HomeMy WebLinkAbout1997-09-02-0900AM-Regular�'
BRAZOS COUNTY
BRYAN. TEXAS
AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
SEPTEMBER 2,1997 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Commissioner Cauley.
2. Pledge of Allegiance - Commissioner Cauley. '
3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens
wishing to address the Court on county- related issues not scheduled on the agenda. Please
limit subject 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, please give your name and
address for the record.)
Consider and take action on agenda items 4 - 20:
4. Budget Amendment 96/97 -39.
5. Request by Sheriffs Office - Jail Administration for reallocation of salary dollars.
6. Personnel Change of Status.
7. Payment of Claims.
8. Request by County Agricultural Extension Agency for out -of -state travel for Ms. Lupe
Landeros to attend the Galaxy Summit Conference, October 11 -16, 1997, in Cincinnati,
Ohio.
9. Proposed procedures for Grants.
10. Tax Abatement Agreement between Brazos County and Universal Computer Systems.
11. Cost estimate for adding the Union Pacific Railroad crossing on Gandy Road. Site is
located in Precinct 1.
12. Blanket Purchase Orders.
13. Requisition from Capital Outlay for a replacement printer for Constable, Pct. 5.
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Commissioners Court Meeting Agenda
September 2, 1997
Page Two
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14. Requisition from D.A. Crime Fund for surveillance viewing equipment for the Narcotics
Trafficking Task Force.
15. Approval to advertise for:
a. Wheel loader for Road & Bridge
b. Track loader for Road & Bridge
c. Backhoe for Road & Bridge
d. Annual Contract for Flexible Base for Road & Bridge
e. Annual Contract for Aggregate for Surface Treatments for Road & Bridge
f. Annual Contract for Asphaltic Concrete Pavement for Road & Bridge
g. Annual Contract for Asphalt, Oil & Emulsion for Road & Bridge
h. Annual Contract for Culverts for Road & Bridge.
16. Request from GTE to place parallel cable installations in the rights -of -way of:
1) Locke Road beginning at its intersection with Zweifel Road for a distance of 2,541
feet, and
2) Bickham Cemetery Road beginning at its intersection with Francis Road for a distance
of 2,520 feet.
Sites are located in Precinct 2.
17. Request by Road & Bridge to enter Myrtle Martin's property located off FM 1179 to
collect donated fill dirt. Site is located in Precinct 3.
18. Acceptance of Warranty Deed from Ruby Lee Jefferson on Jones Road located in Precinct
4.
19. Request from GTE to place a buried cable installation in the right -of -way of Dansby Lane
beginning at its intersection with FM 158 extending for a distance of 908 feet. Site is
located in Precinct 3.
20. The Preliminary Plat of Nantucket Phases 6 & 7, Sterret D. Smith League, A -210, College
Station. Site is located in Precinct 1.
21. Call for citizen input and/or concerns.
22. Announcement of interest items and possible future agenda topics.
23. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request
for sign interpretive services must be made 48 hours before the mating. To make arrangements,
call (409) 361 -4102.
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COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 2, 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, September 2, 1997, with the following members
of the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Wm. S. Thornton, 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 Cauley gave the invocation and led the
pledge of allegiance.
There was no citizen input and /or concerns.
The Court next considered Budget Amendment #96/97 -39.1
through 39.5, which would increase funds budgeted for the
Alternative Dispute Resolution Center, Reserve Fund and
Justice of the Peace Pct. 2; reallocate funds budgeted for the
Agricultural Extension Service and Juvenile Services. On
motion by Commissioner Cauley, seconded by Commissioner Sims,
the Court voted unanimously to approve the budget amendment as
submitted, a copy of which is attached hereto.
The next matter for consideration was a request from the
Sheriff's Office -Jail Administration for reallocation of
salary dollars. In a memo, the Jail Administrator showed how
the reallocation of salary dollars could be done with no
increase to the budget. He noted in his memo that these
changes will allow the Sheriff's Office to eliminate some
discrepancies that have occurred and to reward a few of the
valuable employees that deserve transfers or a salary
increase. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
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Commissioners Court meeting September 2, 1997
the reallocation of salary dollars in the Sheriff's Office -
Jail Administration.
The Court proceeded to consider the change of status of
the following employees
NAME DEPARTMENT REASON
Hamlin, Nolan
SO -Jail
Tran w/i dept
Gallagher, Deanna
Brazos Center
Tran w/i dept
Franklin, Bennie
Brazos Center
Tran w/i dept
Kuder, Julie R
Co. Attorney
Resignation
Gallego, Candy K
Co. Attorney
Promotion
Vavra, Paula
Co. Attorney
Promotion
Diaz, Theresa A
Co. Attorney
New Employee
Rayford, Terry L
Const. Pct. 5
Resignation
Bosley, Glenda K
Const. Pct. 5
New Employee
Endler, Billie J
Co. Clerk Mgm't Fund
New Employee
Mudroch, Abby M
Co. Court at Law 2
Resignation
Woodward, Tanya K
District Clerk
New Employee
Sipes, Melanie A
District Clerk
New Employee
Bowser, Anthony
Road & Bridge
Termination
Perez, Eddie
SO /Jail
New Employee
Davis, Kevin R
SO /Jail
New Employee
Hernandez, Salomon
SO /Jail
New Employee
Carlson, John W
SO /Jail
-Comp Training
Dittfurth, Rhonda
Tax Office
Resignation
The County Judge raised the question concerning the hiring of
Glenda K. Bosley at a Step 2 level. Commissioner Sims moved
to approve the hiring of Ms. Bosley at a Group 5 Step 2 level
with no six (6) month increase. Commissioner Cauley seconded
the motion. Commissioners Jones, Thornton, Sims and Cauley
voting "Aye ". The County Judge voted "No ". The County Judge
then recognized the accomplishments of Mrs. Julie Kuder who is
leaving the County Attorney's office to work for the City of
College Station. Commissioner Sims then questioned the hiring
of Tanya Woodward and Melanie Sipes on a Step 2 level. The
Court then engaged in a lengthy discussion on the policy or
procedure for hiring an employee at a Step 2 level.
Commissioner Sims moved to approve the hiring of Ms. Woodward
and Ms. Sipes at a Group 5 Step 2 level with no six (6) month
increase. The motion was seconded by Commissioner Cauley.
Commissioners Jones, Thornton, Sims and Cauley voted "Aye ".
The County Judge voted "No". On motion by Commissioner Jones,
seconded by Commissioner Thornton, the Court voted unanimously
to approve the remaining requests as submitted.
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Commissioners Court meeting September 2, 1997
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
97- 009727 through 97- 009728
and
97- 009729 through 97- 009966
On motion by Commissioner Cauley, seconded by Commissioner
Jones, the Court voted unanimously to approve Claims 97- 009729
through 97- 009966. On motion by Commissioner Sims, seconded
by Commissioner Cauley, the Court voted unanimously to approve
Claims 97- 009727 through 97- 009728 as submitted.
The next matter for consideration by the Court was a
request submitted by the County Extension Agent requesting
approval for out of state travel for Lupe Landeros. Ms.
Landeros would be traveling to Cincinnati, Ohio to attend a
Galaxy Summit Conference October 11 through the 16, 1997. On
motion by Commissioner Cauley, seconded by Commissioner Sims,
the Court voted unanimously to grant the request from the
County Extension Agent and approved payment of out of state
travel expense for Ms. Lupe Landeros.
The next matter for consideration was the proposed
procedures for grant accounting. On motion by Commissioner
Sims, seconded by Commissioner Cauley, the Court voted unani-
mously to approve the procedures for grant accounting. A copy
of the procedures is attached hereto.
The Court next considered a Tax Abatement Agreement
between Brazos County and Universal Computer Systems. The tax
abatement shall exempt the value of the land, buildings and
the other permanent improvements. Under the conditions of the
abatement the following rates shall be in effect for the
following years:
Year of Abatement
1997 95%
1998 95%
1999 95%
2000 95%
2001 95%
2002 95%
2003 95%
2004 85%
2005 85%
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i Commissioners Court meeting September 2, 1997
2006 85%
On motion by Commissioner Thornton, seconded by Commissioner
Sims, the Court voted unanimously to grant the tax abatement
to Universal Computer Systems for a period of ten (10) years.
r A copy of the Agreement for Development and Tax Abatement in
Reinvestment Zone Number Four for Commercial Tax Abatement,
Brazos County, Texas is attached
The next matter for consideration was the cost estimate
for adding the Union Pacific Railroad crossing on Gandy Road
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in Precinct 1. The County Engineer submitted the cost
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estimate in the amount of $247,619. On motion by Commissioner
Jones, seconded by Commissioner Cauley, the Court voted
unanimously to accept the cost estimate submitted by Union
Pacific Rail Road to install the railroad crossing on Gandy
Road.
The Court proceeded to consider the following blanket
` Purchase Order:
Office Express District Clerk $1,500
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Blanket
Purchase Order as submitted.
The next matter for consideration was a requisition from
Capital Outlay for a replacement printer for Constable,
` Precinct 5. In a memo to the Court, 11 the Director of the
Computer Network Services explained that the Constable had
been having problems with the current printer. It is not
heavy duty enough to handle his citation envelopes. The
Constable computerized the entire process in order to not have
to hand address the envelopes. LaserJet printers capable of
handling the citation envelopes range in price from $726.00 to
$1,007.00. Commissioner Cauley moved to approve the request.
Commissioner Sims seconded the motion. Commissioners Jones,
Thornton, Sims and the County Judge voted "No ". Commissioner
Cauley voted "Aye ". The request was denied.
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Commissioners Court meeting September 2, 1997
The next matter before the Court was a requisition from
the District Attorney Crime Fund for surveillance viewing
equipment for the Narcotics Trafficking Task Force. On motion
by Commissioner Sims, seconded by Commissioner Cauley, the
Court voted unanimously to approve the requisition from the
District Attorney Crime Fund for surveillance viewing
equipment for the Narcotics Trafficking Task Force.
The next matter for consideration was approval for the
Purchasing Agent to advertise for bids for the following
items:
a)
Wheel loader for Road & Bridge
b)
Track loader for Road & Bridge
c)
Backhoe for Road & Bridge
d)
Annual Contract for Flexible Base
for Road & Bridge
e)
Annual Contract for Aggregate for
Surface
Treatments for Road & Bridge
f)
Annual contract for Asphaltic Concrete
Pavement for Road & Bridge
g)
Annual Contract for Asphalt,
Oil &
Emulsion for Road & Bridge
h)
Annual .contract for Culverts for
Road &
Bridge
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to authorize the
Purchasing Agent to advertise for bids for items A through H.
The Court next considered the request from GTE to place
cable installations in the rights -of -way of:
1) Locke Road beginning at its intersection
with Zweifel Road for a distance of 2,541
feet and
2) Bickham Cemetery Road beginning at its
intersection with Francis Road for a
distance of 2,520 feet.
Both sites are located in Precinct 2. The County Engineer
stated that all appeared to be in order and recommended
approval. On motion by Commissioner Thornton, seconded by
Commissioner Jones, the Court voted unanimously to approve the
request from GTE and authorized the installations. A copy of
each the request is attached hereto.
j The Court next considered authorizing work outside of
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county rights -of -way for the health, safety and welfare of the
l general public. The Road and Bridge Department requested
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Commissioners Court meeting September 2, 1997
permission to enter the private property of Myrtle Martin on
FM 1179 in Precinct 3 to collect donated fill dirt. On motion
by Commissioner Sims, seconded by Commissioner Cauley, the
Court voted unanimously to authorize the work.
The Court next considered acceptance of a Warranty Deed
for right -of -way on Jones Road in Precinct 4. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to authorize the County Judge to accept on
behalf of Brazos County a Warranty Deed from Ruby Lee
Jefferson for the expansion and improvements to Jones Road.
The Court next considered the request from GTE to place
a buried cable installation in the right -of -way of Dansby Lane
beginning at its intersection with FM 158 extending for a
distance of 908 feet. The site is located in Precinct 3. The
County Engineer stated that all appeared to be in order and
recommended approval. On motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the request from GTE and authorized the
installation. A copy of the request is attached hereto.
The Court next considered approval of the Preliminary
Plat of Nantucket Subdivision Phases 6 &7 in Precinct 1.
Richard Vance, County Engineer, stated that he had reviewed
the plat and all appeared to be in order. On motion by
Commissioner Jones, seconded by Commissioner Cauley, the Court
voted unanimously to approved the Preliminary Plat, of the
Nantucket Subdivision Phases 6 &7.
There was no citizen input and /or concerns.
The County Judge made the following comments:
1) He stated that the County does not have
and will not have the Salary Study before
the budget for fiscal year 1998 is put
into place. The budget includes a 2.5%
salary increase except for grants,
Auditor, Ag Extension Service, Seasonal
workers, District Judges, County Court at
Law Judges and Court Reporters.
Commissioner Jones asked that $250,000 be
set aside by the Court to implement the
salary study during 1998.
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Commissioners Court meeting September 2, 1997
2) There will be a Public Hearing, Thursday,
September 11, 1997 at 6:00 p.m. in the
85th District Courtroom.
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 September 2, 1997 have been examined and are approved in
open Court this the o� day of ��e�� 19 —21
in Bryan, Brazos County, Texas.
r-j.e- - -5j7-(a0.00'-' ".,
Alvi W. Jones
County Judge
. S. Thorn on
Commissioner, Precinct 2
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Carey, uley, Jr.
Commis oner, Prec n t 4
VO -PAQ
Commis6ior(6r, Precinct 1
Randy S) AS
Commis loner, Precinct 3
Mary'/'j4- Ward
County Clerk
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1996 -1997 BUDGET YEAR
NO. 96/97 -39.1 through 39.5
On this the 2nd day of September 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;
Wm. S. Thornton, 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 September 2, 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 2nd day of September 1997.
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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BUDGET AMENDMENTS _
NO. 96/97 - 39.2
9/2/97 _
FD DIVISION ACCT PROD DR/CR ACCOUNT NAME Increase Decrease
16 470100 Dr Reserve Fund Balance S 2,000.00
16 490280 Cr Tsf.from General Fd. S 2,000.00
O1 910300 Dr Tsf.to Appellate Jud Fd $ 2,000.00
01 470100 Cr Reserve Fund Balance S 2,000.00
Appellate Judicial Fund
To adjust the Reserve Fund Balance which was over estimated for budget purposed; therefore,
additional funds transferred to this account from General Fund are necessary to pay
the required fees accessed by the 2nd Administrative Appeal Court and the 1st and 4th Appeals
Courts
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BUDGET AMENDMENTS _
NO. 96/97 - 39.2
9/2/97 _
FD DIVISION ACCT PROD DR/CR ACCOUNT NAME Increase Decrease
16 470100 Dr Reserve Fund Balance S 2,000.00
16 490280 Cr Tsf.from General Fd. S 2,000.00
O1 910300 Dr Tsf.to Appellate Jud Fd $ 2,000.00
01 470100 Cr Reserve Fund Balance S 2,000.00
Appellate Judicial Fund
To adjust the Reserve Fund Balance which was over estimated for budget purposed; therefore,
additional funds transferred to this account from General Fund are necessary to pay
the required fees accessed by the 2nd Administrative Appeal Court and the 1st and 4th Appeals
Courts
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BUDGET
WFPWRT
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of dic year cnding 9/30/97
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I Dat'`�;Ltl. i' 887/97 Date:• S '�
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BUDGFT AME..NDn1ENTS
NO. 96/97 - 39.4 --
9/2/97
FD
DIVISION
ACCT
PROD
DR /CR
ACCOUNT NAME
Increase
Decrease
01
242001
617400
Dr
Telephone
50000
01
242001
618800
Dr
Uttltttcs
275 00
01
242001
618010
Dr
Travel
300.00
01
1 10015
61 1300
Cr
Contingency
1.075.00
Justice of the Peace 1'ct 2 - To allow for lite increase in telephone expense
for the datalme to connect with CNS Set up cost of $300.00 and
monthly increase for August and September of 5100 00 each
To allow for an increase to utilities Estimate based on cost for
Last three Itmontlls To allow for an increase to travel
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6z0r6d I3y, kdc Approved
8/18/97 — - - - Date:
VOL PAIMEL
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- BUDGET AMENDMENTS
NO. 96/97 - 39.5
9/2/97
FD
DIVISION
ACCT
PROJ
DR /CR
ACCOUNT NAME
Increase
Decrease
01
310001
654500
Dr
Officc Equtp.Marnt
S 15000
01
3!0001
659500
1
Dr
Vchtcle Matnt.
S 80000
01
310001
723800
Dr
Hospital Services
S 1.50000
01
310001
724400
Dr
Lab & X -Ray
S 650 00
01
310001
725400
Dr
Physician Services
$ 4.30000
01
310001
726600
Dr
I'scluatnc Services
S 2.20000
01
310001
726700
Dr
ljtj%,Clllle
Psychological Services
S 27,050 00
01
310001
6(11400
Cr
Janrtortal Supplies
$ 500 00
01
3101x0 1
(411xx)
Cr
Supplte%
S I.l(X) (X)
01
310001
610(100
Cr
Ilonds
$ 700 00
01
310001
61111X)
Cr
Conference & Seminar
S 2,5001X)
01
310001
612400
Cr
Drug Terming
S 4.1(X) 00
01
311())1
61471X0
(-r
I'rescnpuum
S 1(X) 00
01
31000 1
721570
Cr
Counseling Service%
S 15.010 00
01
310001
802030
Cr
Computer Ilardware
S 22.8(X) 00
01
110015
611300
Cr
Crnnutgemy
S 9 R50 00
Juvenile Services
ro realltx.atc lute item budgets to allow for eapcnduure expeuauons through the year ending
Sept 30. 1997
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BRAZOS COUNTY, TEXAS
ACCOUNTING PROCEDURES MANUAL
GRANTS
Procedure Number G -101
Date: September 2, 1997
Authorized By: County Judge
County Auditor
PURPOSE
This procedure prescribes the controls and accounting procedures to be followed for all grant
requests by departments in Brazos County. This procedure applies equally to grants for local,
State and Federal funding.
PROCEDURES
1. Request to Apply for a Grant
A. All grant applications are to be filed with the County Judge, to be placed on the
Commissioners' Court agenda. A copy of the application will be forwarded to the
Auditor's Office for review.
B. The Auditor's Office will review the application for fiscal constraints and develop
internal control and accounting procedures to meet the specific needs of the grant.
An bud a constraints that ma be laced on the Count will be developed and
y gam' y p y
Commissioners' Court advised at this time.
C. The Elected Official or Department Head making application will be contacted if
questions arise concerning the grant.
D. Once the grant application is approved by Commissioners' Court, the County Judge
will sign on behalf of the County. The grantors' representative will sign for the
granting agency. A copy of the fully executed grant agreement will be forwarded to
the County Auditor's Office.
E. The Elected Official or Department Head, having received approval for a grant, must
ensure that the Auditor's Office is supplied with the correct name, address, telephone
and fax numbers for the submission of requests for funds.
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ACCOUNTING PROCEDURES MANUAL,
GRANTS
II. Commodities
A. Departments that receive commodities are required to report receipt of commodities
to the County Auditor's Office.
B. Tile County is required to record the value of commodities received. The receiving
Department is to report the following to the County Auditor's Office:
1. Complete listing of the commodities received (receiving report),
2. Prices of the commodities received, and
3. Name and phone number for a contact person at the agency granting the
commodities, if the first two items are not available.
III. Requests for Funds
A. All requests for grant funding will be transmitted through the County Auditor's
Office.
B. The County Auditor's Office will review the request for propriety and accuracy and
promptly submit the request to the proper funding agency. At the time of submission,
a receivable will be created, thereby matching revenues and expenditures in the
prope.- periods.
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AGREEMENT FOR DEVELOPMENT AND TAX
ABATEMENT IN REINVESTMENT ZONE NUMBER FOUR FOR
COMMERCIAL TAX ABATEMENT, BRAZOS COUNTY, TEXAS
THE STATE OF TEXAS )
COUNTY OF BRAZOS )
This Agreement entered into by and between BRAZOS COUNTY, Texas, acting
herein by and through its duly elected Commissioners Court (hereinafter referred to as
"COUNTY "), and UNIVERSAL COMPUTER SERVICES, INC., DEALER
COMPUTER SERVICES INC., formerly known as FORD DEALER COMPUTER
SERVICES, INC., RENTAL SYSTEMS INC., and UNIVERSAL COMPUTER
SYSTEMS, INC., all of the aforementioned being Delaware Corporations (hereinafter
collectively referred to as OWNER) acting herein by and through their respective duly
authorized agents;
WITNESSETH:
WHEREAS, the City of College Station, Texas, by Ordinance No. 22 51
established Reinvestment Zone Number 4 for Commercial Tax Abatement, in the City of
College Station, Texas ( "ZONE ") as authorized by Article 1066f, V,T.C.S., as amended,
and V.T.C.A., Tax Code §312.201, on the 11- f day of Ata, Cy" S1' , 1997; ad F
WHEREAS, in order to provide for the proper development of such property and { `
to aid in the conduct of the operation thereof to the best interest of the COUNTY in
accordance with the above - referenced ordinances and statutes, the parties do mutually t
agree as follows:
1. The property that is the subject matter of this Agreement is the land area
identified by the shaded area on Exhibit "A ", attached hereto and incorporated herein for
all purposes, and also referred to as Lot 1, Block 6, of the Business Center at College
1
Station, Phase Two by plat filed in the Official Records of Brazos County on July 22,
1997, under Clerk's file stamp number 634523, which plat is incorporated herein by
reference as if expressly set out in full, which tract is hereinafter referred to as
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"PROPERTY" and together with all fixtures and permanent improvements shall be
referred to as the "PREMISES ".
2. In consideration of OWNER's construction of approximately TWENTY
MILLION DOLLARS AND NO CENTS ($20,000,000.00) of real and personal property
improvements to be used in the maintenance of computer hardware and software products
and creation of jobs as represented herein and subject to the terms and conditions
contained herein the above - described PREMISES shall be entitled to an exemption from
taxation for the increase in value for said PREMISES as provided for in Section 13 of this
Agreement for a period of ten (10) years, and that upon the expiration of such time this
tax abatement Agreement shall terminate. OWNER acknowledges and agrees that the
purpose of COUNTY in entering into this Tax Abatement Agreement is to encourage
development of the property in Reinvestment Zone No. 4 and therefore, OWNER agrees
to limit the use of the PREMISES and property to further said purpose.
3. OWNER agrees that the site plan, interior and exterior design drawings,
specifications and materials ( "PLANS ") for each improvement will be submitted to
COUNTY, and /or its designated representative, for its approval, which PLANS are
incorporated herein for all purposes. An official set of PLANS will be designated by the
OWNER and kept on file with the COUNTY.
4. OWNER agrees to construct all improvements in accordance with all
applicable laws, ordinances, codes, rules, requirements or regulations of the City of
College Station, Brazos County, the State of Texas, and the United States, and any
subdivision, agency or authority thereof in effect at the time of development.
5. In the event PREMISES are damaged by fire or any other casualty, if
OWNER shall pursue diligent repair of such damages in order to complete the repair.
remodel or renovation of PREMISES in accordance with the PLANS or revised PLANS,
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AGREEMENT FOR DEVELOPMENT AND TAX AR47E ENT
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then the exemption from taxation as provided for in this Agreement shall only cease during
the time that the PREMISES are being repaired, remodeled, or renovated; and when
PREMISES are restored to their prior condition, the exemption from taxation shall
commence for the full term of the exemption. Should OWNER decide not to repair,
remodel, or renovate the damaged PREMISES, then the exemption from taxation as
provided for in this Agreement shall cease, the PREMISES will be taxed at full market
value, and OWNER, shall repay to COUNTY the amount of the tax previously abated in
prior years.
6. COUNTY, by approving the PLANS or any revised PLANS, assumes no
liability or responsibility therefor for any defect in any structure constructed, renovated,
or repaired from the PLANS or approved revised PLANS. The relationship between
COUNTY and OWNER at all times shall not be deemed a partnership or joint venture
for purposes of this Agreement.
OWNER agrees to and shall indemnify and hold harmless and defend COUNTY,
its officers, agents, and employees from and against any and all claims, losses, damages,
causes of action, suits, and liability of every kind, including all reasonable expenses of
litigation, court costs, and reasonable attorney's fees, for injury to or death of any person,
for damage to any property, for any breach of contract, or its failure to abide by all
applicable environmental laws, rules and regulations arising out of or in connection with
OWNER's operation and construction of its Business Facility. Furthermore, the
indemnity provided for in this paragraph shall have no application to any claim, loss,
damage, cause of action, suit, and liability where the injury, death, or damage results from
the negligence of the COUNTY, and the COUNTY's percentage of fault is deemed to be
equal to or greater than 50% (fifty per cent) of the fault.
AGPEEfFM' FOR DEVELOPMENT AAD rAX ARAYEWE VP 3
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7. At all reasonable times during the construction of PREMISES, and
following its completion, COUNTY and its respective designees may inspect PREMISES
in order to ensure that all construction. workmanship, materials and installations involved
in or incident to the project are performed in substantial compliance with the approved
PLANS therefor and that the PREMISES comply with all of the conditions and the
applicable building permits and governmental regulations.
8. OWNER agrees to pay all ad valorem taxes and assessments that may be
owed to COUNTY or any other taxing entity by it prior to such taxes and/or assessments
becoming delinquent; provided, that OWNER shall have the right to contest in good faith
the validity or application of any such tax or assessment and shall not be considered in
default hereunder so long aIs such contest is diligently pursued to completion. In the event
OWNER does contest any such tax or assessment, it shall, nevertheless, promptly pay to
COUNTY or any other tasting entity prior to its becoming delinquent, taxes and
assessments. If OWNER undertakes any such contest, it shall so notify COUNTY and
keep COUNTY apprised of the status of such contest. Should OWNER be unsuccemful
in such contest, OWNER shall promptly pay the taxes, penalties, and /or interest, resulting
therefrom. This Agreement shall not take effect until such time as OWNER has paid all
such taxes.
9. OWNER represents and agrees to the following employment and payroll
projections:
End of year Full Time Payroll Part Time Payroll GEgss Payroll
1997 55 $1,375,000 200 $1,144,000 $2,519,000
1998 85 $2,125,000 220 $1,258,400 $3,383,400
1999 200 $5,000,000 300 $1,872,000 $6,872,000
2000 250 $6,250,000 375 $2,340,000 $8,590,000
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AGREEMENT FOR DBVELOPMENr AND TAX ASAMENT S -
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2001 300 $7,500,000 425 $2,652,000 $10,152,000
2002 350 $8,750,000 450 $2,808,000 $11,558,000
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2003 thru 2006 same as 2002.
The above payroll numbers are annualized, based on the last payroll date in the
month of December each year. The "last payroll date in the month of December" shall
mean, for purposes of this paragraph, the last payroll distribution in the month of
December. For example, if the regular payroll is distributed to the employees on a weekly
basis, every Wednesday, the last payroll distribution for 1997 will be on Wednesday,
December 31, 1997, for 1998, Wednesday, December 30, 1998, etc.
Full Time Employees shall mean any employee (excluding temporary or seasonal
employees) on the payroll in a budgeted position and having an officially scheduled work
week of 40 hours or more.
Part Time Employees shall mean any employee (excluding temporary or seasonal
employees) on the payroll in a budgeted position and having an officially scheduled work
week of less than 40 hours.
10. OWNER agrees to construct and operate a business facility on the Property
consisting of buildings, improvements, machinery, equipment, and vehicles, out of which
it will operate and conduct its business, (herein "Business Facility"), during the term of
this Agreement. OWNER agrees to invest TWENTY MILLION DOLLARS AND NO ,
CENTS ($20,000,000.00) for Property improvements associated with the operation of its
Business Facility on the Property on or before December 31, 1999.
11. Submission of Reports and/or inspection and auditing
The parties herein agree that the COUNTY shall have the right annually to an
onsite inspection of the Premises to verify that OWNER is in substantial compliance with ! ;
the terms of this agreement and any other agreement executed by the parties herein.
AGREEMENT FOR DBVELOPMENr AND TAX ASAMENT S -
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COUNTY agrees to provide reasonable notice beforehand of any such request for
inspection. Additionally, OWNER shall submit to the COUNTY and/or the Bryan/College
Station Economic Development Corporation, on an annual basis, the information or reports
necessary for the monitoring of the performance criterion established in this Agreement.
The submission shall be certified by a Certified Public Accountant or in -house accountant
and the President of the OWNER, or his designee, at OWNER'S expense.
12. Default
12.1. Capital Investment Default
As of December 31, 1999, if OWNER has failed to meet the capital
investment projections as stated in Paragraph 10 above, the COUNTY may,
at COUNTY's sole option, require OWNER to repay all the taxes abated
herein to date on a prorated basis. The proration formula shall be a
percentage based on the actual capital investment amount relative to the
Capital Investment Projection times the amount of Tax Abatement received
to date.
Capital Investment Projection Amount: $20,000,000
Actual Capital Investment Amount Expended $15,000,000
$20,000,000 - $15,000,000 = $5,000.000
$5,000,000 divided by $20,000,000 = .25
.25 x 100 = 25%
25 %* x total taxes abated to date = amount of repayment
Additionally, if, as of December 31, 1999, OWNER has failed to construct the
Business Facility, COUNTY may, at COUNTY's sole option, terminate this
Agreement.
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AGREEMEIVT FOR DEVELOPMENT AND TAX ASAMWENr
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12.2. Gross Payroll Default
If at the end of any calendar year during the term of this Agreement,
OWNER fails to meet the total Gross Payroll set forth in Paragraph 9
above, OWNER shall be in default. COUNTY shall notify OWNER in
writing of its default, and OWNER shall have (30) days after receipt of
such written notice, to cure any default. If OWNER fails to cure its
default, the COUNTY may, at COUNTY's sole option require OWNER
to repay the current year's Tax Abatement on a prorated basis. The
proration formula for this Section shall be the percentage premised upon the
actual Gross Payroll relative to the Target Gross Payroll times the amount
of Tax Abatement received during the current year.
For Example:
Gross Payroll Target: $10,000,000
Actual Gross Payroll: $9,000,000
$10,000,000 - $9,000,000 = $1,000,000
$1,000,000 divided by $10,000,000 = .10 x 100 = 10%
10% x total Taxes Abated for current year = amount of repayment
12.3. Cessation of Operations
In the event that OWNER ceases operating at the Business Facility within
ten (10) years from the Execution Date of this Agreement, OWNER shall
be in default. COUNTY agrees to provide OWNER written notice of its
default. If said default is not cured within thirty (30) working days from
the date written notice is received from COUNTY regarding its default, the
COUNTY may, at COUNTY's sole option, terminate Tax Abatement to
OWNER after the date of this default.
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12.4. Payment of Taxes After Default
Should the OWNER be required to pay the COUNTY the taxes that would
have been paid to COUNTY had the taxes not been abated under the terms
of this Agreement, it shall pay such recaptured taxes plus interest at the rate
provided for delinquent taxes in accordance with V.T.C.A., Tax Code,
Section 33.01. Such payment of taxes and interest shall be due within thirty
(30) days of COUNTY's termination of this Agreement and notification to
OWNER of the termination of this Agreement and of the amount of taxes
and interest due. The taxes and interest are delinquent and incur penalties
as provided by law for ad valorem taxes imposed by COUNTY if not paid
before February 1 of the year following the date on which the termination
of this Agreement occurs.
If OWNER believes that such recapture is improper, OWNER may
file suit in the Brazos County district courts appealing such termination
within sixty (60) days after the written notice of the termination by the
COUNTY. If an appeal suit is filed, OWNER shall remit to the COUNTY,
within such sixty (60) days after the notice of termination, any additional
and/or recaptured taxes as may be payable during the pendency of the
litigation pursuant to the payment provisions of Section 42.08, Texas Tax
Code. If the final determination of the appeal increases OWNER's tax
liability above the amount of tax paid, OWNER shall remit the additional
tax to the COUNTY pursuant to Section 42.42, Texas Tax Code. If the
final determination of the appeal decreases OWNER's tax liability, the
COUNTY shall refund the OWNER the difference between the amount of
tax paid and the amount of tax for which OWNER is liable pursuant to
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Section 42.43, Texas Tax Code. COUNTY's exercise of any recapture of
abatement or portion thereof as provided in this agreement or the economic
development agreement attached as Exhibit B shall not constitute a default
by COUNTY.
13. OWNER shall certify in writing to COUNTY that all construction of the
improvements to the PREMISES have been completed in accordance with the approved
plans. After receipt of this certification, COUNTY shall make a final inspection of
PREMISES to verify whether PREMISES have been constructed in compliance with this
Agreement; and that upon so finding, COUNTY shall issue a Certificate of Compliance.
The tax exemption provided for by this Agreement shall exempt the value of the
land, buildings and the other permanent improvements. Taxes on personalty shall also be
abated but only on those items of personalty described on a schedule of property to be
furnished to the COUNTY no later that December 31 of each year of this Agreement, and
approved as eligible for abatement pursuant to the Texas Tax Code. This tax abatement
shall apply to the value of the PREMISES and personalty over and above the certified
value of the Property for the 1997 tax year. Such abatement shall be effective for the
following years and in the following percentages under the terms, conditions and
limitation provided herein:
YEAR % OF ABATEMENT
1997 95%
1998 95%
1999 95%
2000 95%
2001 95%
2002 95%
2003 95%
2004 85%
2005 85%
2006 85%
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The Chief Appraiser of the Brazos County Appraisal District shall annually
determine (i) the taxable value of the real and personal property comprising the
PREMISES taking into consideration the abatement provided by this Agreement, and (ii)
the full taxable value without abatement of the real and personal property comprising the
PREMISES. The Chief Appraiser shall record both the abated taxable value and the full
taxable value in the records. The full taxable value figure listed in the appraisal records
shall be used to compute the amount of abated taxes that are required to be recaptured and
paid in the event this Agreement is terminated in a manner that results in recapture. Each
year the OWNER shall furnish the Chief Appraiser with such information outlined in
Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of
this Agreement. The taxable value of the Property for the 1997 tax year is ($614,940.00)
Six Hundred Fourteen Thousand Nine Hundred Forty and No /100 Dollars subject to
adjustment pursuant to the final certification of value by the Brazos County Appraisal
District to be issued on or before August 15, 1997.
14. Miscellaneous.
a. Attorney's Fees. If on account of any breach or default by OWNER
of its obligations under the terms, conditions, or covenants of this Agreement, it shall be
necessary for COUNTY to employ an attorney or attorneys to enforce or defend any of
the rights or remedies hereunder; and should COUNTY prevail, COUNTY shall be
entitled to any reasonable attorney's fees, costs, or expenses incurred by it in connection
therewith.
r b. ,Severability. If any provision of this Agreement is held to be illegal,
' invalid, or unenforceable under the present or future laws effective while this Agreement
t ,
fis in effect, such provision shall be automatically deleted from this Agreement and the
i ( legality, validity and enforceability of the remaining provisions of this Agreement shall not
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be affected thereby; and in lieu of such deleted provision, there shall be added
automatically as part of this Agreement a provision that is similar in terms and substance
to such deleted provision as may be possible and yet be legal, valid and enforceable.
C. Texas Law To Aoaly. This Agreement shall be construed under and
in accordance with the laws of the State of Texas and all obligations of the parties created
hereunder are performable in Brazos County, Texas. In the event of litigation, jurisdiction
shall lie in Brazos County, Texas.
d. Prior Agreements Superseded. This Agreement constitutes the sole
and only Agreement of the parties hereto and supersedes any prior understandings or
written or oral agreements between the parties respecting the within subject matter.
e. Amendments. No amendment, modification or alteration of the
terms hereof shall be binding unless the same shall be in writing, dated subsequent to the
date hereof and duly executed by the parties hereto.
f. Rights and Remedies Cumulative. The rights and remedies provided
by this Agreement are cumulative and the use of any one right or remedy by either party
shall not preclude or waive its rights to use any or al', of their remedies. Said rights and
remedies are given in addition to any other rights the parties may have according to law,
statute, ordinance or otherwise.
g. No Waiver. No waiver by COUNTY in any event of default, or
breach of any covenant, condition or stipulation herein contained shall be treated as a
waiver of any subsequent default or breach of the same or any other covenant, condition
or stipulation hereof.
h. Assignment. This Agreement may not be assigned by any OWNER
either collectively or individually without the prior written consent of the COUNTY.
Additionally, a change in ownership in a single transaction, of 51 % of the stock of any
-11-
AGR6EVFM FM DEMMOPMENT AAD rAX ARATMENP
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one OWNER, or the transfer of ownership of any one OWNER , shall be considered an
assignment for purposes of this paragraph. An assignment as prohibited above shall cause
this agreement to terminate immediately and the exemption from taxation as provided for
herein shall cease. Such assignment shall, however, not be considered a violation of this
Agreement as to require the recapture of any taxes previously abated herein.
i. Authority to Act. The parties to this Agreement shall provide proof
of authorization to execute this document.
The parties hereto have executed or caused to be executed by their duly authorized
officials, this Agreement in multiple counterparts, each of equal dignity, on this �, a
c
da y of 1997. sf meE�
UNIVERSAL COMPUTER SYSTEMS, INC. BRAZOS COUNTY, TEXAS
BY: a - 7- Q)"r- s� BY: -., ��+✓
Robert — ockman, President JUDG ALVIN NNVJONES
County Judge
UNIVERSAL COMPUTER SERVICES, INC ATTEST:
BY: R ?'• kkw,' m _
f Robert T. Brockman, President MARY ANN WARD
County Clerk
DEALER COMPUTER SERVICES, INC
BY: %� • T- c�CM�AN�
,
Robert T. Brockman, rest enter
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RENTAL SYSTEMS, INC
BY: 2 . "'
Robert T. Brockmad, Presift nt
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on this they, day of August,
1997, by ROBERT T. BROCKMAN, President of Universal Computer Systems, Inc., a
Delaware Corporation, on behalf of said corporation.
Notary Public, State of exas
Printed Name: _S x.11,' /,7,,,4
My commission expires: y - / ) 99
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on this the day of August,
1997, by ROBERT T. BROCKMAN, President of Universal Computer Services, Inc., a
Delaware Corporation, on behalf of said corporation.
Notiry Public, State of Texas
Printed Name: 'S n /,. _5
My commission expires: 'V-17-11
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on this the asrc day of August,
1997, by ROBERT T. BROCKMAN, President of Dealer Computer Services, Inc., a
Delaware Corporation, on behalf of said corporation.
VRGy Public, State of exas
Printed Name: S h.•//.Jew ad
My commission expires: V-17- g Q
AGREEME Nr FOR DEMMOPMEIYr Alm TAY ARA7FMWff
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THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this the 2,g� day of August,
1997, by ROBERT T. BROCKMAN, President of Rental Systems, Inc. a Delaware
Corporation, on behalf of said corporation.
Public, Sias of Texas
Printed Name:
My commission expires: y - / 7- 19
THE STATE OF TEXAS §
COUNTY OF BRAZOS § i
This instrument was acknowledged before me on this the 2cL day of Auge
1997, by JUDGE ALVIN W. JONES, County Judge of Brazos County, Texas.
O ATRIZ D. GREEN
NO "
* � TARY PUBLIC
State of Texas Notky Pu , S e o as
Comm Exp 06 -11.98 Printed Name:
My commission expires:
97- 3016:PEM /ds
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: 9/02/97
ITEM: Rgguest from GTE to place parallel cable installations in the rights -of -way of
Locke Road beginning at its intersection with Zweifel Road for a distance of 2,541
feet and 2) Bickham Cemetery Road beginning at intersection with Francis Road for a
distance of 2,520 feet. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
I. PRESENTATION:
A) No work will be permitted botween front slope and/or back slope.
B) Tho lino shall be Installod 1) within 3 -5' of and parallol to the dghtof -way
lino and/or 2) In the case of a road bore, porpondicular to the right-of-way
line.
C) If clearing of brush, trees and other obstruction Is necessary, it shall be
the Applicant's responsibility to do so and to remove all cleared brush, trees
etc. from County right -of -way.
D) Ditch line stall be compacted to 80% standard density ASTM Test
Method No. D -698; test shall be conducted by an Independent Gootechnical
testing firm; copies of all test results shad be fumishod to the office of the
Brazos County Engineer.
E) Construction stall be In strict conformance to the latest Texas Manual of
Uniform Tratrc Control Devices for Streets and Highways, published by the
Texas Department of Transportation, and all other State and Federal laws
governing futility constructlon.
II. ACTION REQUESTED OR ALTERNATIVES:
MMED BY: APPROVED BY:
Richard F. Vance, P.E. Commissioner illiam S. Thornton
County Engineer Precinct 2
CC97 -130
Approved In Commissioners' Court
Date;,
Alvin W. JihisXounty Judge
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August 15, 1997
®
GTE Telephone
Operations
301 Industrial Blvd.
Bryan, TX 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
Enclosed are Form EO -135 and work location sketch showing the
location of our proposed buried cable line on County Roads in
Brazos County at Tabor, Texas.
1
This work is to be completed on Work Order 5435 - 9P706GR #005
which is scheduled for December 1997. If you have any questions
concerning this work. please contact Alan Colley at our office in
Bryan. telephone 409- 821 -4715 within 15 days so that we may
explain or modify our proposal, otherwise. it is understood that
this proposal is approved-
Sincerely,
t Alan Colley
Senior Designer - Access Design
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GENERAL TELEPHONE NOTICE OF COMMUNICATION
COMPANY LINE INSTALLATION
August 15, 1997
TO THE COMMISSIONEA'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 a County Road in
Brazos County, Texas as follows:
From the intersection of Locke Rd. and Zweifel Rd.
proceeding northeast within and along the northwest
R.O.W. of Lock Rd_ for a distance of 2541 ft. cable
to be within 7 ft of R.O.W_ Also from the intersection
Of Bickham Cemetary Rd. And Francis Rd - proceeding
northwest within and along the northwest R_O.W. of
Bickham Cemetary Rd. for a distance of 2520 ft. within
7' of R.O.W.
The location and discription 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
ganted by law or may be grantd in the future and any provision or
provisions so construed be null and void.
Construction of this line will begin on or after December 1,
1997.
GENERAL TEL PHONE COMPANY 5435- 9P706GR 6005
Alan Colley
Senior Designer - Access Design
301 Industrial Blvd.
Bryan, Texas 77803
VOL- :SAGE, � �.
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: 9/02197
ITEM: Reauest permission to enter Myrtle Martin's property located off FM 1179
Owner gave Brazos County approximately 1000 cy of fill dirt and in return County
agrees to dump approximately 40 cy of material near her home which is under
construction. Signed permission form on file. Site is located in Precinctf. 3
SOURCE OF FUNDS: N/A
I. NOTES /EXCEPTIONS:
II.- ACTION REQUESTED OR ALTERNATIVES:
SUB I ED BY: APP ED
Grp'
Richard F. Vance, P.E. Commissi er Randy Sims
County Engineer Precinc
CC97 -131
Approved In Commissioners' Court
Date: - 9-2-2Z-
- (-I/— -, - --�# C-X— —
Alvin W. Jones. d6unty Judge
VOL JPAGIL sva
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
Alvin W. Jonas
Count' Judos
Tony Jonn O F 6
Commissioner Pet 1
W3W m & Thondon O
Commissioner Pet Q
�'
Colsssio
Commissioner P h Cf snioGt�
Gray Csuley
Commissioner Pet 4
Dante Ig Z
I. LAND OWNER AND ADDRESS A�I.c�.�- _.�rl�(,c/
0
II. LOCATION OF WORK E M
III. DESCRIPTION OF WORK TO BE DONE Qc QXX GAd_ eov,.►ry
6�P��ox leoo c,� o% F,c.c. D„er T,✓ ,gr.rr j e-0 . 4%
A'G A s 7-0 F70 MP f*-*t POR•n X 40 C� Or- j%AAiTh-. A E't-4- �U2
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hL+OMG_ W *1c.H IS t.1,4.J/) Z or-onJsrsuc- )c^j,
IV. MAINTENANCE YES NO
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
Owner will be notified prior to maintenance)
f Richard F. Vance, P.E. Engineer Aide/Foreman
County Engineer
I,
OWNER'S SIGNATURE / d DATE
VOL
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: 9/02197
ITEM: Request from GTE to place a buried cable installation in the right -of -way of
Dansby Lane beginning at its intersection with FM 158 extending for a distance of 908
feet. Site is located in Precinct 3.
SOURCE OF FUNDS: N/A
I. PRESENTATION:
A) No work will be permitted between front slope and/or bads slope.
B) The line shall be Installed 1) within 3 -5' of and parallel to the right-of-way
line and/or 2) In the case of a road bore, perpendicular to the right-of-way
line.
C) If doaring of brush, trees and other obstruction Is n000ssary, it shall be
the Applicant's responsibility to do so and to remove all cleared brush, Was
etc. from County right-of -way.
D) Ditch line shall be compacted to 9095 standard density ASTM -Test
Mothod No. D-698; lost shall be conducted by an Independent Geotechnical
testing firm; ooplos of all test results shall be furnished to the offioe of the
Brazos County Engineer.
E) Construction shall be In strict oonforrnanoe 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
goveming utility constructlon.
11. ACTION REQUESTED OR ALTERNATIVES:
SU I ED BY: APPR BY•
Richard F. Vance, P.E. Commissio r Randy Sims
County Engineer Precinct 3
CC97 -133
Approved In Commissioners' Court
Date•
` Alvin W. Jones, ,County Judge
VOL /I �3
® Telephone
Operations
301 Industrial Blvd.
Bryan, TX 77803
August 21, 1997 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
Enclosed are Form ED -135 and work location sketch showing the
location of our proposed buried cable line on County Roads in
Brazos County at Bryan, Texas.
This work is to be completed on Work Order 5413 - 4PO01BO which
is scheduled for September 19, 1997. If you have any questions
concerning this work, please contact Charles Allen at our office
in Bryan, telephone 409 - 821 -4761 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 Designer - Access Design
AHC:egc
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GENERAL TELEPHONE
COMPANY
L
NOTICE OF COMMUNICATION
LINE INSTALLATION
TO THE COMMISSIONERS COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that GTE will construct a
communication line withing the right -of -way of a County Road in
Brazos County, Texas as follows:
Starting at the intersection of FM 158 and Dansby Lane
a buried cable will be placed 4' in the north R.O.W. of
Dansby Lane extending east for a distance of 9081, at a
depth of 30 ".
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, fanchise,
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 shall be null and void.
1997. Construction of this line will begin on or after August 19,
GENERAL TELEPHONE COMPANY 5413 - 4P001BQ
,& z
Alan Colley
Senior Designer - Access Design
301 Industrial Blvd.
Bryan, Texas 77803
VOL
i
8
GENERAL TELEPHONE
COMPANY
L
NOTICE OF COMMUNICATION
LINE INSTALLATION
TO THE COMMISSIONERS COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that GTE will construct a
communication line withing the right -of -way of a County Road in
Brazos County, Texas as follows:
Starting at the intersection of FM 158 and Dansby Lane
a buried cable will be placed 4' in the north R.O.W. of
Dansby Lane extending east for a distance of 9081, at a
depth of 30 ".
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, fanchise,
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 shall be null and void.
1997. Construction of this line will begin on or after August 19,
GENERAL TELEPHONE COMPANY 5413 - 4P001BQ
,& z
Alan Colley
Senior Designer - Access Design
301 Industrial Blvd.
Bryan, Texas 77803
VOL
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