l~~...~v..1..'u.~.cu..s..J~~.s.~...i....,~+.nwy.~....... ....t.. d.u.a..il...r...-L.sr.r Cw....w•`
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TomM Joharaa, Nowhlmrhs
C=ORGUS
Van= M 1Nanhk B:mswick
1996 11=36 FROM M 914096399843 P.02
EfCamino East/West Corridor
TEXASS
LaL T .4me
Rao work, I.t"
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AL18AMAa
Feweu &ewtoa, DOtm
Omp A164 Cwdm
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L M -Butch- &ovm. Nut=s
Ramie Shows. Ha dubmf
Mr. Louis Brondugh
Mayor, City of Lufkin
P. 0. Box 190
Lufkin, Texas 75902
Dear Mayor Bronaugh:
Attached is the proposed budget for the E1 Camino East/west Corridor
that I promised to send to you. Sorry I am this long getting it to you.
Mayor "Butch" Brown,.Mr.• W. E. "Boots" Hayes, Mary Lynn Wilkerson.
and I worked on this. As you know, "Butch" and "Boots" are members of the
finance committee. and Mary Lynn was Treasurer for the Corridor up until
this year.
Mayor Brown has recently sent $2.500.00 as the first donation to the
Corridor expenses from Mississippi. I will be contacting the Alabama Board
Members as soon as I hear from you on your thoughts about the budget.
The Louisiana Department of Transportation and Development is finishing
the specifications to advertise for a private firm to do the Economic Impact
and Feasibility Study on the Louisiana section of the Corridor in 1997.' We
are making progress across the entire Corridor, so I am still enthusiastic
about the project.
Please advise as as soon as possible if you agree with the budget. If
you feel we need to make changes. please feel free to make them and the group
will be glad to honor your recommendations.
Sincerely,
SC INS
President
Five-State El Camino E/W Corridor
LS: Iv
Attachment '
VOL /40'
n n Tv_. 9000 %TCTT T,A 471AOOT tole% OSq O4gC rV. wR■► onna
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.-1996 1135 FROM TO 914096399843 P.01
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PROPOSED BUDGET FOR 1996-97
for the
FIVE-STATE EL CAMINO EAST/WEST CORRIDOR
Brochures for Publicising the Corridor in all Five States - - - - - - $25,000.00
Video to Show Potential Economic Development Sites,
Industry. Tourism Attractions. Etc. in all Five States - - - - - $15,000.00
Postage $ 2,000.00
Stationary $ 500.00
Travel for Officers or Other Representatives of the Five-
State E1 Camino E/W Corridor to Meet with Government
Officials, Industry Officials. and Other People to
Promote and Secure Funding for the Corridor - - - - - - - - - - $10.000.00
Public Relations with the Governors in the Five States of
Georgia, Alabama. Mississippi, Louisiana, and Texas,
U. S. Senators and U. S. Congressmen Representing the
Corridor, Secretary of Transportation at the Federal
Level, and the Federal Highway Administration in
Washington, D. C., or Within Their States - - - - - - - - - - - $10.000.00
Telephone $ 1,000.00
Total - - - - - - - $63,500.00
VOL
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