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HomeMy WebLinkAbout1997-10-28-0900AM-RegularBRAZOS COUNTY BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS COURT sM 97 MT 214 AN 7: 56 A(a'y .4. . , N. CLERK BRAZOS ca r; r CU8THOUSE RYAN. IE fAS 0 PUT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, OCTOBER 28,1997 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 Sims. 2. Pledge of Allegiance - Commissioner Sims. 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 record is made of the meeting; therefore, please give your name and address for the record.) Consider and take action on agenda items 4 - 23: 4. Budget Amendment 96/97 -44. 5. Budget Amendment 97/98 -2. 6. Personnel Action Forms. 7. Payment of Claims. 8. Rescinding of previous Tax Abatement Agreement with Universal Computer Systems, Inc. 9. Approval of revised Tax Abatement Agreement with Universal Computer Systems, Inc. 10. Acceptance of proposal by Texas Engineering Experiment Station (TEES) for energy study. 11. Resolution relative to the issuance of credit cards to be used by County employees.. 12. Waiver of County Judge's signature on requisitions that have previously been exempted from competitive bids for electric power, natural gas, water, or other utility services. 13. Authorization for payment by District Clerk's office of earned interest. 14. Blanket purchase orders. 15. Requisition from Capital Projects Fund: a. Computer hardware (server) for Juvenile Justice Center. VDIL._..L ._ PAU& . /SS i is Commissioners Court Meeting Agenda October 28, 1997 Page Two 16. Requisitions from General Fund: a. Chairs for Justice of the Peace, Precinct 4. b. Light bar and accessories for Constable, Precinct 5. c. Installation of light bar for Constable, Precinct 5. 17. Interlocal agreement for joint auction to be held December 6, 1997. 18. Request by Computer Network Services for out -of -state travel by programmer to travel to Nashville, Tennessee for System Z training. 19. Appointment of voting precinct judges and alternate judges for the November 4, 1997 election. 20. Permission for Road & Bridge to enter Broken Arrow Ranch property located off Rabbit Lane for the purpose of hauling hay bales to be used for erosion control on county roads and rights -of -way. Site is located in Precinct 2. 21. Permission for Road & Bridge to enter LeBon Agnello's property located off Bird Pond Road for the purpose of repairing eroded area along Carter Creek bank to prevent water from flowing across pasture and causing further damage to Bird Pond Road. Site is located in Precinct 3. 22. Permission for Road & Bridge to enter Robert Armstrong's property located off Old Highway 6 for the purpose of correcting drainage to prevent water from damaging driveway. Site is located in Precinct 1. 23. Acceptance of Wickson Creek Special Utility District's cost estimate of $2,000.00 to relocate approximately 800 feet of 4 inch PVC water line on Don Murphy's property for improvements to Elmo Weedon Road. Site is located in Precinct 3. 24. Acknowledge receipt of monthly reports from department heads and elected officials. 25. Call for citizer. input and/or concerns. 26. Announcement of interest items and possible future agenda topics. 27. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements, call (409) 361 -4102. VOL /...pAC�kc 0 COMMISSIONERS' COURT REGULAR MEETING OCTOBER 28, 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, October 28, 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 Sims 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 -44.1 through 44.12, which represented the final budget amendments necessary for fiscal year 96 -97. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court next considered Budget Amendment 1197/98 -2.1 through 2.2, which would reallocate funds budgeted for the office of Justice of the Peace Precinct 4 and Constable Precinct 5. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. • • • Commissioners Court meeting October 28, 1997 The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON McDonald, N.A. JP 7 -1 New Emp P/T Garcia, Juan H. Road & Bridge Resignation Young, George D. SO /Jail Retirement McCarroll, Sean SO /Jail Tran to Admin Losack, J. D., Jr. SO /Jail Tran to Admin Houston, Sharon A SO /Jail Sal Increase Pledger, Tiffany Tax Office Resignation Castilleja, C. Tax Office L/T in Dept Richardson, C.R. Tax Office PT /FT Sackman, Tonia A. Tax Office L/T in Dept Mendez, Amy Janell Tax Office New Employee On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 98- 000176 through 98- 000373 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the Claims as submitted. The Court next considered rescinding the action taken by Commissioners Court on September 2, 1997 which approved a Tax Abatement Agreement with Universal Computer Systems, Inc. This action is necessitated due the company moving the proposed building site to another tract of land. The City of College Station voted to authorize Universal Computer Systems, Inc. to move to a new location and Tax Abatement Agreement at the new site. On motion by the County Judge, seconded by Commissioner Thornton, the Court voted unanimously to rescind the Courts action approving the Tax Abatement Agreement with Universal Computer Systems, Inc. in Reinvestment Zone Number 4 in the City of College Station. The Court then went on to consider approval of the revised Tax Abatement Agreement with Universal Computer Systems, Inc.. Robert Worley, representative of the Economic Development Corporation, described the project. Mr. Demetrios Basdekas commended Mr. Worley on his success in bringing voL—LA..PA(3E- Me L is I Commissioners Court meeting October 28, 1997 industry into the community. On motion by the County Judge, seconded by Commissioner Thornton, the Court voted unanimously to approve the revised Tax Abatement Agreement with Universal Computer Systems, Inc. in Reinvestment Zone Number 6. This I . agreement merely revises the location of the proposed building site. All other provisions remain as previously approved. A copy of the Agreement is attached hereto. The next matter for consideration was acceptance of a proposal by the Texas Engineering Experiment Station (TEES) for the development and installation of energy monitoring systems in three (3) facilities, the Brazos County Courthouse, the Courthouse Annex, and the Brazos Center. Also for the monitoring of the energy and dollar savings from the facility upgrade program. Total cost to the County will be $14,993.00. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to accept the proposal by the Texas Engineering Experiment Station (TEES) for the development and installation of energy monitoring systems. A copy of the proposal is attached hereto. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to table a Resolution Approving Brazos County to Enter into an Arrangement with Norwest Card Service a Division of Norwest Bank for the Issuance of Mastercard Business Cards. The next matter before the Court was a waiver of the County Judge's signature on requisitions that have previously been exempted from competitive bids for electric power, natural gas, water or other utility services. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to waive the County Judge's signature on requisitions that have previously been exempted from competitive bids for utility services. 1 1 Commissioners Court meeting October 28, 1997 industry into the community. On motion by the County Judge, seconded by Commissioner Thornton, the Court voted unanimously to approve the revised Tax Abatement Agreement with Universal Computer Systems, Inc. in Reinvestment Zone Number 6. This I . agreement merely revises the location of the proposed building site. All other provisions remain as previously approved. A copy of the Agreement is attached hereto. The next matter for consideration was acceptance of a proposal by the Texas Engineering Experiment Station (TEES) for the development and installation of energy monitoring systems in three (3) facilities, the Brazos County Courthouse, the Courthouse Annex, and the Brazos Center. Also for the monitoring of the energy and dollar savings from the facility upgrade program. Total cost to the County will be $14,993.00. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to accept the proposal by the Texas Engineering Experiment Station (TEES) for the development and installation of energy monitoring systems. A copy of the proposal is attached hereto. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to table a Resolution Approving Brazos County to Enter into an Arrangement with Norwest Card Service a Division of Norwest Bank for the Issuance of Mastercard Business Cards. The next matter before the Court was a waiver of the County Judge's signature on requisitions that have previously been exempted from competitive bids for electric power, natural gas, water or other utility services. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to waive the County Judge's signature on requisitions that have previously been exempted from competitive bids for utility services. • • • Commissioners Court meeting October 28, 1997 The Court next considered authorization for payment of earned interest by the District Clerk's office. In a memo, the District Clerk informed the Court that in a court order signed by Judge John Delaney in Cause No. 36,489-272, Karli vs Baker, $20,000 was to be invested in an interest bearing account. This was not done in a timely manner. He then asked the Court to authorize the payment of $2,800 to Thomas Kris Karli. This being the interest the account would have accrued from July 1, 1993 through February 1, 1996 when it was invested in an interest bearing account. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the payment of earned interest in the amount of $2,800 to Thomas Kris Karli. The Court proceeded to consider the following blanket Purchase Orders: Americlean Jail $ 800 Longhorn Tavern Jury Services $ 500 Jason's Deli Jury Services $ 500 Office Express District Clerk $2,500 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered approval of a requisition from Capital Expenditures for the following purchase: a) Computer hardware (server) for Juvenile Justice Center $4,247.00 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the requisition to be paid from Capital Expenditures. The Court next considered approval of requisitions from the General Fund for the following purchases: a) Chairs for Justice of the Peace, Pct. 4 $1,037.50 b) Light Bar and accessories for Constable, Pct. 5 $973.75 c) Installation of light bar for Constable, Precinct 5 $325.00 VUi- /'L- L 'AUt ,L. Commissioners Court meeting October 28, 1997 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the requisitions to be paid from Capital Expenditures. The County Judge commented that he did not like the idea of Constables being involved in day to day traffic and law enforcement. The Court next considered approval of an Interlocal Agreement between the City of Bryan, City of College Station, the County of Brazos, Bryan Independent School District, the County of Burleson and Snook Independent School District to hold a joint auction on December 6, 1997. This is in accordance with the Interlocal Cooperation Act, V.T.C.A. Government Code Chapter 791 that allows governments to enter into joint contracts and agreements for the performance of governmental functions and services. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously'to approve the Interlocal Agreement between the City of Bryan, City of College Station, the County of Brazos, Bryan Independent School District, the County of Burleson and Snook Independent School District to hold a joint auction December 6, 1997. This is a vehicle only auction and will be held at the Bryan Municipal Service Center. A copy of the Agreement is attached hereto. The next matter for consideration by the Court was a request submitted by the manager of the Computer and Network Services Department requesting approval for out of state travel for Tony Kutiper. Mr. Kutiper would be traveling to Nashville, Tennessee to attend System "Z" training. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the manager of the Computer and Network Services Department and approved payment of out of state travel expense for Mr. Tony Kutiper. On motion by Commissioner Cauley, seconded by Commis- sioner Sims, the Court voted unanimously to appoint the following persons as presiding judge and alternate judge for the current voting year at the following voting precincts: i VOL a ZVI • c ;d 1 a z • r k • Commissioners Court meeting October 28, 1997 Pct # Election Judge 17 Terri Miller 20 21 Harvey Montgomery 30ABC /78 35 Vic Dittfurth 36 Frances Munsey 61 Ruby Rosier Alternate Judge Elizabeth Cunha Georgianna Bigam Arthur Davila Lillian Boyd Jimmy Nuche Rose Patranella Sigel Rosier The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Broken Arrow Ranch on Rabbit Lane in Precinct 2 to pick up hay bales for use in erosion control. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of LeBon Agnello on Bird Pond Road in Precinct 3 to repair an eroded area along the Carter Creek bank to prevent water from flowing across the pasture and causing further damage to Bird Pond Road. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Robert Armstong on Old Highway 6 in Precinct 1 to correct drainage to prevent water from damaging a driveway. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to authorize the work. The next matter before the Court was acceptance of Wickson Creek Special Utility District's cost estimate of $2,000 to relocate approximately 890 feet of 4 inch PVC water line on Robert Murphy's property for improvements to Elmo VOL - _ .PAGE, %$ .. W Commissioners Court meeting October 28, 1997 i Weedon Road 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 cost estimate from Wickson Creek Special Utility District and authorized the j payment of $2,000.00. A copy of the estimate is attached hereto. The Court acknowledged receipt of the Extension Service reports for September 1997 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 4 Place 2 Justice of the Peace Precinct 5 Justice of the Peace Precinct 7 Pl 1 Justice of the Peace Precinct 7 P1 2 Justice of the Peace Precinct 2 Justice of the Peace Precinct 1 Justice of the Peace Precinct 3 Constable Precinct 4 Constable Precinct 5 Constable Precinct 7 County Attorney Sheriff Brazos County Events Facilities Tax Assessor /Collector Road & Bridge A copy of the Officials' reports can be viewed in the County Auditor's office. There was no citizen input and /or concerns. The County Judge made the following comments: 1) The archery club has expressed an interest in using County property. He will have the Sheriff's office look at the area. 2) The School Absence Program material has been submitted by Isaac Butler, Constable Precinct 5. There being no further business to come before the Court, the meeting was adjourned. VOL-IL _ PAGE , /AjO 1: • C7 3 • The foregoing minutes of the Commissioners Court meeting held October 28, 1997 have been examined and are approved in open Court this the 02 day of ���- .r Asp _ 19� IT in Bryan, Brazos County, Texas. ItZ AlvifrW. ones County Judge S. Thornton Commissioner, Precinct 2 Carey Cauley, Jr. Commissioner, Precinct 4 Tony Jo es Commis ioi�r, Precinct 1 zz�z Randy ms Commi ioner, Precinct 3 Mary AM Ward County Clerk V0L L..PaGZ, IZ72ft . rw 0 u BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1996 -1997 BUDGET YEAR NO. 96/97 -44.1 through 44.12 On this the 28th of October 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 October 28, 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 28th 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 PAUP, I DI" 11 7W Ulm Q WT ,kVM M m 0), Tal M MUM li a, A k, Vvj I �mm WUXI:= 'Court Cost = 1:"IM . • of �M170:070IMMKITIOM ��[Officc Maintenance F-TI-1-11 M, MUMIUM �.Gasolinc County Attorney ,before Bra7os County Grand Jury) this year. PrCpared BY: 11 AppirovW Date:--.",--l.' % e 10/15/97 Date: 29i -lk 0 0 0 BUDGET AMENDMENTS NO. %/97 - 44_.2 - -- - -' 10/28/97 FD DIVISION ACCT PROJ DR /CR ACCOUNT NAME Increase Decrease 01 100020 512000 DR Salary - Dept. Heads $ 23.00 01 110001 516100 DR Hourly - Staff S 151.00 01 200100 516100 DR Hourly - Staff S 1,165.00 01 220001 516100 DR Dourly - Staff $ 528.00 01 221001 516100 DR Hourly - Staff 1,121.00 01 242001 516100 DR llourly - Staff 820.00 01 305001 516150 DR Hourly - Law Enforcement 495.00 01 110015 611300 CR Contingency $ 4,303.00 Various Mpartments - Wages accounts- Due to end of year accruals for pay period ending 10 -3 -97 and vacation and compensatory time. Rprove$ 7.7 VOL f •• r ♦ 1 1 � f 1 , •1 R �d BUDGET I 1 %/97 1 1' ACCOUNTNAME 1 '111 . 11 �' • • 'll 11 •111 . • 11 Vehicle Maintenance District Attorney funds - To move department '!for an uncxpcctcd increase in court costs. �-- 7 . ",. - < _ s � ... ..� .. a....�.,_.., .ra.rSw.il.u't`rA+:.t..a s k•.t'.Lr.�;;_tiy.�� � .�, _... y�v .. . _ , 1 r r i 0 0 0 AMENDMENTS. % 10/28/97 ACCOUNT NAME if 111 • • 11 ��[Subscriptioms • :•1 1 111 .1 1 Visiting Judgcs 11 11 111 1 • Elctronic 1 11 11 • 11 -_ 1 11 M��185th District Court To rcvcrsc budgct anicndmcnt %/97 40.5 and to allow for _ • • r • r • • • __ 1 ■ �'+'1 •1 jApproym t LU t Z if VUL 17V. WA i. m rrr r r rrr� rr VUL 17V. WA i. m u 0 0 BUDGET ANIENDMENIS % 1 ® MM 11 '-3M ACCOUNT NAME MRRTrM 1 1 11 • ••11 r MEM50, 15 ■ 11 • 11 -1 ��[Contingency -- 11 liCourt • Jury Services - To move funds • • w 4- .YAGE,.Z� r i cp A.F A cp 0 0 BUDGET 1 %/97 10/28/97 i 1 ' `I� •111 . 11 �' Prescriptions mm 11 1 •111 1 O• patiem Services almmoll—olrom 111 O •. �11 11 1 •111 11 �' • 1 111 11 •111 •11 6' 111 11 1 III I Foo 1 I mol . 11 �Confingcncy KLINE 1 111 11 Indigent Health Care - provide for increase In expenditures I_ -PAGE r . i VUL /�,-JPAGE. 7f _ _ 1 . .. --- __'_.. _. .�,.�_o._..I_. �1 ,.. ",.. _.x •+ w. .:....irn•'.�.+:a...u,d:d..yiL. �J.'k.�.:..�i��t•... . tli ., .. _.. '' .Y•••� -L•: .... .� . - - w 1 1 II VUL /�,-JPAGE. 7f _ _ 1 . .. --- __'_.. _. .�,.�_o._..I_. �1 ,.. ",.. _.x •+ w. .:....irn•'.�.+:a...u,d:d..yiL. �J.'k.�.:..�i��t•... . tli ., .. _.. '' .Y•••� -L•: .... .� . - - w 1 1 0 0 3 a BUDGET 10/28197 1 MAXIM MUM13 MIRWM�__ ACCOUNT NAME i I 1 i 1 1 • 11 C• 11 `� 1 11 • 11 • ■ 1 1 1 1 1 1- 1 1 1 1 ' r t i i a 1 t 1 `1 F ;S it i I 1 i 1 � `_` - -- -- BUDGET AMENDMENTS NO. %/97 - 44.10 - - - -•• -- -- - -. __ ..... _. _ _.. - - -- 10/28/97 - - .. _ --- _- --r- -- • - -•- -- • - -- .. _ I'D DIVISION ACCT PROJ DR /CR ACCOUNT NAME Increase Decrease 01 110005 725900 DR Insurance $ 12,000.00 01 110005 614000 DR Professional Fees - Other $ 12,000.00 Attorneys Fees - To move funds to allow for an increase in expenditures Court Appointed Attorneys - To move funds to allow for an increase in expenditures �ppro' v��By:• Y3- i?�atc: • a ....V ....1v/Y1 /97, � .ttc �ri�i��a ' • •, �.� +t, F:. r . JA- VOL JPAG k x � g0 J• ' • __ x.. .t : w... ..ivr,.L:4t.._ iP+�,,. ...,..La �i :....wit•.:�w.��.•. 4•►.'_4 �., •..-. i2. '.,1. 3 a yA 7 n -- t 01 0 BUDGET AMENDMENTS NO. 96/97 - 44.11 10/28/97 J F'I) DIVISION ACCT PROJ DR /CR ACCOUNT' NAME Increase Decrease 45 630005 913000 Dr Transfer to Gcncral Fd $ 880.00 45 450500 Cr Interest - Investment $ 880.00 01 490150 Cr Transfer fm Perm Imp $ 880.00 Ol 450500 Dr Interest - lnvcstmcnt $ 880.00 Permanent Improvement F'd and Gcneral Fund To increase the intcrfund transfer accounts to adjust for the increased investment interest earned within the Permanent Improvement fund. i Aa L Q��•♦♦���}�yt�y�{1 �• '• r OIIf•./.S ( ��lY•JJ'�if !•��I,:w �1 '` i•i�`f r;'• VOL r / r� BUDGET AMENDMENTS N0.96/97 -44.12 -- - -- - - - 10/28/97— -- FD DIVISION ACCT PROD DR /CR ACCOUNT NAME Increase Decrease 01 470100 Dr Reserve Fund Balance $ 545,753.00 01 110015 611300 Cr Contingency $ 545,753.00 General Fund To adjust the funds set aside in contingency from reserve fund balances for the year ending September 30, 1997. VOL I - i • BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1997 -1998 BUDGET YEAR NO. 97/98 -2.1 through 2.2 On this the 28th day of October 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 October 28, 1997 the Court heard and approved a budget amendment for the 1997 -1998 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 23, 1997 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 28th day of October 1997. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: LJ! Alvin W. Jones, County Judge 4 Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS NO. 97/98 - 2.1 10/21/97 ACCOUNT NAME WHO Rift loffice Supplies MMERMUrAW Justice of fleace Precinct 4 pq .Tr—. ZAN . a *I 01 01 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS ® ® ®® ACCOUNT 1 'Vehicle Maintenance NINE= iiai m / / / • • -� �C �� E f BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS ® ® ®® ACCOUNT 1 'Vehicle Maintenance NINE= iiai m / / / • • -� �C �� AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT IN REINVESTMENT ZONE NUMBER SIX 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. 2273, established Reinvestment Zone Number Six (6) 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; and 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 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 Lots One (1) and Two (2), Block Two (2), of the Business Center at College Station, Phase One by plat filed in the Official Records of Brazos County on January 31, 1997, under Clerk's file stamp number 622399, which plat is incorporated herein by reference as if expressly set out in full, which tract is hereinafter referred to as k r] • "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. 6 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, 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 2 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 attorneys 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. 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, materidls 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. 3 0 a x i W ti • • • 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 as such contest is diligently pursued to completion. In the event OWNER does contest any such tax or assessment, it shall, nevertheless, promptly pay to COUNTY or any other taxing 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 unsuccessful 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 Gross 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 2001 300 $7,500,000 425 $2,652,000 $10,152,000 2002 350 $8,750,000 450 $2,808,000 $11,558,000 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. 4 .a . 1 t �l i� L 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. 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 S 1 i i .w 7 N • • Ir� u 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. 1212. 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 6 � r r l f l;I 6I .A r .- S1,000,000 divided by S10,000,000 -.10 x 100 s 10% 101/6 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. 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 7 e l� u • • 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 Section 42.43, Texas Tax Code. COUNTY's exercise of any recapture of abatement or portion thereof as provided in this agreement 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 than December 31 of each year of this Agreement, and approved and 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 limitations provided herein: 8 SAGE, '92 . V ' v YEAR % OF ABATEMENT 1997 95% 1998 95% 1999 95% 2000 95% 2001 95% 2002 95% 2003 95% 2004 85% 2005 85% 2006 85% 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 Three Hundred Nincty -eight Thousand One Hundred Seventy and No /100 Dollars ($398,170.00) 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. 9 PAGEL i 9 E • • • 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 is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby; and in lieu of such deleted provision, there shall be added automatically as part of this Agreement a provision that is similar in terms and substance to such deleted provision as may be possible and yet be legal, valid and enforceable. C. Texas Law To Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created hereunder arc 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 ono right or remedy by either party shall not preclude or waive its rights to use any or all 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. 10 I 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 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 .28 r" day of October, 1997. UNIVERSAL COMPUTER SYSTEMS, INC. BY: %% a F1 14 P53 T AMA XW tt CARLaN A+. COOA-R., r-c' - PAFS'0rvr UNIVERSAL COMPUTER SERVICES, INC BY: f t 4 C,vetad M. &,,Ale, y�ci••P�trsroE,ur DEALER COMPUTER SERVICES, INC BY: -Az" /1,1,1110 4r- CARLAN M. dvo&A, ✓ CE- 10431""r 11 BRAZOS COUNTY, TEXAS BY: JUDGE AI W. ONES County Judge ATTEST: MARY AKN WARD County Clerk VOL /1--""._.PAG E, I'% 1 r-� RENTAL SYSTEMS, INC BY. 1_Z'24! / ' ent 0 APLOA. 44. CeIvP 'k, P" fICfS.O! -vf THE STATE OF TEXAS COUNTY OF HARRIS § C�AKLk'`�r`•Cc+c /C12 ✓.cC• /fcSlOi�•f �ti this instrument was acknowledged before me on this the :U day of October, 1997, by of Universal Computer Systems, Inc., a Delaware Corporation, on behalf of said corporation. FRANK L MURPHY tJ wv Pubic. State of Texas M� Commission Expires Not Public, State of Texas *' oECEMBER 31.2000 Printed Name: 4_ L My commission expires: 2-001 • THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this the ,:�L day of October, 1997, b of Universal Computer Services, Inc., a Delaware Corporation, on behalf of said corporation. FRANK L MURPHY Notary Public, State of Texas Pubic. State d Texas t�lotary Printed Name: � � "• Myy Comm ion Expres DECEMBER 31. 2000 My commission expires: jp p / • 12 VO L PAGL ... y 771x. . 6 � 1 T[ I STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on this the 3/ day of October, 1997, by of Dealer Computer Services, Inc., a Delaware Corporation, on behalf of said corporation. CARL%V n. 0eV/`e; -X, %(, cc Rcn,oewr tug f/ _ —7 FRANK L MURPHY otary Public, State of Texas ' 4 Notary Pubic State of Texas rinted Name: le L ,1 My Comm ss" Expires commission expires: `2 DECEMBER 31, 1^000 Y P THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on this the 3/ day of October, 1997, by of Rental Systems, Inc. a Delaware Corporation, on behalf of said corporation. ONLU M. orefl<re, r,c� i��ti.as..•r 4'7';.4a =�'. z2lko; Notary Public, States f Texas FRANK L MURPHY Printed Name: /'" N G ��j✓ f. Notary Pubic State of Texas M commission expires: M Comm-ssion Expires y / OOv DECEMBER 31, 2000 THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the -� f `4day of October, 1997, by JUDGE ALVIN W. JONES, County Judge of.Bta;os County, Texas. JANE MOORS No Public, State of Texas MCO � sak a 1.16_ ted Name: f fy, le fX C , , 6 •j � CaarNtslon t:�YM Ot•1�01 My commission expires: / - /1' - e9 / 97.3016 PEWds 13 v o L P Aut .me'... "10— THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL 0 0 A - O BUSINESS CENTER AT COLLEGE STATION SE CORNER OF GATEWAY BLVD. & HWY. 6 S. IL IA--00' A" mm. City of CoUege Station, Texas LOCATION MAP �A • TEXAS ENERGY ENGINEERING SERVICES NC. October 9, 1997 Judge Al Jones County Jude, Brazos County, Texas 300 East 26 Street Suite 114 Bryan, Texas 77803 Dear Judge Jones: Enclosed is the proposal from the Texas Engineering Experiment Station (TEES) Energy Systems Laboratory for monitoring the energy and dollar savings from the facility upgrade program the county is undertaking. This is the proposal we discussed with Dr. Namir Saman at our last meeting. It meets the guidelines established for the program and is covered in the program budget which the county has approved. We recommend that the county accept this proposal as presented. If the county approves the proposal, please forward a letter of acceptance to Mr. Brett Henry at the address on the proposal cover letter with a copy to me. TEES will prepare a contract for your approval. Thank you for your attention to this matter. If you have any questions please call me at 512 - 328 -2533. Sincerely, Ernie Moore Texas Energy Engineering Services, Inc. I Cc: Dr. Namir Semen ESL C" Bob Henry, P.E. TEESI Saloom Khan, TEESI -, - 1301 C mm Or Taw Mm~v 505 O*AcN AvEwe Sure 8.127 CAwAL Vrtw CENm COLLEGE STAMN Ausm TExAs 78746 TEXAS 77840 Pmow (512) 928.2533 PNONE:(409) 268 -0714 FAX: (512) 328 -2544 E-mw Tns+Ousmcom FAX (409) 260 -3059 NrrnJhvww rEEss.cor Ll • Texas Engineering Experiment Station • The Texas A&M University System . College Station, Texas 77643-3408.40WS45.1264 . FAX 4091945.9643 IEEN Research Services September 18, 1997 Brazos County, Texas 300 E. 26th Street, Suite 114 Bryan, TX 77801 ATTN: Al Jones, County Judge RE: TEES Proposa; #98 -025 Title: Verification of Retrofit Energy Saving for Brazos County Enclosed are the original and one copy of the referenced proposal. This proposal is being submitted by Dr. Jeff Haberl of our Architectural Technology Division and Dr. Namir Saman of our Energy Systems Lab.. If you have any technical questions regarding this project, please contact Dr. Haberl at (409) 845- 1264 or by e- mailing jhaberl @loanstar.tamu.edu. Administrative and budgetary questions may be directed . to me at (409) 845 -1264 or by e- mailing bhenry@tamu.edu. For contract negotiations contact: Beth Manning, Contract Administrator Texas Engineering Experiment Station Office of Sponsored Research 332 Wisenbaker Engineering Research Center College Station, TX 77843 -3000 Phone: (409) 862 -1696 Fax: (409) 862 -1698 E -mail: bmanning @tamu.edu Sincerely, Brett Henry Proposal Administrator /jam cc: file J. Haberl /AR D. Greer for W. D. Turner /ES N. Saman /ES R. Parker for J.M. Gribou /AR(Arch) M. Lenford for R.A. Ulrich/AR .v 0 VERIFICATION OF RETROFIT ENERGY SAVINGS AT THE BRAZOS COUNTY September 1997 Legal Name and Mailing Address of Proposer: Texas Enaineerine Experiment Station Texas ARM University System 332 Weisenbaker Engineering Research Center College Station, Texas 77843 -3000 Technical Contact Person: Dr. Namir Saman, P.E. 053 WERC BUILDING, MS 3581 College Station, Texas 77843.3581 Official TITLE: Assistant Research Engineer, Energy Systems Laboratory Telephone: (409) 862.2775 { Administrative Contact Person: Mr. Brett Henry, Proposal Administrator Telephone: (409) 845.1264 { 1 Authorized Signature• Namefride: Carol J. Cantrell. Assistant ce Chancellor 324 WERC College Station, Texas 77843 -3124 Telephone: (409) 862 -1696 ----\ • u • Brazos County Proposal -1997, p.l VERIFICATION OF RETROFIT ENERGY SAVINGS AT THE BRAZOS COUNTY EXECUTIVE SUMMARY The Energy Systems Laboratory (ESL) of the Texas Engineering Experiment Station, submits this proposal to the Brazos County to design, develop and install Energy Monitoring Systems in three facilities, the Brazos County Courthouse, the Courthouse Annex, and the Brazos Center. The ESL will be responsible for specifying the necessary monitoring equipment, purchasing, installing the monitoring equipment with assistance from Bravos County maintenance personnel, acquiring, archiving, analyzing and reporting the data collected. 1. STATI?MENT OF WORK BETWEEN THE BRAZOS COUNTY AND ENERGY SYSTEMS LABORATORY OF TEXAS A &M UNIVERSITY SYSTEM I.I. Proposed work The work will involve performing the following tasks in three Brazos County facilities over the next two years. TASK A: Provide metering plan (see sample in Appendix B), install and maintain monitoring equipment. An electrician from the Brazos County will be needed to help the ESL team. Task A 1. Determine the types of retrofits being performed and developing a metering plan which will be as lorry -cost as possible while simultaneously providing the Brazos County with a satisfactory evaluation of retrofit performance. Based on the type of retrofits and the budget allocated for monitoring and data analysis we will monitor the following channels: The Courthouse (site #11): Whole building electricity, motor control center, chillers I and 2, and the cooling tower. The Brazos Center (site #12): Whole- building electricity and lighting. The Courthouse Annex (site #i3): Whole- building electricity. Task A2. Install monitoring equipment. Energy Systcros Laboratory Texas AKM University System Tcxas Engineering Experiment Station College station, Texa% VOL PAM,401 Brazos County Proposal -1997, p.2 Task A3. Maintain equipment which involves periodic inspections as well as immediate rectification in case of failure (which is easily detected from our Task B activity). TASK B: Automatic weekly downloading of hourly monitored data via telephone lines, inspection of data for data quality and abnormal energy use patterns, and providing quarterly reports. Task B 1. Automatic downloading of data each week. Task B2. Weekly data inspection for quality, equipment failure and abnormal energy use. Task 133. Quarterly reporting to the Brazos County which typically involves various graphs of data, any observations regarding abnormal energy use patterns and a summary of how much energy savings have resulted from the retrofit using the baseline developed in Task C (see sample in Appendix Q. TASK C: Baseline modeling of energy use prior to retrofit initiation and retrofit savings. Task C1. Develop the appropriate baseline models of energy use for electricity and other relevant sub - groups. Task C2. Once the retrofits are complete, calculate quarterly retrofit savings. 1.2. Schedule (Assuming that monitoring equipment is installed at least 4 months before retrofits arc implemented, i.e., by month 6). .,.__.L. I-- - - - - -- RETROFITS ------------ - - - - -I 1.3. Budget The fixed price budget for this project will be $14,993 (see Appendix A for details). The Brazos County agrees to install and maintain one phone line per logger and provide an electrician to install sensors in high voltage cabinets. 1.4. Deliverables • Site notebooks describing the equipment installed at the three sites. Energy Systems Laboratory Texas Engineering Experiment Stwuun Tcxa% A &M Unrvcraly SyMen) College St.wnn.'Iexa% VDL,_. /� ..PAQE a..A °t/ t r' n d I ) 1_`\ m■■ooaaoa0000aoa000000000 ®■■00000aooaoa00000000000 m■■oa000aaoaoa00000a00000 m■■a0000000�i■ ■■■■■■■■■■s■ I-- - - - - -- RETROFITS ------------ - - - - -I 1.3. Budget The fixed price budget for this project will be $14,993 (see Appendix A for details). The Brazos County agrees to install and maintain one phone line per logger and provide an electrician to install sensors in high voltage cabinets. 1.4. Deliverables • Site notebooks describing the equipment installed at the three sites. Energy Systems Laboratory Texas Engineering Experiment Stwuun Tcxa% A &M Unrvcraly SyMen) College St.wnn.'Iexa% VDL,_. /� ..PAQE a..A °t/ t r' n d I ) 1_`\ i • Brazos County Proposal -1997, p.3 • Quarterly energy savings reports (see sample in Appendix C). • All data collected will be forwarded to the Brazos County at the end of the two year period. • The Brazos County will retain ownership of the monitoring equipment at the end of the two year period. • Special purpose software for polling, archiving and analyzing the data can also be provided for an additional fee. 2.0 THE ENERGY SYSTEMS LABORATORY The Energy Systems Laboratory (ESL) of the Texas Engineering Experiment Station, is pleased to submit this proposal to the Brazos County (BC) to design, develop and install Energy Monitoring Systems at three Brazos County buildings. The ESL will be responsible for purchasing and installing the monitoring equipment, acquiring, archiving, analyzing, and reporting the data collected. The Texas Engineering Experiment Station (TEES) is an agency of the state of Texas and is a part of the Texas A &M University System. TEES is the principal contracting agency for the College of Engineering at Texas A &M and conducts more than $50 million of research annually. TEES has been in existence for more than 75 years. The • TEES Headquarters are in College Station, Texas. The Energy Systems Laboratory (ESL) is the division of TEES that conducts research in HVAC, energy conservation, and energy management. ESL faculty and staff have extensive experience in developing metering plans, selecting sensors and logging systems, calibrating sensors, remotely ' retrieving data, verifying and validating data, archiving the data in a relational data base, modeling, reporting, and analyzing data. The ESL is the primary metering and monitoring analysis contractor for the Texas LoanSTAR and the TAMU building retrofit programs, which has been able to provide its clients with monthly savings reports based on hourly measurements of building performance parameters. ESL engineers have developed the site metering for over 370 buildings in the LoanSTAR and TAMU programs, have maintained the sensors and loggers in the field, and have calibrated the sensors and weather stations at the Energy Systems Laboratory. Over 60 faculty, full - time staff, and graduate students are currently employed through the Energy Systems Laboratory. LoanSTAR is being considered as a model for federal building conservation programs. 3.0 PROJECT STAFF RESUMES See resumes of personnel in Appendix D. Jeffrey S. Haberl, Ph.D., P.E. Dr. Jeffrey S. Haberl, P.E., is an Associate Professor, Department of Architecture and an Associate Director at the Energy Systems Laboratory • Energy Systems Laboratory Texac A &M University Systent Texas Engineering Experiment Station College Station. Tcxae It 4 k 1 It 4 k Brazos County Proposal -1997, p.4 at Texas A &M University. Dr. Haberl's experience includes post - doctoral research at Princeton University's Center for Energy and Environmental Studies and 17 years (over $17 million) of building energy research at Texas A &M University, Princeton University, the University of Colorado, Rockwell International, the Colorado State Office of Energy Conservation, the City of Boulder, and work performed for the USDOE, USEPA, LBNL, Sandier, ORNL, USACERL. He is the Principal Investigator for the data quality control group (Task C) of the Texas LoanSTAR project. His pioneering work has emphasized statistical building energy modeling, methods for diagnosing operational problems, operator feedback using comparisons of predicted and actual energy use, artificial intelligence, advanced energy usage graphics, prescreening calculations for improving commercial energy audits and the development of innovative solar energy measurement and display methods. Dr. Haberl has authored or co- authored over 100 publication%, 70 reports, holds U.S. patent No. 4,490,876 (an in situ wood stove cleaning device), and has numerous patent disclosures. He is Handbook chairman of ASHRAE TC 1.5 (Computer Applications), and a corresponding member of TC 1.7 (Operations and Maintenance), TC 4.7 Sub - committee chairman on Inverse Algorithms, and TC 1.8 (Owning and Operating) and is a contributor to the ASHRAE Handbook Chapters #49 and #60. He is a member of the ASIIRAE SPEC 140P (Method of test for simulation programs), ASIIRAE GPI 141' - (Guideline for Measurement of Energy Savings from Conservation Retrofits), and has authored section 4 of the USDOE's North American Energy Monitoring and Verification Protocols (NEMVP). lie has also received a Boulder County Energy Conservation Award, 2 USDOE innovative research awards for work performed at the University of Colorado, a USDOE special citation for his work at the Forestall and Germantown complexes, a 1990 GSA Design Award, a 1992 National Endowment of the Arts Federal Design Award for his work at the Forestall building, and a 1995 Best Paper Award from the Solar Energy Division of the ASME. Dr. Haberl will be to charge of energy use monitoring, data collection, and data analysis. Namir Sarnan, Ph.D., P.E., C.E.M., Assistant Research Engineer, Energy System Laboratory, Texas A &M University. Dr. Saman has extensive experience in commercial, industrial and residential energy auditing and HVAC system design and analysis. He has more than seven years experience working with HVAC and energy management consulting engineering firms in Texas and Arizona. Dr. Saman has also extensive experience in energy conservation analysis, evaluation of Energy Cost Reduction Measure~ (ECRMs), energy and HVAC system simulation, and design. He also has experience in DOE -2 simulation, chilled/hot water system simulations, and data analysis and reporting. Dr. Saman will be the project manager. John Bryant, Ph.D., P.E., Assistant Research Engincer, Energy Systems Laboratory. Texas A &M University. Dr. Bryant is the Manager of metering and calibration facility with the ESL. He is responsible for the development and implementation of calibration techniques and procedures for instrumentation used in the metering program. Dr. Bryant al%o has extensive experience in field diagnostics and repair of malfunctioning monitoring equipment, HVAC systems design and analysts, Facility Control and Encrgy Symms Laboratory Tcxax Enginccnng Gxperomcni SLduun Texa% A &At Umvermly Sy %lcm CAIL -gi• S1.itnm It ,.I, VOL--&= pAGE 40 6 0 Brazos County Proposal -1997, p.5 Management Systems, HVAC controls, and computer applications. Dr. Brayant will be in charge of the installation and maintenance of the energy monitoring equipment. r� • Ron Chambers, Data Quality Control Manager, Energy Systems Laboratory, Texas A &M University. Mr. Chambers has over seven years experience in commercial and academic computer systems positions including a Master of Computer Science. As data Quality Control Manager for the Energy Systems Laboratory, Ron Chambers has experience designing and developing a relational database using INFORMIX to store 2,000 channels of building monitoring data from 450 buildings. He has managed the data acquisition, storage, and processing of the LoanSTAR monitoring data. Mr. Chambers will be in charge of data polling and reporting. Kelly Milligan, Research Technician, Energy Systems Laboratory, Texas A &M University. Mr. Milligan has extensive experience in installing and verifying operation of data acquisition systems, providing technical support for laboratory based calibration facilities, and field maintenance of energy monitoring equipment. Mr. Miligan worked with the City of Bryan for six years before joining the ESL. He was in charge of installing, programming, and maintaining electro- mechanical and solid state traffic control devices. Mr. Milligan will be in charge of installing and maintaining the energy monitoring equipment. Energy Systems latmratory Texas Engineering Experiment Station Texati A &M Unlvcnuy Syslem College S1.1tun1. 'I'ex.1% Wft APPENDIX A BUDGET i OL--/ ...JPA(3& _ A a8 o THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL 0 0 0 BUDGET DETAIL Agency: BRAZOS COUNTY . TEES 98-025 Term: I/I/98. 12/31199 Site 1 Site 2 Site 3 Summary A. Senior Personnel* �--- 1. Co-PI: J. Haberl Task 1 0.01 Person months $33 $33 $33 $qq Task 2 0.01 Person months Task 3 0.01 Person months 2. Staff: J. Bryant Task 1 0.05 Person months $237 $118 $39 $414 Task 2 0.02 Person months Task 3 001 Person months 3. Co-PI: N. Saman Task 1 003 Person months $121 $121 $121 $363 Tack 2 0.03 Person months Task 3 003 Person months 4. Staff: R. Chambers Task 1 0.28 Pcnon munths $865 $863 $863 $2.595 Task 2 0.28 Person months Task 3 028 Person months S. Technician: K. Milligan Task 1 0.14 Person months $362 $362 $181 $905 Task 2 0.14 Person months Task 3 0.07 Person months Total Salaries and Wages $1.618 $1,499 $1.259 $4.376 13 Fringe Benefits I. Faculty and Staff at 15 5% $231 $232 $19S $678 2. Students at 825% SO SO SO SO Total Fringe Benefits $251 $232 $193 $678 C Group Insurance 1. Cu -PI: J,Habcd 001 P•Mos 0 S2W per month $1 $1 SI $3 001 P -Mus 0 WO per tt►onth 001 P•Mos N S2S0 per month 2. Staff: J. Bryant 005 P•Alos ® $250 per month $12 $6 $3 $21 002 P -Mus 0 $2S0 per month _ 001 P•him Q9 S2S0 pre month 3. Co -PI: N. Sainan 0.03 P -Mus (0 $250 per month S8 $8 $8 $24 0.03 P•Mos ® $250 per month 003 P•Mos ® $250 per month 4. Staff. R. Chambers 0.28 P•Mos rA $250 per month $70 $70 $70 S210 0.28 P•Mos A $250 per month 0.28 P -Mos ® $250 per month S. Technician: K. Milligan 0.14 P•Mos 0 $250 per month $34 $34 $17 $83 0.14 P•Mos @ $250 per month 0.07 P•Mos 0 $250 per month Total Group Insurance $125 $119 $99 $343 Total Salaries, Wages, Fringe Benefits & Group Insurance 51,994 $1,830 $I.SS3 SS.397 D Permanent Equipment Total Permanent Equipment $2,S00 $2.900 $11150 S61550 E Travel 1. Domestic Travel SO SO SO SO Total Travel $0 $o $0 $0 F Other Direct Costs • Included to MTDC 1 Telephone. Fax, Airborne $35 SO $0 $35 2 Publication/Page Charges, Photocopying $0 SO $0 SO 3 Matcnals k Lab Supplies $150 $0 $0 $150 4 Computer Connect Charges $240 SO SO $240 S Other $0 SO SO SO Total Other Direct Costs - Included in AfTDC $425 $0 $0 $425 G Other Direct Costs • Not included in MTDC SO $0 $0 $0 It Modified Total Direct Costs (MTDC) 52,419 $1.850 $1.353 SS.822 I Total Direct Costs $4,919 $4,750 $2,703 $12172 J Facilities do Administrative Cats (F&A) Rate negotiated with the DHHS 45.0% MTDC 51.089 6833 $699 $2.621 K Total Project Costs $6,008 $5.593 $3,402 $14.993 4b offiRb" PAGF, w, 0 MEMORANDUM TO: John Reynolds, County Auditor FROM: Honorable Al Jones, County Judge RE: WAIVER Please be advised that on this day of 1997, at a Regular Session of the Commissioners' Court at which the following members ere present: Alvin W. Jones County Judge Tony Jones Commissioner, Precinct 1 Bill Thornton Commissioner, Precinct 2 Randy Sims Commissioner, Precinct 3 Carey Cauley, Jr. Commissioner, Precinct 4 As provided in the Local Government ode, Section 113 O 1(c)., the County Judge hereby waives the requirement of the County Judges' signature on requisitions that have previously been exempted from competitive bids for electric power, natural gas, water, or other utility services from the following vendors: Brushy Water Supply Corporation Bryan Utilities College Station Utilities Fairview /Smetana WSC General Telephone Company Lufkin Communications Corporation (formerly TCA Communications) Lone Star Gas Company United Telephone Wellborn Water Supply Wickson Creek Special Utility District von --2sL .PAQE,.�,Z�o . S S• P � / - - ., -^ - .. -. -� _..._ •� 3...* -... -. �...aue...��:. u.:.L... �:+��v�ti_ult�:w u4S�w�tw::�,a :9..�._�•''t6.�. 1 •i THE STATE OF TEXAS COUNTY OF BRAZOS THIS CONTRACT AND AGREEMENT, made and entered into this 25th day of November, 1997, by and between the City of Bryan, City of College Station, the County of Brazos, Bryan Independent School District, the County of Burleson and Snook Independent School ` District, each participating government acting by and through its respective executive office hereunto duly authorized by resolution of the governing body. WITNESSETH: WHEREAS, the respective participating governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies; WHEREAS, it is the desire of the aforesaid participating governments to comply with and further the policies and purposes of the Interlocal Cooperation Act; WHEREAS, the participating governments cannot normally obtain the best possible - commission for the sale of surplus equipment and materials acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the sale of equipment and materials at a prorated cost of advertising and commission; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other parties and as to all the parties as follows; 1. The City of Bryan shall be responsible for such administrative duties as may be necessary to facilitate processing and preparation of a contract with the successful vendor. 2. The City of Bryan shall provide location to host such sale. 3. The City of Bryan shall not be liable for theft or damage to any items while on said entity's property. All items provided for the sale are owned by the participating entity and each entity Is responsible for goods before, during, and after the sale. Any unsold items shall be removed from said property promptly. 4. Auctioneer shall be responsible for payment to each participating entity for goods l a . I 1 sold and monles collected, less all listed expenses and fees, within seven banking days of stated auction date. WHEREFORE, the parties hereto have caused this agreement to be executed by their authorized officers listed below. CITY F BRYAN CITY OF COLLEGE STATION onnie Stabler, Mayor Lynn Mcllhaney, Mayor ATTEST: / �. Mary Ly ne to ay- Stratta, City Secretary APPROVED AS TO FORM: Michael Cosentino, City Attorney BURLESON COUNTY ATTEST: Connie Hooks, City Secretary BRAZOS COUNTY County Judge, Alvin W. Jones ATTEST: Judge Paul J. Batista Secretary Is ATTEST: BRYAN ISD Secretary SNOOK ISD Donnie Victorick, Interim Superintendent C.W. Henry, Asst. Superintendent of Finance ATTEST: Angie Krolczyk, Secretary ATTEST: Secretary u i r i • • sold and monies collected, less all listed expenses and fees, within seven banking days of stated auction date. WHEREFORE, the parties hereto have caused this agreement to be executed by their authorized officers listed below. CITY OF BRYAN CITY OF COLLEGE STATION Lonnie Stabler, Mayor Lynn Mcllhaney, Mayor ATTEST: ATTEST: Mary Lynne Galloway- Stratta, City Secretary APPROVED AS TO FORM: Michael Cosentino, III, City Attorney B RLESON COUNTY Ab uq�- Judge Paul J. Batista ATTEST: )7t / .44VZO, SNOOK ISD Donnie Victorick, Interim Superintendent Connie Hooks, City Secretary BRAZOS COUNTY County Judge, Alvin W. Jones ATTEST: Secretary BRYAN ISD C.W. Henry, Asst. Superintendent of Finance ATTEST: Angie Krolczyk, Secretary ATTEST: Secretary sold and monies collected, less all listed expenses and fees, within seven banking days of stated auction date. WHEREFORE, the parties hereto have caused this agreement to be executed by their authorized officers listed below. CITY OF BRYAN CITY OF COLLEGE STATION Lonnie Stabler, Mayor Lynn Mcllhaney, Mayor ATTEST: ATTEST: Mary Lynne Galloway - Stratta, City Secretary APPROVED AS TO FORM: Michael Cosentino, III, City Attorney BURLESON COUNTY Judge Paul J. Batista ATTEST: Secretary 7-� 4 ISD , t/�4 / bonnie Victorick, Interim Superintendent Connie Hooks, City Secretary BRAZOS COUNTY County Judge, Alvin W. Jones ATTEST: Secretary BRYAN ISO C.W. Henry, Asst. Superintendent of Finance ATTEST: Angie Krolczyk, Secretary ATTEST: ,( Secretary VOL .PACiE,�_. . r . • • sold and monies collected, less all listed expenses and fees, within seven banking days of stated auction date. WHEREFORE, the parties hereto have caused this agreement to be executed by their authorized officers listed below. CITY OF BRYAN CITY OF COLLEGE STATION Lonnie Stabler, Mayor Lynn clihaney, Mayor ATTEST: ATTEST: Mary Lynne Galloway- Stratta, Connie Hooks, City Secretary City Secretary APPROVED AS TO FORM: BRAZOS COUNTY Michael Cosentino, 111, City Attorney BURLESON COUNTY Judge Paul J. Batista ATTEST: Secretary SNOOK ISD Donnie Victorick, Interim Superintendent County Judge, Alvin W. Jones ATTEST: Secretary BRYAN ISD C.W. Henry, Asst. Superintendent of Finance ATTEST: Angie Krolczyk, Secretary ATTEST: Secretary t, Ei sold and monies collected, less all listed expenses and fees, within seven banking days of stated auction date. WHEREFORE. the parties hereto have caused this agreement to be executed by their authorized officers listed below. CITY OF BRYAN CITY OF COLLEGE STATION r Lonnie Stabler, Mayor ATTEST: Mary Lynne Galloway- Stratta. City Secretary APPROVED AS TO FORM: Michael Cosentino, III, City Attorney BURLESON COUNTY Judge Paul J. Batista ATTEST: Secretary SNOOK ISD Lynn Mcllhaney, Mayor ATTEST: Connie Hooks, City Secretary BRAZOS COUNTY /4p-zs -S -T County Judge. AIA W. Jones ATTEST: W �j�. �4t4- SOG+btaey Aj c�.�..t BRYAN ISD C.W. Henry, Asst. Superintendent of Finance ATTEST: Angie Krolczyk, Secretary ATTEST: Donnie Victorick, Secretary Interim Superintendent r r ' SWICO AUCTIONS 1301 GLADE, COLLEGE STATION, TEXAS 77840 409 - 693 -0694 AGREEMENT TO SELL BY PUBLIC AUCTION THE CITY OF BRYAN. hereinafter referred to as SELLER. through its duly authorized Purchasing Agent, • TOM WILSON . warrants by signature that he has full authority to sell the property described herein and hereafter, and does hereby request that Jim Swigert, d/b /a SWICO Auctions sell by public auction to be held on DECEMBER 6. 1997 and conducted at 1111 WACO STREET BRYAN MUMCIPAL SERVICE CENTER, the following items briefly described as: CITY SURPLUS VEHICLES and further described in the schedule of property presented prior to the sale and is incorporated into and made a part of this agreement SELLER warrants the items to be free and clear of all liens, or the lien holders are here listed for notifications and joint payment by SWICO Auctions. SELLER will provide all required titles, fully executed, to said buyers within fifteen days of the sale. 2. SELLER agrees the AUCTION WILL BE HELD ABSOLUTE, without price reserves or "buy backs' and all items are to be sold to the highest bidder. 3. SELLER agrees that SWICO Auctions will provide advertising as determined solely by SWICO Auctions. SWICO Auctions will collect all funds and make payment of all sales taxes. SWICO Auctions will direct or provide for arranging and accounting of all sale items. 4. SELLER agrees to pay SWICO Auctions for the service rendered a commission fee of & of the gross proceeds plus S1,500.00 for advertising. The said amount to be paid to SWICO Auctions by the Seller shall be prorated accordingly if any other govemmental entity retains SWICO Auctions for the December 6,1997 Public Auction. S. SWICO Auctions will make payment to the SELLER and/or jointly to any lien holder for goods sold and monies collected, less all above listed expenses and fees, within seven banking days of the above,stated auction date. Payment will be mailed or delivered to the address listed below. • 6. SWICO Auctions agrees to furnish all personnel for conducting the auction, including but not limited to, auctioneer, gate keepers, ring -men, and record keeping personnel and shall furnish any special equipment such as a public address system, lot number tags, receipts, bidders cards, etc., necessary in conducting the auction.. 7. SWICO Auctions agrees to pay for and have in effect the insurance requirements listed on attachments A & B on or before December 1, 1997. 8. Should SELLER elect to terminate or breach this agreement, SELLER will pay SWICO Auctions all coats and expenses incurred plus S1,000.00 as liquidated damages, and any reasonable attorney fees arising from such termination. 9. SELLER understands that SWICO Auctions will take all reasonable steps to protect the sale item, but will not be liable for theft or damage to the items at any time or for any reason. 10. SELLER assumes ALL risk and liability which may arise from the failure of any item to comply with any Federal, State, or regulatory agency requirements, including environmental pollutants and shall pay all costs for clean up of such pollutants and any fines or legal action arising from any such liability. 11. SELLER warrants that there are no hidden defects in the items being sold, or will provide a wriuea listing of any exceptions to SWICO Auctions at least dun days prior to the We for public disclosum and agrees to hold SWIOD Auctions harmless should any Fan,- from such hidden defect. This agreement is tered into and between: AAuc ' ricer ELLER or Agent for. • SWICO Auctions CITY OF BRYAN/PURCIiASIIJOSERVlCES 2200 FOUNTAIN AVE. BRYAN, TEXAS 77801 1 VOL PAGE a VI.. t i i BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560001 DATE OF COURT MEETING: 10/28/97 ITEM: Permission to enter Broken Arrow Ranch property located off Rabbit Lane for the purpose of hauling hay bales to be used for erosion control on county roads and rights -of -way. Signed permission form on file. Site is located in Precinct 2. SOURCE OF FUNDS: N/A I. NOTES/EXCEPTIONS: II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BYE% APPROVED BY: ichard F. Vance, P.E. Commissioner illiam S. Thornton County Engineer Precinct 2 CC97 -153 ApprovediiJ / DeniedO by Commissioners' Court Date: z4& q-7 Alvin W. Jones, CdOnty Judge � f • • BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Akin W Jones County Judge Tony Jones OF B Commissioner Pet i Wdl•im S Thomson 0 Commiss oner Pei Z Randy Sims �40e d►�� 1110 1100 Pet 3 ' s Cary C•uley Commissioner Pet a Date I. LANDOWNER AND ADDRESS II. LOCATION OF WORK gm-.e- III. DESCRIPTION OF WORK TO BE DONE A-0�1 �-aJY.Ld -�•- .�-, .GC.suera IV. MAINTENANCE YES _ NOA IF YES, ESTIMATE FREQUENCY OF MAINTENANCE (O ner will be notified prior to maintenance) Richard F. Vance, P.E. Engineer Aide /Foreman County Engineer OWNER'S SIGNATURE - DATE J V- "7 7 VOL ..L...�PAIDE, i t 0 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560001 DATE OF COURT MEETING: 10/28/97 ITEM: Permission to enter LeBon Agnello's property located off Bird Pond Road for the purpose of repairing eroded area along Carter Creek bank to prevent water from flowing across pasture and causing further damage to Bird Pond Road: landowner will furnish material to fill eroded area on creek bank. Signed permission form on file. Site is located in Precinct 3. SOURCE OF FUNDS: N/A I. NOTES /EXCEPTIONS: ll. ACTION REQUESTED OR ALTERNATIVES: SU MITTED BY: APP ED B . - A, �, ichard F. Vance, P.E. Commissio r Randy Sims County Engineer Precinct CC97 -154 Approvedlff / DeniedO by Commissioners' Court Date: Alvin W. Jones, Cou ty Judge VOL �. PAUk a� � .r .• - �i t w . �.... ...... P , �...._.+ .JJ. ._...... n.r�cu.i.a •..l. 4.{.Lw.Iu........'�Y_h�....� •a,lM J J � ...« •. , 1 v_ .. . � _ I �k • • • BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM AMn W Jones County Judge OF Tony Jones B Commissioner Pet 1 J -y Wdletm S Thomson Commissioner Pct 2 Randy Sims P �0�seroatd� Commissioner Pct 3 Grey Guley Commissioner Pct 4 Date /o- 2e -77 I. LANDOWNER AND ADDRESS LAG... A4.... 11a 2.5'C5, c:r e-,iZ is<w 7784-5 II. LOCATION OF WORK —4/. - f / c, do a I d, rcl PL .1 icad i Cry � Gr•�_ ,E . III. DESCRIPTION OF WORK TO BE DONE Ri os t r p .v� La a, . /l 1% j r t L— r ;e llei- L )J-A.0 40 RfCd P _/ P..2.J -ce t._� 2.-c as e--"- o4 bj. IV. MAINTENANCE YES NO _ IF YES, ESTIMATE FREQUENCY OF MAINTENANCE & /, sir 2 r, c n_ ^ (gpner will be notified prior to maintenance) Richard F. Vance, P.E. Engineer Aide /Foreman County Engineer OWNER'S SIGNATURE ` DATE I/--) - ?7 s✓ M L _.�..�71..s.,��l� �. �Tlf. . • r ' t. l� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560001 DATE OF COURT MEETING: 10/28/97 ITEM: Permission to enter Robert Armstrong's property located off Old Highway 6 for the pumose of correcting drainage to prevent water from damaging driveway. Signed permission form on file. Site is located in Precinct 1. SOURCE OF FUNDS: _ N/A I. NOTES /EXCEPTIONS: II. ACTION REQUESTED OR ALTERNATIVES: SU MITTE BY' APPR4OV Richard F. Vance, P.E. Co To ny Jones County Engineer Precinct 1 CC97 -155 Approved,6 DeniedO by Commissioners' Court Date: to • -69 3 Alvin *.-Jones,- Co my Judge VOL— ZA�,,..pAfar .�1 a, • • r� BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Date LAND OWNER AND ADDRESS LOCATION OF WORK .. fin CN/1SF. fAAlell + Aera,rr Y3 mar Sa,,7m o-- AWe& SwMell.P� DESCRIPTION OF WORK TO BE DONE 4w476R AldF; >S is BcF /RE-iP&IM0 IV. MAINTENANCE YES _ NO _ IF YES, ESTIMATE FREQUENCY OF MAINTENANCE ( er will be notified prior to maintenance) bhard F. Vance, P.E. Engineer Aide/Foreman County Engineer ' . 0WNLR'S SIGNATURE � � : � � � PATE . L —,ZL - - 0 E A BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560001 DATE OF COURT MEETING: 10/28/97 ITEM: Consider and take action on acceptance of Wickson Creek Special Utility District's cost estimate of $2,000.00 to relocate approximately 800 feet of 4 inch PVC water line on B n Murphy's property for improvements to Elmo Weedon Road (cost is figured 800 feet @ $2.50 per foot). Site is located in Precinct 3. SOURCE OF FUNDS: N/A I. NOTES /EXCEPTIONS: II. ACTION REQUESTED OR ALTERNATIVES: S M111JED BY: APP ED Richard F. Vance, P.E. Commiss' ner Randy Sims County Engineer Precin 3 CC97 -156 Approvedd/ DeniedO by Commissioners' Court Date: Alvin W. Jones, unty Judge VOL as • a � .� ,. _. ._ _.. ... _..._ � ,. .._.. _.. � _- ._.�•_.,.a�s, ..._ ...�. __t.,._.,.. _ •_ .^yL•.. �. .' ���_ ••tea..•. .. '� • -� ... ._ WICKSON CREEK SPECIAL UTnATY DISTRICT P05T Off ICE BOX 4756 BRYAN, TEXAS 77608.4759 t.i.ra..al past at9aase r.ss tswt sw+�su October 20, 1997 Brazos County Rd, i Bridge 2617 Highway 21 West Bryan, Texas 77803 Re: Relocation of water line on Murphy Prop. on Elmo Weedeon Rd. Dear Linda: The estimated cost to relocate approximately 6001 of 4" PVC water line @2.50 per ft. would be $2,000. Actual cost would be based on footage of pipe as estimated. If you•have any questions, feel free to call. • Sincerely, � ? " A Kent Watson General Manager V0L-/.A=..PAC3F, . r •