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BRAZOS COUNTY
BRYAN. TEXAS
AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
MARCH 24, 1998 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET; SUITE 115, BRYAN,
TEXAS.
I. Invocation - Commissioner Thornton,
2. Pledge of Allegiance - Commissioner Thorton.
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 - 27:
4. Budget Amendment 97/98 -21.
5. Personnel Action Forms. -
6. Payment of Claims.
7. Acceptance by the Court of the Comprehensive Annual Financial Report for the year
ended September 30, 1997.
8. _Approval of the following documents relative to the County 457 Deferred Compensation
Plan:
a. Administrative Services Agreement with the Valic Annuity Life Insurance Company,
b. 457 Deferred Compensation Plan Document,
c. Amendment to Deferred Compensation Plan.
9. Agreement between Brazos County and the City of College Station relative to the TIF #7:
in College Station.
10. Appointment of three members to serve on the Brazos County Child Welfare Board.
11. Applications for Tax Refunds for Sears Merchandise Group (two applications).
12. Contract with Bayer Construction Electrical Contractors, Inc. for lighting improvements
relative to the energy conservation program for County facilities.
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Commissioners Court Meeting Agenda
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Page Two
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13. Tax Resale Deed and authorization for County Judge to execute deed for 33 feet by ISO
feet out of the Crawford Burnett League, Abstract 8, to Lucile Young.
14. Blanket Purchase Orders.
15. Requisitions from Capital Projects Fund:
a. Jet Direct ExPlus for CNS and County Attorney
b. Replacement printer for Constable, Precinct S
c. MicroSoft Office 97 Software w/Manuals for Emergency Management
d. Frequency coordination fee for radio license modification for Emergency Management
e. Fax machine for Justice of the Peace, Precinct 6
16. Requisitions from General Fund:
a. Cages for Sheriffs Office patrol cars
b. Acknowledge purchase of cages for Jail transport vans
c. Custom camper shell for Jail
d. Typewriter for County Attorney Office
e. Traffic Counters for Metropolitan Planning Organization
17. Contract with Family Health Psychological Services, Brazos Valley Community Action
Agency, Inc. through Thomas H. Edwards, Ph.D.
18. Exemption from competitive bidding for the following:
a. Professional services provided by Family Psychological Services, Brazos Valley
Community Action Agency, Inc. through Thomas H. Edwards, Ph.D.
b. Professional surveying services provided by S.T. Lovett & Associates
c. Sole Source for repair and maintenance, captive replacement parts for Canon copiers
19. Contract with lkon Office Solutions for maintenance and repair, including toner and
staples for all County owned Canon copiers.
20. Approval to advertise for annual uniform rental contract.
21. Donation of light standards to Harvey Little League.
22. Request from GTE Telephone Operations to construct a road bore for buried cable
installation in the right -of -way of Hardy Weedon Road beginning approximately 1566 feet
from its intersection with Dyess Road. Site is located in Precinct 3.
23. Request from Southwestern Gas Pipe Line Co. to construct bellholes for cathodic
protection equipment installations to monitor corrosion on existing pipe lines located on
Alexander Road and Dilly Shaw Tap Road. Site is located in Precinct 2.
24. Request from GTE Telephone Operations to construct a buried cable installation in the
right -of -way of Saxon Road beginning approximately 3,800 feet from its intersection with
FM 2038 and extending for a distance of 3,552 feet. Site is located in Precinct 3.
25. The Replat of Lot 1, Block 1 Withees Subdivision, 9.995 acres, Abner Lee, Sr. League.
Site is located in Precinct 3.
26. The Final Plat of Willow Run, Phase 3A, 92.657 acres, John Childress Survey, Robert
Stevenson League. Site is located in Precinct 1.
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Commissioners Court Meeting Agenda
March 24, 1998
Page Two
• 27. The Final Plat of Willow Run, Phase 3B; 92.657 acres, John Childress Survey, Robert
Stevenson League. Site is located in Precinct 1.
28. Acknowledge receipt of monthly reports from elected officials and department heads.
29. Call for citizen input.
30. Announcement of interest items and possible future agenda topics.
31. Adjourn.
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The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request
for sign interpretive services must be made 48 hours before the meeting. To make arrangements.
call (409) 361 -4102.
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COMMISSIONERS' COURT
REGULAR MEETING
MARCH 24, 1998
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, March 24, 1998, with the following members of
the Court present:
Alvin W. Jones, County Judge, Absent;
Tony Jones, Commissioner of Precinct 1;
Wm. S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3, Presiding;
Carey Cauley, Jr., Commissioner of Precinct 4, Absent;
Mary Ann Ward, County Clerk.
Attached is a list of the citizens and officials in
attendance.
Commissioner Thornton gave the invocation and led the
pledge of allegiance.
There was no citizen input and /or concerns.
The Court next considered Budget Amendment #97/98 -21.1
through 21.3, which would transfer funds budgeted for
Contingency to the Non Departmental Department and reallocate
funds for Sheriff's department. On motion by Commissioner
Thornton, seconded by Commissioner Jones, the Court voted
unanimously to approve the budget amendment as submitted, a
copy of which is attached hereto.
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Commissioners Court meeting March 24, 1998
The Court proceeded to consider the change of status of
the following employees.
NAME
DEPARTMENT
REASON
Rodefeld, Kimberly
CCL #2
Resignation
Tatum, William R
CCL #2
New Employee
Mazurkiewicz, J.
Extension Sery
Resignation
McCannon, Barbara
Extension Sery
Resignation
Robertson, Lola
JP 7 -2
Eliminate Pos
Densey, Sharon
Juvenile Serv.
New Emp Temp
Ingram - Cauley, J
Juvenile Serv.
Promotion
Martinez, Jose v
Juvenile Serv.
Promotion
Dorsey, Trent D
Juvenile Serv.
Resignation
Hernandez, Oskar R
S/O Jail
New Employee
Barnett, Christy R
Tax Office
Resignation
Bennett, Holly
Tax Office
Resignation
Reyes, Ruth A
Tax Office
L /Trap in dept
Mendez, Amy J
Tax Office
Tran in dept
Flores, Felicia L
Tax Office
Tran in dept
Palomares, Sara D
Tax Office
Tran in dept
White, Krisha D
Tax Office
Tran in dept
Murphy, Mary J
Tax Office
New Emp Temp
On motion by Commissioner Jones, seconded by Commissioner
Thornton, 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- 004229 through 98- 004622
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Claims as
submitted.
The Court then considered acceptance of the Comprehensive
Annual Financial Report for the year ended September 30, 1997.
On motion by Commissioner Sims, seconded by Commissioner
Thornton, the Court voted unanimously to accept the
Comprehensive Annual Financial Report for the year ended
September 30, 1997.
The next matter for consideration was the approval of the
following documents concerning the County 457 Deferred
Compensation Plan:
a) Administrative Services Agreement with
the Valic Annuity Life Insurance Company.
b) 457 Deferred Compensation Plan Document
c) Amendment to Deferred Compensation Plan
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Commissioners Court meeting March 24, 1998
on motion by Commissioner Thornton, seconded by Commissioner
Jones, the Court voted unanimously to approve all the
previously noted documents. A copy of each is attached
hereto.
The Court next considered an Agreement between Brazos
County and the City of College Station concerning the TIP #7
in College Station. The City of College Station has created
Tax Increment Finance Reinvestment Zone No. 7 to spur economic
growth in the Wolf Pen Creek area and to construct a
conference center to be owned by the City. Reinvestment Zone
No. 7 was established in Ordinance No. 2290. The County
agrees to participate in and contribute to Reinvestment Zone
No. 7, its full tax rate of 41.744 per One Hundred and No /100
dollars ( ;100.00) evaluation, less the amount of the tax rate
pledged directly to debt service which is four and one half
(4.540. Therefore the County agrees to contribute currently
thirty -seven and 24/100 cents. Both the County and the City
agree that the tax rate and the portion of the tax rate
pledged directly to debt service are subject to change and the
contribution herein pledged by the County to the Fund shall
change as both its tax rate and tax rate pledged to debt
service changes. On motion by Commissioner Jones, seconded by
Commissioner Thornton, the Court voted unanimously to
participate in and contribute to Reinvestment Zone No. 7. A
copy of the Agreement is attached hereto.
The next matter before the Court was the appointment of
three members to serve on the Brazos County Child Welfare
Board. The Court received a letter from Gwen Gray writing on
behalf of the Brazos County Child Welfare Board, asking that
Topaz Hughes, Mary Jernigan and Marci Clarke be reappointed to
serve another term on the Board. On motion by Commissioner
Thornton, seconded by Commissioner Jones, the Court voted
unanimously to reappoint Topaz Hughes, Mary Jernigan and Marci
th t m on the Brazos County Child
Clarke to serve ano A. er '
Welfare Board.
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Commissioners Court meeting March 24, 1998
The Court next considered applications for two tax
refunds to Sears Merchandise Group. In the first application,
a Court settlement was agreed upon in which the appraised
value for 1996 was lowered from $2,589,583.00 to
$2,436,213.00. In the second application, a Court settlement
was agreed upon in which the appraised value for 1997 was
lowered from $2,530,535.00 to $2,382,983.00. On motion by
Commissioner Sims, seconded by Commissioner Thornton, the
Court voted unanimously to refund $641.08 in county taxes for
1996 and $615.88 in county taxes for 1997 to Sears Merchandise
Group.
The next matter for consideration was a contract with
Bayer Construction Electrical Contractors, Inc. for lighting
improvements relative to the energy conservation program for
County facilities. Commissioner Thornton asked if the
document had been reviewed by legal counsel. He was advised
that it had been reviewed by legal counsel. On motion by
Commissioner Jones, seconded by Commissioner Thornton, the
Court voted unanimously to approve the contract with Dayer
Construction Electrical Contractors, Inc. for lighting
improvements relative to the energy conservation program for
County facilities. A copy of the contract is attached
hereto.
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to authorize the County
Judge to execute a Tax Resale Deed to the following
individual:
Lucile Young - 35 feet by 150 feet out of the
Crawford Burnett League, Abstract 8.
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Commissioners Court meeting March 24, 1998
The Court proceeded to consider the following blanket
Purchase Orders:
Cain's Coffee
Jail
$ 500
Lilly Dairy
Jail
$2,300
Butterkrust Bakery
Jail
$1,300
US Food Service
Jail
$1,000
LaBatt Foods
Jail
$2,500
Performance Food
Jail
$1,200
Alliant Food
Jail
$7,000
Sysco Food
Jail
$7,000
Scarmardo
Jail
$2,000
Tx Communications
BVNTTF
$1,000
On motion by Commissioner Jones, seconded by Commissioner
Sims, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The Court next considered approval of requisitions from
Capital Expenditures for the following purchases:
a) Jet Direct ExPlus for CNS and County
Attorney $440.00
b) Replacement printer for Constable,
Precinct No. 5 $725.00
c) Microsoft Office 97 Software w /manuals
for Emergency Management $277.00
d) Frequency coordination fee for radio
license modification for Emergency
Management $135.00
e) Fax Machine for Justice of the Peace,
Precinct No. 6 $339.97
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the
requisitions to be paid from Capital Expenditures
The Court next considered approval of requisitions from
General Fund for the following purchases:
a) Cages for Sheriff's Office patrol cars
$620.00
b) Acknowledge purchase of cages for Jail
transport vans $739.90
c) Custom Camper Shell for Jail $975.00
d) Typewriter for County Attorney's Office
$260.49
e) Traffic Counters for Metropolitan
Planning Organization $1,890.00
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Commissioners Court meeting March 24, 1998
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the
requisitions to be paid from General Fund.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Family
Health Psychological Services, Brazos Valley Community Action
Agency, Inc. through Thomas H. Edwards, Ph.D. The Agency will
provide individual psychological testing and counseling to
defendants plus provide written evaluations. The cost to
Brazos County will be $300.00 per evaluation if conducted by
a psychologist or if conducted by a psychological associate,
the service fee is $250.00 per evaluation plus $80.00 per
contact hour for individual counseling provided by a
psychologist and $60.00 contact hour for individual counseling
provided by a psychological associate. The term of the
contract will be from March 24, 1998 to March 24, 1999. On
motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to enter into
contractual agreement with the Family Health Psychological
Services, Brazos Valley Community Action Agency, Inc. through
Thomas H. Edwards, Ph.D.. A copy-of the contractual agreement
is attached hereto.
The Court next considered Exemptions from Competitive
Bidding Requirements of Local Government Code, Section
262.024(a)(7)(A) for the following items:
a) Professional services provided by Family
Psychological Services, Brazos Valley
community Action Agency, Inc. through
Thomas H. Edwards, Ph.D.
b) Professional surveying services provided
by S. T. Lovett & Associates.
c) Sole Source for repair and maintenance,
captive replacement parts for Canon
copiers.
On motion by Commissioner Sims, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Exemption
of Competitive Bidding Requirements and authorized the payment
for said costs.
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Commissioners Court meeting March 24, 1998
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and IRON Office
Solutions for maintenance and repair, including toner and
staples for all County owned Canon copiers. The cost to
Brazos County will be $2,875.00 monthly. The term of the
contract will be for twelve (12) months. On motion by
Commissioner Jones, seconded by Commissioner Sims, the Court
voted unanimously to enter into contractual agreement with
IRON Office Solutions. A copy of the contractual agreement is
attached hereto.
The next matter for consideration was approval for the
Purchasing Agent to advertise for bids for the uniform rental
contract. On motion by Commissioner Jones, seconded by
Commissioner Thornton, the Court voted unanimously to
authorize the Purchasing Agent to advertise for bids for the
uniform rental contract.
The next matter before the Court was approval for the
donation of light standards to Harvey Little League. In a
memo to the Court, the Purchasing Agent informed them that on
February 24, 19987, the Court approved the advertisement for
the sale of 6, 20 feet surplus light standards. No bids were
received by the due date of March 18, 1998. As allowed in the
Local Government Code 263.152.c., the Court may dispose of
property by donating it to a civic or charitable organization
located within the County only after it has tried to sell the
property and is unable to do so because no bids were made.
The Purchasing Agent then recommended donating the light
standards to the Harvey Little League. On motion by
Commissioner Sims, seconded by Commissioner Thornton, the
Court voted unanimously to donate the surplus light standards
to the Harvey Little League.
The Court next considered the request from GTE to a road
bore for buried cable installation in the right -of -way of
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Hardy Weedon Road beginning approximately 1566 feet from its
intersection with Dyess Road in Precinct 3. The County
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Commissioners Court meeting March 24, 1998
Engineer stated that all appeared to be in order and
recommended approval. On motion by Commissioner Sims,
seconded by Commissioner Thornton, 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 the request from Southwestern
Gas Pipe Line Co. to construct bellholes for cathodic
protection equipment installations to monitor corrosion on
existing pipe lines located on Alexander Road and Dilly Shaw
Tap Road in Precinct No. 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
Southwestern Gas Pipe Line Co. and authorized the
installation. A copy of the request is attached hereto.
The Court next considered the request from GTE to
construct a buried cable installation in the right -of -way of
Saxon Road beginning approximately 3,800 feet from its
intersection with FM 2038 and extending for a distance of
3,552 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 Jones, 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 Re -Plat of Lot
1, Block 1 Wither Is Subdivision in Precinct 3. Richard Vance,"
County Engineer, stated that he had reviewed the plat and
offered the following comments:
1) Add additional 10 feet utility easement along
inside perimeter of new lot 2R.
Brazos County Health Department requirements for plat
approval:
1) A statement identifying the source of water for
this subdivision; public water supply or private
well must be included. If this lot is served by
public water then disregard item two.
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Commissioners Court meeting March 24, 1998
2) If the lot is serviced by private well,
location for the proposed well site is to be shown
on the lot location with a 100 foot RADIUS sanitary
zone shown where no sewage system may encroach.
3) The lot shall show the location for the
proposed sanitary where disposal system and the
designated area will be two times the size of the
proposed design area.
4) The plat will also provide a site evaluation
report showing any existing water wells currently
located in the proposed subdivision or within 100
feet of the property. A complete report detailing
the types of On Site Sewage Facilities proposed and
their compatibility with area wide drainage and
groundwater. A comprehensive drainage plan must
also be included in these planning materials.
Planning materials shall also address potential
septic system replacement areas as to location on
the property.
5) The plat notes must also include a statement
that no On Site Sewer Facilities may be installed
or operated in this subdivision without being
inspected, approved and issuance of the Five Year
Renewable License by the Brazos County Health
Department.
On motion by Commissioner Sims, seconded by Commissioner
Thornton, the Court voted unanimously to approved the Re -Plat
of Lot 1, Block 1 Wither's Subdivision in Precinct 3 subject
to the developer complying with the exceptions noted by the
County Engineer.
The Court next considered approval of the Final Plat of
Willow Run, Phase 3A in Precinct 1. Richard Vance, County
Engineer, stated that he had reviewed the plat and offered the
following comment:
1) Suggest temporary turn arounds on Alacia Court
and Suzanne Place at breaking points between 3A and
3B.
Commissioner Jones moved to approve the final plat of Willow
Run, Phase 3A in Precinct 1 subject to the developer complying
with the exceptions noted by the County Engineer. Commissioner
Sims seconded the motion. Commissioners Jones and Sims voted
"Aye ". Commissioner Thornton abstained. The motion carried.
The Court next considered approval of the Final Plat of
Willow Run, Phase 3B in Precinct 1. Richard Vance, County
Engineer, stated that he had reviewed the plat and offered the
following comment:
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1) Suggest temporary turn arounds on Alacia Court
and Suzanne Place at breaking points between 3A and
3B.
Commissioner Jones moved to approve the final plat of willow
Run, Phase 3B in Precinct 1 subject to the developer complying
with the exceptions noted by the County Engineer. Commissioner
Sims seconded the motion. Commissioners Jones and Sims voted
"Aye ". Commissioner Thornton abstained. The motion carried.
The Court acknowledged receipt of the Extension Service
reports for February 1998 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 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Justice of the Peace Precinct 5
Justice of the Peace Precinct 6
Constable Precinct 4
t Constable Precinct 5
Constable Precinct 6
Brazos County Events Facilities
County Attorney
Road & Bridge
Tax Assessor /Collector
A copy-of the Officials' reports can be viewed in the County
Auditor's office.
There was no citizen input and /or concerns.
Commissioner Jones made the following comments:
1) He expressed concern about closing the
contract with Chappell Hill Construction,
because he has had numerous calls from
subcontractors who had not been paid for
their work.
iThere 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 March 24, 1998 have been examined and are approved in
open Court this the day of y'i%u a , 19 11F,
Irl
in Bryan, Brazos County, Texas.
Alvi W. Zrones
County Judge
Wm. S. Thornton
Commissioner,
Precinct No. 2
Carey Ca ley, Jr.
Commiss -one r,
Precinc No. 4
4uak-'
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Commissioner,
Precinct No. L.
Commis,11oner,
Precyfct No. 3
Mary Arfn Ward
County Clerk
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vSRAZOS COUNTY COMMISSIONERS MEETING ON Mfik� "T� AT ! A.M.
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AZPS COUNTY COMMISSIONERS' MEETING ON410ke, , AT A•N•
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1997 -1998 BUDGET YEAR
NO. 97/98 -21.1 through 21.3
On this the 24th of March 1998 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 March 24, 1998 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 24th day of March 1998.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: C.�tG�,._ �Jf�/ Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 97/98 21.1
3/24/98
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 110005 725900 , DR Professional Fees - Other 1,000.00
01 110015 611300 CR Contingency 1,000.00
Non - Departmental - To allow for the reimbursables incurred by Ray & Associates during
the salary survey. Contract stipulated that sundry charges would not exceed $1000.00
i` Prepared By: kc Approved By:
Date: 3/11/98 Date:
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BRAZOS COUNTY, TEXAS
' BUDGET AMENDMENTS
No. 97/98 21.2
3/24/98
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 280001 802860 DR Equipment -Other 1,000.00
01 110015 611300 CR Contingency 1,000.00
Sheriff Administration - Requests that funds be provided for the purchase of a camper
shell to cover a truck bed, which is used to transport food from MSJ to the Courthouse.
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Prepared Byc- = 'i�''•t� • , j
Date: 3113/98 Date:
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BRAZOS COUNTY, TEXAS
' BUDGET AMENDMENTS
No. 97/98 21.2
3/24/98
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 280001 802860 DR Equipment -Other 1,000.00
01 110015 611300 CR Contingency 1,000.00
Sheriff Administration - Requests that funds be provided for the purchase of a camper
shell to cover a truck bed, which is used to transport food from MSJ to the Courthouse.
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Prepared Byc- = 'i�''•t� • , j
Date: 3113/98 Date:
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 97/98 21.3
3/24/98
FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease
01 280001• 808900 Dr Vehicles 740.00
01 280001 659500 Cr Vehicle Maintenance 740.00
Sheriff Administration Department - To reclassify the budget to increase the Vehicle line
to allow the purchase of caees for the two new transport vans.
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ADMINISTRATIVE SERVICES AGREEMENT
This Agreement is made and entered into by and between ZJS
(the "Employer ") and The Variable Annuity Life Insurance Company ("VALIC "). a Texas corporation,
on this 10 day of mzn-c h , 19 00 .
ARTICLE I - PURPOSE
The Employer maintains a deferred compensation plan (the "Plan "). In the interest of economy and efficiency, the
Employer deems it desirable to contract for administrative services pertaining to accounting for deferrals, disburse-
ments of funds, proper reporting to participants and the Internal Revenue Service. and withholding of taxes, if applica-
ble. Therefore, the Employer designates VALIC its agent to perform the services outlined in this agreement and
deposit income tax amounts as required by law. VALIC's undertaking to provide administrative services hereunder is
limited to those amounts of deferred compensation under the Plan that the Employer has Invested in annuity contracts
issued by VALIC.
ARTICLE II — DEFINITIONS
As used in this agreement, the following definitions shall apply unless the context indicates otherwise:
2.1 Agent —The Variable Annuity Life Insurance Company ( "VALIC"). ,
2.2 Annuity Contract — The group or individual annuity contract between the Employer and VALIC.
23 Employer — P) Q. Cl Z JS n LAIn V 1^
Employer Name
Soo F 2&1 --st bat, a, '-(—>, 7`1803
Employer Addm%
0 2.4 Participant — An employee or independent contractor of the Employer electing to participate In the Plan.
2S Plan — The r (` a Zoe CZ1.14) +Z1 Deferred Compensation Plan.
Name or Plan
(check gelc below):
a. V/ a 457(b) or "eligible" deferred compensation plan described under section 457 of the Internal
Revenue Code of 1986, as amended.
b. a 457(f) or "ineligible" deferred compensation plan sponsored by a tax exempt or
governmental organization.
c. a non - qualified (top hat) deferred compensation plan sponsored by a for-profit organization.
ARTICLE III — RESPONSIBILITIES OF EMPLOYER
3.1 Thc Employer shall complete and sign all forms necessary for VALIC's appointment a% agent with the
Internal Revenue Service, or where applicable, those forms that release VALIC of said appointment.
3.2 The Employer shall notify VALIC in writing of all Participant information requested by VALIC. including,
but not limited to. age, social security number and beneficiary information.
3.3 Thc Employer shall direct VALIC to make benefit payment% under the Plan in accordance with the annuity
option specified by the Employer and shall supply VALIC with the amount of the account to be distributed.
3.4 Thc Employer shall be responsible for approval of all requests for untoresccable emergency withdrawals
under the Plan and direct VALIC to make approved disbursements in amounts %peclfied by the Employer.
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ARTICLE IV — VALIC RESPONSIBILITIES
4.1 VALIC shall furnish a Notice of Receipt of Premium to Employer within 7 days of mceiving funds.
4.2 VALIC shall furnish quarterly confirmation statements of accounts showing activity for the period and the
total valus of each Panicipant's account(s) to (check one below):
a. 7 Panicipants.,diwO
b. _ V the Employer.
4.3 VALIC shall compute and deduct income taxes required by law to be withheld for all distributions.
(check one below):
a. Yes. This option is only available ijyou checked 2.5(a). (proceed to 4.4)
b. No (proceed to Article W)
c. Only for Required Distributions (complete 4.6 and proceed to Article Vll)
4.4 VALIC shall issue the disbursements in accordance with the provisions of the Annuity Contract and the Plan
at the direction of and in amounts specified by the Employer. Such disbursements shall be made payable and mailed to
participants. This does not apply if 4.3(b) was checked.
4.5 Disbursements shall be made from the account maintained by VALIC on behalf of the Employer in accor-
dance with the terms of the Annuity Contract and the Plan, provided, however, that if the Employer terminates the
Annuity Contract. VALIC shall be obligated to make disbursements only to the extent that funds are still available in
the account of the Employer.
4.6 VALIC shall compute and deduct income taxes required by law to be withheld from distributions from the
Plan as may be specified below by the Employer. A report of such withheld taxes will be forwarded by VALIC to the
Internal Revenue Service within the time prescribed by law. This only applies ijyou checked 2S(a).
a. �_ Federal income taxes
(Specify one only): '
wage bracket method for all distributions.
flat 28% rate for all distributions.
wage bracket method for required distributions only.
flat 28% rate for required distributions only.
b. 94N State income taxes
(Specify one only):
wage bracket method for all distributions.
current percentage rate specified by state law for all distributions.
wage bracket method for required distributions only.
current percentage rate specified by state law for required distributions only.
Employer agree% to furnish VALIC a properly completed Withholding Allowance Cenificate (Form W -4) for
each Participant receiving a di%bumcnicnt subject to the wage bracket method of withholding. VALIC will not
withhold Fcdcral income tax for any employee who claim% an exemption from withholding on Form W -4 by
indicating no tax liability for the preceding yeav and none expected for the current year.
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4.7 VALIC shall furnish to each Participant tax reporting form(s) required by the applicable taxing authority
including a statement of gross amounts paid to the Participant and the amount of federal, state and local income tax
withheld by VALIC, if any.
4.8 VALIC shall furnish to the Employer, if applicabic, annual and semi- annual reports for Thc Variable Annuity
Life Insurance Company Separate Accounts) for distribution to Participants.
4.9 VALIC shall establish and maintain records of notifications from Employer concerning Participants who arc
to receive disbursements, gross payments under the Agreement, amounts of federal, state and local income withheld by
VALIC on behalf of the Employer and reports of such income and deposits filed with the appropriate governmental
agencies by VALIC on behalf of the Employer.
ARTICLE V — MISCELLANEOUS
5.1 Term. This Agreement shall become effective immediately upon execution and shall remain in force until ter -
minatcd by either parry as provided below,
5.2 Termination. This Agreement may be terminated by either party upon sixty (60) days written notice to the
other party of the intent to terminate. Upon any such termination. Agent shall deliver to the Employer all records and
reports required by this Agreement.
5.3 Information. VALIC relics on the information provided to it by the Employer or participant, and VALIC will
not be responsible for claims resulting from the use by VALIC of any incorrect or misleading information provided to
it by the Employer or participant.
5.4 Assignment. This Agreement may not be assigned without the written consent of the other party.
5.5 Amendment. The parties may amend this Agreement only in writing. Any such amendment must be approved
by the President or a Vice President of Agent and a person authorized to act on behalf of Employer.
5.6 Notice. Any notice provided for herein shall be in writing and shall be deemed to have been given when
received by personal delivery or United States mail addressed to the Employer at the address given in section 2.3 or to
VALIC at the address below:
Customer Service
Thc Variable Annuity Life Insurance Company
2929 Allen Parkway
Houston. TX 77019
5.7 Governing Law. The laws of the state of Texas shall govern the right.-. and obligations of the panics under this
Agreement.
5.8 Entire Agrccmcnt. This Agreement and any written amendments hereto constitute the entire agreement of the
panics. This Agreement shall supersede all previous communications, reprc%cntations or agreements, either oral or
written, between the panics.
5.9 No Cost to Emoloycr. Thc services rendered by VALIC pursuant to this Agreement shall be performed with-
out additional cost to the Employer other than administrative and sales charges provided for in the Annuity Contract.
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4.7 VALIC shall furnish to each Participant tax reporting form(s) required by the applicable taxing authority
including a statement of gross amounts paid to the Participant and the amount of federal, state and local income tax
withheld by VALIC, if any.
4.8 VALIC shall furnish to the Employer, if applicabic, annual and semi- annual reports for Thc Variable Annuity
Life Insurance Company Separate Accounts) for distribution to Participants.
4.9 VALIC shall establish and maintain records of notifications from Employer concerning Participants who arc
to receive disbursements, gross payments under the Agreement, amounts of federal, state and local income withheld by
VALIC on behalf of the Employer and reports of such income and deposits filed with the appropriate governmental
agencies by VALIC on behalf of the Employer.
ARTICLE V — MISCELLANEOUS
5.1 Term. This Agreement shall become effective immediately upon execution and shall remain in force until ter -
minatcd by either parry as provided below,
5.2 Termination. This Agreement may be terminated by either party upon sixty (60) days written notice to the
other party of the intent to terminate. Upon any such termination. Agent shall deliver to the Employer all records and
reports required by this Agreement.
5.3 Information. VALIC relics on the information provided to it by the Employer or participant, and VALIC will
not be responsible for claims resulting from the use by VALIC of any incorrect or misleading information provided to
it by the Employer or participant.
5.4 Assignment. This Agreement may not be assigned without the written consent of the other party.
5.5 Amendment. The parties may amend this Agreement only in writing. Any such amendment must be approved
by the President or a Vice President of Agent and a person authorized to act on behalf of Employer.
5.6 Notice. Any notice provided for herein shall be in writing and shall be deemed to have been given when
received by personal delivery or United States mail addressed to the Employer at the address given in section 2.3 or to
VALIC at the address below:
Customer Service
Thc Variable Annuity Life Insurance Company
2929 Allen Parkway
Houston. TX 77019
5.7 Governing Law. The laws of the state of Texas shall govern the right.-. and obligations of the panics under this
Agreement.
5.8 Entire Agrccmcnt. This Agreement and any written amendments hereto constitute the entire agreement of the
panics. This Agreement shall supersede all previous communications, reprc%cntations or agreements, either oral or
written, between the panics.
5.9 No Cost to Emoloycr. Thc services rendered by VALIC pursuant to this Agreement shall be performed with-
out additional cost to the Employer other than administrative and sales charges provided for in the Annuity Contract.
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IN WnWESS WHEREOF, the panics have caused this Agreement to be executed to be effective as of the date hereinabove.
EMPLOYER:
'2>P-& LWA
Bv:
HOME OFFICE:
THE VARIABLE ANNUITY LIFE
INSURANCE COMPANY
By:
ARTICLE VI — EMPLOYER NOTICE OF WITHHOLDING
(Signature required if item 4.3b was selected)
Notice is hereby given by the Employer that all disbursements under the above referenced Plan shall be made by
VALIC to Employer in accordance with the annuity contract(s) entered into between VALIC and the Employer under
the Plan in such amounts and at such times as Employer specifies in writing to VALIC. VALIC is hereby released
from the responsibility, if any. of withholding federal and state income taxes from all disbursements made to Employer
under the above referenced Plan.
EMPLOYER:
No.-j — AQ9L�t
Nam
By:
S� =luurc
ARTICLE VII — EMPLOYER NOTICE OF WITHHOLDING
(Signature required if item 4.3c was selected)
Notice is hereby given by the Employer that all disbursements under the above referenced Plan shall be made by
VALIC to Employer in accordance with the annuity contract(s) entered into between VALIC and the Employer under
the Plan in such amounts and at such times as Employer specifics in writing to VALIC. VALIC is hereby released
from the responsibility, if any• of withholding federal and %tatc income taxes from in- %crvrcc and lump sum termination
disbumcntcnts made to Employer under the above referenced Plan. VALIC shall be responsible for withholding fed.
eral and state income taxes from required distributions as outlined in section 4.5 of the agreement.
EMPLOYER:
rIoIJ _ A P PU Gt�[.�
N+ma
By:
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Brazos County
457 DEFERRED COMPENSATION PLAN
ARTICLE I. INTRODUCTION
Brazos County (the "Employer') hereby establishes the Deferred Compensation Plan,
hereinafter referred to as the "Plan ".
The Plan is intended to be an eligible deferred compensation plan under section 457
of the Internal Revenue Code of 1986, as amended. The primary purpose of this Plan is to
attract and retain qualified personnel by permitting them to provide for benefits in the event
of their retirement or death.
Nothing contained in this Plan shall be deemed to constitute an employment
agreement between any Participant and the Employer and nothing contained herein shall be
deemed to give any Participant any right to be retained in the employ of the Employer.
ARTICLE 11. DEFINITIONS
2.01 Account: The bookkeeping account maintained for each Participant reflecting the
cumulative amount of each Participant's Deferred Compensation, including any
income, gains, losses, or increases or decreases in market value attributable to the
Employer's investment of the Participant's Deferred Compensation,'and further
reflecting any distributions to the Participant or the Beneficiary and any fees or
expenses charged against the Participant's Deferred Compensation.
2.02 Agreemen t: A Deferred Compensation Agreement entered into between a Participant
and the Employer and any amendments or modifications thereof. Such Agreement
shall fix the amount of Deferred Compensation. establish the time when the payment
of benefits shall commence, specify the Participant's investment selection with respect
to his Deferred Compensation, designate the Employee's Beneficiary or Beneficiaries
and incorporate the terms, conditions, and provisions of this Plan by reference.
2.03 Annuity Contract: A group fixed, variable or combination fixed and variable annuity
contract issued by The Variable Annuity Life Insurance Company (VALIC) or by any
other licensed life insurance company, and approved for sale in this State, which
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provides for periodic payments at regular intervals, whether for a period certain or
during one or more lives.
2.04 Beneficiary: The Beneficiary or Beneficiaries designated by the Participant in his
Agreement who shall receive any benefits payable hereunder in the event of the
Participant's death. If more than one designated Beneficiary survives the Participant,
payments shall be made equally to the surviving Beneficiaries, unless otherwise
provided in the Agreement. If no Beneficiary is designated in the Agreement, if the
designated Beneficiary predeceases the Participant, or if no designated Beneficiary
survives the Participant for a period of fifteen (15) days, then the estate of the
Participant shall be the Beneficiary. However, a Participant may designate a
contingent Beneficiary (or Beneficiaries) who shall become the Beneficiary under this
Plan in the event that the primary Beneficiary does not survive the Participant for a
period of 15 days.
2.05 Code: The Internal Revenue Code of 1986, as amended.
2.06 Contractor: The Variable Annuity Life Insurance Company (VALIC) or such other
entity as the Employer designates to perform administrative services under this Plan.
2.07 Deferred Compensation: The amount of Normal Compensation otherwise payable
to the Participant which the Participant and the Employer mutually agree to defer
hereunder, any amount credited to a Participant's Account by reason of a transfer
under section 8.01, or any other amount which the Employer agrees to credit to a
Participant's Account, and which does not exceed the Maximum Limitation.
2.08 Employee: Any individual, whether appointed, elected or under contract, providing
services for the Employer for which compensation is paid.
2.09 Employe : Brazos County.
2.10 Includible Compensation: The amount of compensation payable to a Participant from
the Employer which is includible in the Participant's gross income for federal income
tax purposes. Such term does not include any amount excludible from gross income
under this Plan or any other plan described in section 457(b) of the Code or any other
amount excludible from gross income for federal income tax purposes. Includible
gross income shall be determined without regard to any community property laws.
2.11 Maximum Limitation: The maximum amount that maybe deferred under this Plan
for the taxable year of a Participant. Such amount shall be either the Normal
Limitation or Catch -Up Limitation, whichever is applicable.
r
(a) NORMAL LIMITATION: The maximum amount deferred shall not exceed
the lesser of $7,500 or 33 -1/3% of Includible Compensation (ordinarily this
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shall be the equivalent of the lesser of $7,500 or 25% of Normal
Compensation).
(b) CATCH -UP LIMITATION: For each one of the last three (3) taxable years
of a Participant ending before the Participant's attainment of Normal
Retirement Age, the maximum amount deferred for each such year shall be the
lesser of
(1) $15,000; or
(2) the sum of the Normal Limitation, plus that portion of the Normal
Limitation not used in each of the prior taxable years of the Participant
commencing after 1978 in which (i) the Participant was eligible to
participate in this Plan or the plan of another employer, and (ii)
compensation deferred under this Plan (or such other plan) was subject
to the deferral limitations set forth in this section.
A Participant may utilize the Catch -Up Limitation only if he has not'previously
utilized it with respect to a different Normal Retirement Age under this Plan
or any other plan.
(c) OTHER PLANS: The amount excludible from a Participant's gross income
for any taxable year under this Plan or any other plan under section 457(b) of
the Code shall not exceed $7,500 (or such greater amount allowed under
paragraph (b) of this section) less any amount excluded from gross income
under sections 403(b), 402(a)(8), or 402(h)(1)(B) of the Code, or any amount
with respect to which a deduction is allowable by reason of a contribution to
an organization under section 501(c)(18) of the Code.
2.12 Normal ComWnsation: The amount of compensation which would be payable to a
Participant by the Employer if no Agreement were in effect to defer compensation
under this Plan.
2.13 Normal Retirement Age: Age 70 -1/2, unless the Participant has elected an alternative
Normal Retirement Age by written instrument delivered to the Employer prior to
Separation from Service. A Participant's Normal Retirement Age determines the
period during which a Participant may utilize the Catch -Up Limitation of section
2.11(b) hereunder.
Once a Participant has to any extent utilized the Catch -Up Limitation of section
2.11(b), his Normal Retirement Age may not be changed.
A Participant's alternative Normal Retirement Age may not be earlier than the earliest
date that the Participant will become eligible to retire and receive unreduced
ON 1190 Page 3
VOL 3 Af a
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retirement benefits under the Employer's basic retirement plan covering that
Participant and may not be later than the calendar year in which the Participant attains
age 70 -1/2.
If a Participant continues employment after attaining age 70.1/2 not having previously
elected an alternative Normal Retirement Age, the Participant's alternative Normal
Retirement Age shall not be later than the mandatory retirement age, if any,
established by the Employer or the age at which the Participant actually separates
from service if the Employer has no mandatory retirement age.
If the Participant will not be eligible to receive benefits under a basic retirement plan
maintained by the Employer, the Participant's Normal Retirement Age may not be
earlier than attainment of age 55 and may not be later than the calendar year in which
the Participant attains age 70 -1/2.
2.14 participant: Any Employee who has enrolled in this Plan pursuant to the
requirements of Article IV.
2.15 Plan Year: The calendar year.
2.16 Rttirement: The first date upon which each of the following shall have occurred:
Separation from Service and attainment of age 65.
2.17 Separation from Service: Severance of the Participant's employment with the
employer within the meaning of section 402(e)(4)(A)(iii) of the Code.
ARTICLE III. ADMINISTRATION
3.01 This Plan shall be administered by a Committee (the "Committee ") of one or more
persons appointed by the Employer. The Committee shall act as the agent of the
Employer in all matters concerning the administration of this Plan. The Committee
shall have full power to adopt, amend, and revoke such rules and regulations
consistent with and as may be necessary to implement this Plan, to enter contracts on
behalf of the Employer under this Plan, and to make discretionary decisions affecting
the rights or benefits of Participants under section 6.06 of this Plan.
3.02 Any Employee who is charged with administrative responsibilities hereunder may
participate in the Plan under the same terms and conditions as apply to other
Employees. However, he shall not .have the power to participate in discretionary
action taken with respect to his participation under section 6.06 of this Plan.
E�
3.03 The Employer may enter into an agreement with a Contractor to provide
nondiscretionary administrative services under this Plan for the convenience of the
Q0C 1190 Page 4
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Employer including, but not limited to, the enrollment of Employees as Participants,
the maintenance of Accounts and other records, the making of periodic reports to
Participants, and the disbursement of benefits to Participants.
ARTICLE IV. PARTICIPATION IN THE PLAN
4.01 An Employee becomes a Participant when he has executed and entered into an
Agreement with the Employer.
4.02 An Employee may become a Participant as of the first day of any calendar month by
entering into an Agreement with respect to compensation not yet earned. A new
Employee may become a Participant on the first day of employment by entering into
an Agreement on or before the first day of employment with respect to compensation
not yet earned.
4.03 The Agreement shall defer compensation not yet earned, and each Agreement must
be made on or before the beginning of the month in which it is to become effective
or on or before the first day of employment, with respect to a new employee.
4.04 At the time of entering into or amending an Agreement hereunder, a Participant must
agree to defer a minimum amount per month as specified by the Committee.
4.05 A Participant may not amend or modify an executed Agreement to change the amount
of Deferred Compensation except with respect to compensation to be earned in the
subsequent calendar month and provided that notice is given prior to the beginning
of the month for which such change is to be effective. A Participant may change the
Beneficiary designated in his Agreement at any time by giving notice to the
Employer.
4.06 A Participant may revoke his Agreement and thereafter be restored to his Normal
Compensation in the subsequent calendar month, by giving notice to the Employer
prior to the beginning of the month for which such revocation is to be effective.
4.07 A Participant who returns to active service with the Employer after a Separation from
Service, or who has revoked his Agreement under section 4.06, may again become
an active Participant by executing a new Agreement with the Employer prior to the
beginning of the calendar month as to which it is to be effective.
4.08 Compensation may continue to be deferred under this Plan with respect to a
Participant who is on an approved leave of absence from the Employer with
compensation, and all of the rules of this Article shall apply with respect to making,
amending or revoking any Agreement for such a Participant. If a Participant is
absent from work without compensation for a period of not more than six months,
(IOC 1190 Page 5
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whether by reason of illness, strike, lockout, shutdown or otherwise, his Agreement
will remain in effect and compensation will again be deferred thereunder when he
returns to work.
ARTICLE V. INVESTMENT OF DEFERRED COMPENSATION
5.01 For the purposes of satisfying its obligation to provide benefits under this Plan, the
Employer may invest the amount of compensation deferred by each Participant in
Annuity Contracts as specified in Participants' Agreements. However, nothing in this
section shall require the Employer to invest Deferred Compensation in any particular
form of investment. All Annuity Contracts and other investments held by the
Employer with respect to this Plan, including all property or rights purchased with
Deferred Compensation and all income attributable thereto, shall be the sole property
of the Employer, and shall not be held in trust for Participants or as collateral or
security for the fulfillment of the Employer's obligation under this Plan. Any such
investments shall be subject to the claims of all creditors of the Employer, and no
Participant or Beneficiary shall have any vested interest or secured or preferred
position with respect to such investments or have any claim against the Employer
except as a general creditor.
5.02 The benefits paid to a Participant or Beneficiary pursuant to Article VI of this Plan
shall be based upon the value of the Participant's Account. In no event shall the
Employer's liability to pay benefits exceed the value of the Participant's Account, and
the Employer shall not be liable for losses arising from depreciation or shrinkage in
the value of any investments acquired under this Plan.
5.03 Each Participant shall receive periodic reports, not less frequently than annually,
showing the then- current value of his Account.
ARTICLE VI. BENEFITS
RETIREMENT BENEFITS AND ELECTION ON SEPARATION FROM SERVICE
6.01 Except as otherwise provided in this Article, the distribution of a Participant's
Account shall commence April 1 of the calendar year following the calendar year of
the Participant's Retirement, and such distributions shall be made in accordance with
one of the payment options described in section 6.02. Notwithstanding the foregoing,
the Participant may irrevocably elect within 60 days following Separation from
Service to have the distribution of such Retirement benefits commence on the first
day of a specified calendar month that is (i) no earlier than 61 days after the
Participant's Separation from Service or 30 days after the election is made, whichever
is later, and (ii) no later than April 1 of the calendar year following the year of the
Participant's Retirement or attainment of age 70 -1/2, whichever is later. A
Participant's election of a benefit commencement date that is made in his Agreement
www ..ww n___ n
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prior to Separation from Service may be changed at any time up until the 60th day
following the Participant's Separation from Service, after which the election shall
become irrevocable, provided, however, that if the designated benefit commencement
date has passed prior to the Participant's Separation from Service, the election shall
have no effect, and the benefit commencement date shall be determined under the fast
sentence of this section.
PAYMENT OPTIONS
6.02 A Participant (or a Beneficiary as provided in section 6.05) may elect to have the
value of the Participant's Account distributed in accordance with one of the following
payment options provided that such option is consistent with the limitations set forth
in section 6.03:
(a) Life Annuity;
(b) Life Annuity with 60, 120, or 180
monthly payments guaranteed;
(c) Unit Refund Life Annuity;
(d) Joint and Last Survivor Annuity (spouse only);
(e) Lump Sum;
(f) Term Certain Annuity with 36, 48, 60, 72, 84, 96, 108, 120,
132, 144, 156, 168, or 180 monthly payments guaranteed;
(g) Any other method of payment agreed upon
between Participant and Employer.
The election of a payment option must be made at least 30 days before the payment
of benefits is to commence. If a Participant fails to make a timely election of a
payment option, benefits shall be paid under a Life Annuity with 120 monthly
payments guaranteed.
LIMITATION ON OPTIONS
6.03 No payment option may be selected by the Participant (or a Beneficiary) unless it
satisfies the requirements of Code sections 401(a)(9) and 457(d)(2), including that
payments commencing before the death of the Participant shall satisfy (i) the
incidental death requirement under Code section 457(d)(2)(B)(i)(I), and (ii) the
substantially nonincreasing requirement of Code section 457(d)(2)(C). For purposes
of determining required distributions under section 401(x)(9) of the Code, and
IIOC 1190 Page 7
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applicable regulations, in the event no recalculation election is made, life expectancy
of a Participant and his spouse will be recalculated (except in the case of a life
annuity), but no more than once each year.
POST- RETIREMENT DEATH BENEFITS
6.04 Should the Participant die after he has begun to receive benefits under a payment
option, the guaranteed or remaining payments, if any, under the payment option shall
be payable to the Participant's Beneficiary commencing with the first payment due
after the death of the Participant. Payment to the Participant's Beneficiary must be
made at least as rapidly as under the method of distribution in effect at the time of the
Participant's death. If the Beneficiary does not continue to live for the remaining
period of payments under the payment option, then the remaining benefits under the
payment option shall be paid to the Beneficiary's estate. In no event shall the
Employer be liable for any payments made in the name of the Participant or a
Beneficiary before the Employer or its agent receives proof of the death of the
Participant or Beneficiary.
PRE - RETIREMENT DEATH BENEFITS
6.05 Should the Participant die before he has begun to receive benefits under section 6.01,
a death benefit equal to the value of the Participant's Account shall be payable to the
Beneficiary commencing on the 61st day following the Participant's death, unless the
Beneficiary elects a later commencement date within 60 days of the Participant's
death. Such benefit commencement date shall not be later than that permitted under
sections 401(a)(9), 457(d)(2) of the Code, and the regulations thereunder. Such death
benefit shall be paid in a lump sum unless the Beneficiary makes a timely election of•
a different payment option. The payment option chosen by the Beneficiary must
provide for payments to the Beneficiary over a period no longer than the life or life
expectancy of the Beneficiary, provided that such period may not exceed 15 years if
the Beneficiary is not the Participant's spouse. Should the Beneficiary die before the
completion of payments under the payment option, the value df the remaining
payments under the payment option shall be paid to the estate of the Beneficiary.
UNFORESEEABLE EMERGENCY WITHDRAWALS
6.06 Except as provided in this section, no amount shall be distributable to a Participant
or Beneficiary prior to the Participant's Separation from Service. In the event of an
unforeseeable emergency before or after. Separation from Service or the
commencement of Retirement Benefits, a Participant may apply to the Employer to
receive that part of the value of his Account which is reasonably needed to satisfy the
emergency needs. If such application for withdrawal is approved by the Employer,
the Employer shall pay the Participant such value as the Employer deems necessary
to meet the emergency needs. An unforeseeable emergency involves only
I= 1190 Page 8
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circumstances of sudden and unexpected illness or accident of the Participant or a
dependent, loss of property due to casualty, or other similar extraordinary or
unforeseeable circumstance arising as a result of events beyond the control of the
Participant which would cause severe financial hardship to the Participant if early
withdrawal were not permitted. Payment may not be made to the extent that such
hardship is or may be relieved by other financial resources available to the
Participant, including insurance reimbursement, cessation of deferrals under this Plan
or liquidation of other assets, to the extent the liquidation of such assets would not
itself cause severe financial hardship. Unforeseeable emergencies do not include the
need to send a child to college or the desire to purchase a home.
TRANSITIONAL RULE FOR PRE -1989 BENEFIT ELECTIONS
6.07 In the event that, prior to January 1, 1989, a Participant or Beneficiary has
commenced receiving benefits under a payment option or has irrevocably elected a
payment option or benefit commencement date, that payment option or election shall
remain in effect notwithstanding any other provision of this Plan.
ARTICLE VII. NON - ASSIGNABILITY
i IN GENERAL
7.01 Except as provided in section 7.02, no Participant or Beneficiary shall have any right
to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right
to receive any payments hereunder, which payments and rights are expressly declared
t to be non - assignable and non - transferable.
E
t DOMESTIC RELATIONS ORDERS
3
( 7.02 (a) Allowance of Transfers: To the extent required under a final judgment, decree,
1 or order (including approval of a property settlement agreement) made pursuant to
a state domestic relations law, any portion of a Participant's Account may be paid or
set aside for payment to a spouse, former spouse, or child of the Participant. Where
necessary to carry out the terms of such an order, a separate Account may be
` established with respect to the spouse, former spouse, or child who shall be entitled
to make investment selections with respect thereto in the same manner as the
Participant; any amount so set aside for a spouse, former spouse, or child shall be
! paid out in a lump sum at the earliest date that benefits may be paid to the Participant,
unless the order directs a different time or form of payment. Where the final
judgment, decree or order does not define a form or time of payment that is available
under this Plan, the Employer or Contractor shall have the right to interpret the final
judgment, decree or order in a manner that is consistent with the terms of this Plan.
Nothing in this section shall be construed to authorize any amount to be distributed
ODC 1190
Page 9 °
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under this Plan at a time or in a form that is not permitted under section 457 of the
Code. Any payment made to a person other than the Participant pursuant to this
section shall be reduced by required income tax withholding; the fact that payment
is made to a person other than the Participant may not prevent such payment- from
being includible in the gross income of the Participant for withholding and income
tax reporting purposes.
(b) Release from Liability to Participant: The Employer's liability to pay benefits
to a Participant shall be reduced to the extent that amounts have been paid or set aside
for payment to a spouse, former spouse, or child pursuant to paragraph (a) of this
section. No such transfer shall be effectuated unless the Employer or Contractor has
been provided with satisfactory evidence that the Employer and the Contractor are
released from any further claim by the Participant with respect to such amounts. The
Participant shall be deemed to have released the Employer and the Contractor from
any claim with respect to such amounts. in any case in which (i) the Employer or
Contractor has been served with legal process or otherwise joined in a proceeding
relating to such transfer, (ii) the Participant has been notified of the pendency of such
proceeding in the manner prescribed by the law of the jurisdiction in which the
proceeding is pending for service of process in such action or by mail from the
Employer or Contractor to the Participant's last known mailing address, and (iii) the
Participant fails to obtain an order of the court in the proceeding relieving the
Employer or Contractor from the obligation to comply with the judgment, decree, or
order. The Participant shall also be deemed to have released the Employer or
Contractor if the Participant has consented to the transfer pursuant to the terms of a
property settlement agreement and /or a final judgment, decree, or order as described
in paragraph (a).
(c) Participation in Legal Proceediing,: The Employer and the Contractor shall not
be obligated to defend against or set aside any judgment, decree, or order described
in paragraph (a) or any legal order relating to the garnishment of a Participant's
benefits, unless the full expense of such legal action is borne by the Participant. In
the event that the Participant's action (or inaction) nonetheless causes the Employer
or Contractor to incur such expense, the amount of the expense may be charged
against the Participant's Account and thereby reduce the Employer's obligation to pay
benefits to the Participant. In the course of any proceeding relating to divorce,
separation, or child support, the Employer and Contractor shall be authorized to
disclose information relating to the Participant's Account to the Participant's spouse,
former spouse, or child (including the legal representatives of the spouse, former
spouse, or child), or to a court.
QDC 1190 . - Page 10
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ARTICLE VIII. TRANSFERS
TRANSFERS FROM OTHER PLANS
8.01 This Plan shall accept amounts deferred by an individual under another eligible
deferred compensation plan pursuant to section 457 of the Code. Any such
transferred amount shall not be treated as a deferral subject to the limitations of
section 2.11. except that, for purposes of applying the limit of section 2.11, an
amount deferred during any taxable year under the plan from which the transfer is
accepted shall be treated as if it had been deferred under this Plan during such taxable
year and compensation paid by the transferor employer shall be treated as if it had
been paid by the Employer.
TRANSFERS TO OTHER PLANS
8.02 A Participant may elect to have any portion of the amount payable to him transferred
to another eligible deferred compensation plan. This election must be made before
the earliest date that deferred amounts would otherwise be payable to the Participant
under this Plan.
ARTICLE IX. AMENDMENT OR TERMINATION OF PLAN
The Employer may at any time amend or terminate this Plan, provided, however, that such
amendment or termination shall not impair the rights of Participants or their Beneficiaries
with respect to any compensation deferred before the date of the amendment or termination
of this Plan except as the same may apply to maintaining the privileged tax status of the Plan.
Participants shall thereafter receive their Normal Compensation and benefits shall be paid as
provided in Article VI.
If this Plan document cu.utitutes an amendment and restatement of the Plan as previously
adopted by the Employer, the amendments contained herein shall be effective as of
. and the terms of the preceding plan document shall remain in
effect through
ARTICLE X. RELATIONSHIP TO OTHER PLANS
I .
This Plan serves in addition to any other retirement, pension or benefit plan or system
presently in existence or hereinafter established.
ODC 1190 Pape 11
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ARTICLE M. APPLICABLE LAW
This Plan shall be construed under the laws of the State of TEXAS.
IN WITNESS WHEREgF, the Employer has caused this Plan to be signed by its duly
authorized officers, on this .2k: day of , 19.M.
EFFECTIVE the io day of Mc-w c N , 19-Is
By: A(V, n
TITLE:��
ATTEST:
By:
P�-s It ML "
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DEFERRED COMPENSATION AGREEMENT
This Agreement is made by and between ('Employer') and
('Participant').
The parties agree to and acknowledge the following:
A, The Participant confirms that he has received a copy of the Employer's Deferred Compensation Plan
and has reviewed and understands all of the terms, provisions, and conditions of the Plan, all of which are hereby
incorporated into this Agreement.
B. Commencing , 19_, the Participant agrees to defer the right to receive compensation
to the extent of $ (per _� in return for the benefits specified in the Plan and this Agreement
authorizes the Employer to so reduce his compensation.
C. The Participant's benefits under the Plan shall be based upon the amounts credited to the Participant's
Account, which shall reflect the Employer's investment of the Participant's Deferred Compensation. For this
purpose, the Participant requests that the Employer invest the Participant's Deferred Compensation under a group
annuity contract issued by The Variable Annuity Life Insurance Company to be allocated as follows: _% fixed;
variable (specify desired percentages).
D. The Participant elects the following date for the commencement of benefits after Separation from
Service: . The Participant may change this election at any time up until 60 days following Separation
from Service, at which time the election shall become irrevocable. The date selected may be (i) no earlier than the
61st day following the Participant's Separation from Service with the Employer. and (ii) no later than April I of the
year following the year in which the Participant attains age 70-1/2 or Separates from Service with the Employer,
whichever is later.
E. The Participant's benefits shall be paid under a payment option a0ailable under the Plan that is selected
by the Participant at least 30 days before the benefit commencement date.
F. The Participant designates the following Beneficiary (or Beneficiaries) in accordance with Article VI
of the Plan (specify full nti, re)ationshin, and address
Primary:
Contingent:
Dated this day of . 19_
Participant
Employer:
Name:
By:
Address:
Title:
SS#:
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AMENDMENTTO
DEFERRED COMPENSATION PLAN
(GOVERNMENTAL EMPLOYER)
I. INTRODUCTION
(hereinaf er, he'Employer^ hereby executds this amendment In connection with the
(hereinafter, the 'Plan") pursuant to sdcbon 457 of the Internal Revenue Code of 1986, as amended (the
'Code').
II. PLAN ELECTIONS
2.01 Effective Date. (Check one)
[� This amf dment is executed in connection with a new Plan and the effective date is
0 /a ?j
[ J This is an amendment to an existing Plan, which was established effective
The effective date of this
amendment is
2.02 Exclusive Benefit. Amounts held under this Plan shall be held in trust, in annuity contracts, or in
one or more custodial accounts for the exclusive benefit of Plan participants and their
beneficiaries as described In section 3.01. (Check one)
[V� Yes. If this amendment Is executed in connection with a new Plan established effective
on or after August 20, 1996, this option Mug be selected.
[ J No. Section 3.01 shall not apply to this Plan. If this option is selected, the Plan will
require further amendment by January 1, 1999:
2.03 Distribution without oarticioant's consent. Small accounts of certain inactive participants may be
distributed without the participants' consent as described In section 3.02. (Check one)
[ J Yes, if the total amount payable to a participant under the Plan does not exceed
(insert an amount up to $3,500).
No. Section 3.02 shall not apply to this Plan.
2.04 Participant's election to receive distribution of account balance. A participant may elect to receive
a distribution of his account balance as described In section 3.03. (Check one)
Yes, if the total amount payable to a participant under the Plan does not exceed
*3e500 (insert an amount up to $3,500).
[ J No. Section 3.03 shall not apply to this Plan.
2.05 Irrevocable election. (Check one) The additional election to defer commencement of benefits
as described In section 3.04 is available to participants.
[ of Yes.
( ) No. Section 3.04 shall not apply to this Plan.
QDC -Amend
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111. PLAN PROVISIONS
3.01 Notwithstanding any provision of the Plan to the contrary, if the Employer so elects under section
2.02:
(a) As of the date of this amendment, all amounts currently or thereafter held under the Plan,
Including amounts defe,rad and earnings or other accumulations attributable thereto, shall
be held for the exclusive benefit of Plan participants and beneficiaries (i) in annuity
contracts, or (ii) in trust or in one or more custodial accounts pursuant to one or more
separate written instruments. Any such annuity contract, trust, or custodial account must
satisfy the requirements of section 457(g)(1) of the Code. For purposes of this
amendment, the terms participant and beneficiary shall be understood to refer also to
contingent beneficiaries and /or spouses, former spouses, or children of participants for
whose benefit amounts are being held under the Plan pursuant to the terms of a domestic
relations order which has been recognized under the terms of the Plan.
(b) In adopting this amendment, the Employer irrevocably renounces, on behalf of the
Employer, its successors or its assigns, any claim or right which it may have retained to
use amounts held under the Plan for its own benefit or for the benefit of its creditors. This
amendment shall constitute instruction to the issuer of any annuity contracts purchased
under the Plan to record upon its records that such contracts are held by the Employer for
the exclusive benefit of participants and beneficiaries. Any discretionary authority
reserved to the Employer (or to any administrator or adminstrative committee) under the
Plan or under any annuity contract held under the Plan, to the extent the exercise thereof
would otherwise be inconsistent with this amendment, shall be exercised for the exclusive
benefit of Plan participants and beneficiaries. Any issuer of an annuity contract held
under the Plan shall have no authority to pay any amounts from such contracts to any
creditor of the Employer, and shall have no duty to inquire into the validity of any request
by the Employer or by an administrator or administrative committee for distribution of
amounts for the benefit of a participant or a beneficiary under the Plan.
(c) Amounts held under the Pla,i pursuant to the preceding paragraph shall continue to be
subject to Plan prohibitions against assignment, alienation, anticipation, conveyance, or
encumbrance of any type by a participant or beneficiary, except as otherwise provided
under the Plan.
(d) In the event of a request by a participant for a transfer to a plan under which amounts are
not held in the manner described in paragraph (a), such transfer shall be permitted only if
otherwise permitted by the Plan and applicable law. In no event may the Employer cause
such a transfer to be made, except at the request of a participant
(e) Responsibility for the selection of investment alternatives for Plan assets shall be retained
by the Employer, and the Employer shall have the right to modify the selection of
investment alternatives from time to time. However, participants and beneficiaries may
allocate amounts held in their accounts or otherwise credited for their benefit under the
Plan among the investment alternatives selected by the Employer, and the Employer shall
cause such amounts to be so allocated within a reasonable time after the receipt of
participant instructions, or may instruct the issuer, trustee, or custodian to accept such
allocation instructions directly from participants and beneficiaries as representatives of the
Employer.
3.02 Distribution without participant's consent. If the Employer so elects under section 2.03, the
total amount payable to a participant under the Plan may be distributed to the participant without
his or her consent It
QDC -Amend 2 2 3
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(a) such amount does not exceed $3,500 (or such lesser amount as may be elected by the
Employer under section 2.03), and
(b) no amount has been deferred under the Plan with respect to the participant during ft
two-year period ending on the date of the distribution, and
(c) there has been no prior distribution under the Plan to the participant under this section
3.02 or under section 3.03.
3.03 Pprticioant'a election to receive distribution. If the Employer so elects under section 2.04, a
participant may elect to receive a distribution of the total amount payable to him or her under the
Plan it
(a) such amount does not exceed $3,500 (or such lesser amount as may be elected by the
Employer under section 2.04), and
(b) no amount has been deferred under the Plan with respect to the participant during the
two-year period ending on the date of the distribution, and
(c) there has been no prior distribution under the Plan to the participant under this section
3.03 or under section 3.02.
3.04 Irrevocable election. If the Employer so elects under section 2.05, notwithstanding a
participant's prior irrevocable election to defer payment of any or all amounts under this Plan as
provided by section 457 of the Code and the Treasury regulations thereunder, any such
participant may elect to defer commencement of distributions under this Plan if.
(a) the election is made after amounts may be available under the Plan in accordance with
section 457(d)(1)(A) of the Code, and before commencement of such distributions, and
(b) there has been no prior election by such participant under this section 3.04.
3.05 Qeferral limitation. The maximum amount that may be deferred under the Plan with respect
to any participant for any taxable year shall be adjusted for cost -of living increases in accordance
with section 457(e)(15) of the Code.
1� Signed by:
Name (printed): Algin W d'i{
Title: l Vu. r1 .eV a� A I
Employers name: �(L a7 v� !.VILA 4 -
On the -Qq t� day of
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QDC -Amend 3
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1. APPLICANT (check one): dEmployer ❑ Other
(SPECIFIC
Name (exact legal): QA-7—ZS nor
Mailing Address: Boo 24 -� Tax I.D. No.: _24-{t 00 043 3
NO. STREET
e-
�17_4A I X r%'7�0� Telephone No.: ( 01
CITY I STATE (ABV) ZIP CODE AREA CODE
2.OWNERSHIP /CONTROL
For Deferred Compensation: Employer
�Fo/r °'her Plan Types (check one):
LJ Employer
❑ Trustee
❑ Other.
4. TYPE OF ORGANIZATION (check one):
❑ PS
— Public Educational Institutions
❑ NP
— Non - Profit Organizations (check one):
h t .
0501(c)(3)* O Other
—Private Profit Organizations
�❑.,/PFP
U7 SLGOV —State and Local Governments
❑ SELF
—Self Employed Individuals
Nature of Business:
'ATTACH IRS DETERMINATION LETTER.
3. TYPE OF PLAN (check one):
❑ 403(b) Voluntary Deferred Annuity
❑ 403(b) State Optional Retirement Plan
❑ 403(b) Employer Retirement Plan
56 Deferred Compensation Plan (check one):
M 457 Public Employer O 457 Private Non -Profit
O Other.
❑ 401(a) or 403(a) Employer Retirement Plan
❑ 401(a) or 403(a) Self Employed Retirement Plan
❑ Other.
Name of Plan_ 130
S. ADDITIONAL INFORMATION/REQUESTS
6. STATEMENTS /AGREEMENTS FOR GROUP FIXEDNARIABLE ANNUITY CONTRACTS
A current prospectus for the Company's Separate Account for the contract was provided with this application. Also. a current
prospectus was provided for each Fund applicable to this plan. The prospectus for the Separate Account provides sales
expenses and other data. It is understood that annuity payments (and termination values. if any) provided by the contract
applied for are variable and not guaranteed as to dollar amount when based on the investment experience of the Company's
Separate Account.
Dated at aA4 2k,0 >L &.5
%(CITY. STATE)
4
• AP SI TURE
V\ C_ 11A 00
VA SM
AGENT NAME (PLEASE PRINT)
MANAGER SIGNATURE
SIGNATURES
Date: )5Q A4Z4 JJW , 19 Y+AP--.
e J�
PLICAPO TITLE
//461,5
AGENT SIGNATURE DATE
Tf
13 i g,; ��°,3,
GROUP No
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GROUP No
*ME ct �\
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Department of the Treasury - Internal Revenue Service
=orm 2678 Employer Appointment of Agent OMB Number
1545 -0748
Rev. October 1993) Under Section 3504 of the Internal Revenue Code Expires: 10 -31 -96
(For use by employers or payers)
1
To
Director
in kC-e f cd_'�PUMWService Center
Instructions
Employer or Payer: Please complete
this form and give it to the agent.
Agent: Please attach a letter request-
ing authority to do either all that is
required of the employer for wages
you pay on the employer's behalf or
all that is required of the payer for
requirements of backup withholding.
(See applicable Revenue Procedures 70.6 or
84 -33.) Forward both the letter of
request and Form 2678 to the Director
of the Internal Revenue Service Center
where l
Note: Rev. Proc. 70.6 is available in Publication 1271 and Rev. Proc. 84.33 is available in Y o u fi e your returM. lSeereverse
Publication 1272. side for addresses.)
Emoiover s or Paver s name
, ) E a Z.9'_-, (_: D lu-n +
4 Emoiover identification numa
(7,4- (0 0 00453
3. Emolover's or Paver's address lNumberana street. crW, town oromeolace.store
end ZIP cowl
3 0 o Zt,-th Sl
3 a, 3✓\ , —I>- '3 t? 8 05
5. Agent s name 6. Agent's address INumoer and stntet, city, town *roost office. Saar and ZIP cowl
Variable Annuity Life Insuranc Company P.O. Box 3206
7. Agent's empiover identification number Houston TX 77253
74- 1625348
8. Effective for )mist+ inaooa orooxes tnaraoo(ri 9. If filing under Rev. Proc. 10. Effective date of appointment by
70.6, does this apply to employer Or payer
8 Employment taxes IRay. Proc_ 70.6) all employees?
Backup withholding (Rev. Proc_ 84-33) U1 Yes ❑ No 3/0/1-0
Under section 3504 of the Internal Revenue Code, Signature of employer or payer Date
Please authorize this agent to do all that is required n
under (Check the one(s) that apply) tt (U i A W . J J ✓1 e
❑ Chapter 21 (FICA) Title of signing official !Indicate wdtetner the person signing is ass owner,
Chapter 22 /Reeirood Rerin.rnenu permer, member of firm, fiduciary, or a corporate officer.)
Chaoter 24-
tQ Withholding and /or J .ice
LJ Backuo withholding
Chapter 25 /Goneret Provisions) of Subtitle C
The agent named above has been appointed either
to pay wages for employers and /or report and
deposit backup withholding amounts for payers.
This appointment is effective on the date shown
in Item 10.
It is understood that the agent and the employer
or payer are subject to all provisions of law and
regulations (including penalties) which apply to
employers or payers.
IFor Internal Revenue Service Use Only
Effective date granted /�
by IRS 10. [ _
For the aperw� ork Reducnon Vitt please see the back of this form.
Cataloo Nunv -r 11117700 Fwm 2678 (Rev. 10-93%
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Paperwork Reduction Act Notice
We ask for this information to carry out the Internal Revenue laws of the United States. We need it
to ensure that taxpayers are complying with these laws and to allow us to figure and collect the
right amount of tax. You are required to give us this information. The time needed to complete
this form will vary depending on individual circumstances. The estimated average time is: 30 minutes.
f' If you have comments concerning the accuracy of this time estimate or suggestions for making this
form more simple, we would be happy to hear from you. You can write to both the Internal Revenue
Service, attn: Reports Clearance Officer, PC:FP, Washington. OC 20224, and the Office of
Management and Budget, Paperwork Reduction Project (1545-0748), Washington, DC 20503.
Do not send this form to either of these offices. Insteaa, send it to the Director of the Internal
Revenue Service Center where you file your returns.
1
File with the
Internal Revenue
- Service Center at
Holtsville, NY 00501
Andover, MA 05501
Philadelphia, PA 19255
Atlanta, GA 39901
Cincinnati, OH 45999
Austin, TX 73301
Ogden, UT 84201 ,
Kansas City, MO 64999
Fresno, CA 93888
-
VOL.
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AGREEMENT
This Agreement is between the City of College Station, Texas, a home -rule city
created under the laws of the State of Texas ( hereafter referred to as "the City ") and
Brazos County, Texas, a county existing under the laws of the State of Texas (hereafter
referred to as "the County ").
ARTICLE 1
The City has created Tax Increment Finance Reinvestment Zone No. 7
(hereinafter "the T1F ") to spur economic growth in the Wolf Pen Creek area and to
construct a conference center to be owned by the City. Reinvestment Zone No. 7 was
established in Ordinance No. 2290, attached and incorporated hereto as Exhibit "A ".
ARTICLE 11
The County, pursuant to Texas Tax Code §311.01 et seq., may participate in and
contribute a portion of its tax rate to Reinvestment Zone No. 7. The County hereby
agrees to participate in and contribute to Reinvestment Zone No. 7, its full tax rate, which
is currently forty-one and 74/100 cents (41.74¢) per One Hundred and No /100 Dollars
($100.00), less the amount of the tax rate pledged directly to debt service, said amount
currently being four and one -half cents (4.5¢). Thus, the County agrees to contribute
currently thirty-seven and 24/100 cents (37.24¢) to the Tax Increment Fund for
Reinvestment Zone No. 7 (hereinafter "the Fund "). However, both the County and the
City agree that the tax rate and the portion of the tax rate pledged directly to debt service
are subject to change and the contribution herein pledged by the County to the Fund shall
change as both its tax rate and tax rate pledged to debt service changes.
ARTICLE III
The contribution of the County referenced in Article 11 is subject to the following
conditions;
(a) The City shall pledge one hundred percent (100 %) of its hotel /motel tax
generated by the properties located in the TIF to the Fund. The City
agrees to pledge resources adequate to pay annual debt service for any
bonds issued with respect to this Agreement. If the City fails to fulfill this
condition, the County's obligation to contribute to the Fund shall
terminate immediately.
(b) The purpose for Reinvestment Zone No. 7 is to fund construction and to
equip a city -owned conference center. The conference center will be
constructed adjacent to a full- service hotel and an office building. This
development is intended to facilitate growth of the local economy. If the
purpose of Reinvestment Zone No. 7 changes or additions are made to the
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project plan, then the County's obligation to contribute to the Fund shall
terminate immediately. The preliminary project plan is attached in Exhibit
"B ". When the final project plan is completed and approved by the
College Station City Council, it will be incorporated and attached hereto
as Exhibit "C ".
(c) The City shall not request that the County participate in any additional tax
increment finance reinvestment zones in either wolf Pen Creek or its
surrounding area during the term of the TIF.
(d) Notwithstanding anything herein or in the Project Plan to the contrary, the
County's contribution to the Fund shall not be used to pay any "Project
Costs" as that term is defined in the Texas Tax Code §311.002, except the
cost of repaying the bond(s) to be issued in connection with the TIF and
all interest accruing thereon.
(e) The City shall be required to enter into a final agreement with the private
developer of Reinvestment Zone No. 7 which will specifically guarantee a
minimum investment of Twenty-one Million and No /100 Dollars
($21,000,000.00) by the private developer. The private developer is
obligated to guarantee a minimum investment of Twenty-one Million and
No /100 Dollars ($21,000,000.00) in a Memorandum of Understanding
between the City and the private developer. Said Memorandum of
Understanding is incorporated and attached hereto as Exhibit "D ". If the
City fails to fulfill this condition, or the Developer fails to fulfill its
guarantee, the County's obligation to contribute to the Fund shall
terminate immediately.
(f) The City shall require as part of its Management Contract with DePalma
Hotel Corporation, that DePalma Hotel Corporation accept the "Booking
Policy" proposed and developed for the Convention Center by the City.
(g) As evidenced in Exhibit "A ". the County's obligation to contribute to
Reinvestment Zone No. 7 shall terminate at the time all bonds and interest
thereon have been paid in full.
(h) In the event that one or more of these conditions is not fulfilled by the
City, the County's obligation to contribute to the Fund shall terminate
immediately.
ARTICLE IV
No waiver or deferral by either party of any term or condition of this Agreement
shall be deemed or construed to be a waiver or deferral of any other term or condition or
subsequent waiver or deferral of the same term or condition.
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ARTICLE V
This Agreement may only be amended by written instrument approved- and
executed by the parties.
ARTICLE VI
This Agreement and the rights and obligations contained herein may not be
assigned by the assigning party without the prior written approval of the non - assigning
ply.
ARTICLE VII
Any terms or provisions of this Agreement which shall prove to be invalid, void
or illegal shall in no way effect, impair or invalidate any other term or provision herein
and such remaining terms and provisions shall remain in full force and effect.
ARTICLE VIII
The parties hereby state that they have read the terms of this Agreement and
hereby agree to the conditions contained herein.
BRAZOSCOUNTY
By:
Judge 'Alvin W. JoqpKCounty Judge Date
CITY OF COLLEGE STATION
By: e 14_G_
Lynn cllhaney, Mayor Date
ATTEST:
By: eolku,
Connie Hooks, City Secretary Date
3 3 02 3 9
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APPROVED:
cj
Geor oe, City Manager Date
City Attorney Date
hector of Fisca ervices Date
97•3068 PEM /ds
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EXHIBIT "A"
ORDINANCE NO. 2290
AN ORDINANCE DESIGNATING THE WOLF PEN CREEK CORRIDOR IN COLLEGE
STATION, TEXAS, AS REINVESTMENT ZONE NO. 7, CITY OF COLLEGE STATION,
TEXAS, ENUMERATING THE QUALIFYING CRITERIA, ADOPTING A PRELIMINARY
DEVELOPMENT AND FINANCING PLAN, ESTABLISHING A BOARD OF DIRECTORS
FOR SUCH ZONE, AND OTHER MATTERS RELATING THERETO; PROVIDING FOR A
SEVERABILITY CLAUSE AND AN OPEN MEETINGS CLAUSE.
WHEREAS, the City of College Station gave notice on the 3rd day of October, 1997, to the tax-
ing units, College Station Independent School District and Brazos County, of its intent to
consider the implementation of a tax increment financing district, a reinvestment zone, in the
area of the Wolf Pen Creek Corridor; and provided more than sixty (60) days notice of a meeting
to be held on December 11, 1997 at the City of College Station;
WHEREAS, on October 6, 1997, the College Station City Council directed staff to meet with
designated representatives from the College Station Independent School District and Brazos
County and these meetings took place to discuss the implementation of Reinvestment Zone No.
7;
WHEREAS, on November 4, 1997, the voters of the City of College Station passed a referendum
authorizing the City of College Station to proceed with the construction of a conference center;
WHEREAS, on November 14, 1997, representatives of the City of College Station met with
designated representatives from the College Station Independent School District and Brazos
County and these meetings took place to discuss the implementation of Reinvestment Zone No.
7;
WHEREAS, on November 17, 1997, City staff made a formal presentation to the College Station
Independent School District Board of Trustees concerning the reinvestment zone. The presenta-
tion included a description of the proposed boundaries of the zone, the tentative plans for the
development or redevelopment of the zone, and an estimate of the general impact of the proposed
zone on property values and tax venues. The Board of Trustees unanimously approved participa-
tion in the reinvestm -nt zone;
WHEREAS, on November 18, 1997, City staff made a formal presentation to the Brazos County
Commissioners Court concerning the reinvestment zone. The presentation included a description
of the proposed boundaries of the zone, the tentative plans for the development or redevelopment
of the zone, and an estimate of the general impact on prgperty values and tax revenues;
WHEREAS, on December 1, 1997, notice of a public hearing to be held on December 11, 1997
was published in the Bryan - College Station Eagle, said notice being attached hereto as Exhibit
"A "•
WHEREAS, a public hearing was held before the College Station City Council on the 11th day
of December, 1997, at 7:00 p.m. at the regular meeting of the Council;
VVIIEREAS, upon such public hearing being convened, there was presented proof and evidence
that notice of such hearing had been published and had been mailed as described above;
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EXHIBIT "A"
ORDINANCE NO. 229 0 Page 2
WHEREAS, the City Council at such hearing invited any interested person to appear and contend
for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment
zone, whether all or part of the territory, which is described by boundary survey attached hereto
as Exhibit "D" and depicted in the diagram attached hereto as Exhibit "E ", should be included in
such proposed reinvestment zone, the concept of tax increment financing, and the creation of a
board of directors for the proposed reinvestment zone;
WHEREAS, all owners of property located within the proposed reinvestment zone and all other
taxing units and other interested persons were given the opportunity at such public hearing to
protest the creation of the proposed reinvestment zone or the inclusion of their property in such
reinvestment zone;
WHEREAS, the City staff presented the preliminary financing and development plan for the
proposed reinvestment zone attached hereto as Exhibits "B" and "C "; and
WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and documen-
tary, in favor of the foregoing matters relating to the creation of the reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of College Station,
Texas, that:
I.
The facts and recitations contained in the preamble of this ordinance are hereby found and
declared to be true and correct.
II.
The City, after conducting such hearing and having heard suc% evidence and testimony and
considering the preliminary project and financing plan, has made the following findings and
determination. based upon the evidence and testimony presented to it:
A. That the public hearing on adoption of the reinvestment zone has been properly called,
held and conducted, and that notice of such hearing has been published as required by law
and mailed to all taxing units overlapping the territory inside the proposed reinvestment
zone.
B. That the City has jurisdiction to hold and conduct this public hearing on the creation of
the proposed reinvestment zone pursuant to the Tax Increment Financing Act.
C. That creation of the proposed zone with boundaries as described in Exhibit "D" will result
in benefits to the City, its residents and property owners, and to the property, residents
and property owners in the reinvestment zone.
D. That the reinvestment zone as described in Exhibit "D" meets the criteria for the creation
of a reinvestment zone as set forth in the Texas Tax Increment Financing Act (Chapter
311 et. seq., TEX. TAX CODE ANN. [Vernon 1997]) in that:
(1) It is a contiguous geographic area located wholly within the corporate limits of the
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EXHIBIT "A"
ORDINANCE NO. 2290
Page 3
(2) As required by the Act, not more than tcn percent (10 %) of the property in the
zone is used for residential purposes.
(3) The total appraised value of a 11 taxable real property in the zone according to the
most recent appraisal rolls of the City, together with the total appraised value of
the taxable real property and al l other taxing existing reinvestment zones within
the City, according to the most recent appraisal rolls of the City, does not exceed
fifteen percent (15 %) of the current total appraised value of the taxable real prop-
erty in the City.
(4) Improvements in the reinvestment zone will enhance significantly the value of all
taxable real property in the reinvestment zone.
(5) That a preliminary project plan and a financing plan have been developed and are
attached hereto as Exhibit "B" and Exhibit C ". Such preliminary project and
financing plans would be the basis for the master plan for the final financing and
development plans for the reinvestment zone and shall assist the staff and board of
directors in implementing a successful reinvestment zone.
(6) On November 6, 1997, Davis T. McGill petitioned the City Council of College
Station that the area described in Exhibit "D" be designated as a reinvestment
zone. Please see Exhibit "F" for said petition. Davis T. McGill is the property
owner of more than fifty percent (50 01a) of the appraised value of the property in
the proposed reinvestment zone. Therefore, Reinvestment Zone No. 7 is hereby
established by owner petition pursuant to Section 311.005 (a) (5) of the Tax
Increment Financing Act.
(7) That the following Council Members were present and considered the ordinance
on December 11, 1997.
Lynn McIlhaney, Mayor
Steve Esmond
Hubbard Kennady. Mayor Pro Tem
Swiki Anderson
11! 0,
Larry Mariott
David Hickson
Dick Birdwell
That the City hereby creates a reinvestment zone over the area described by the boundary survey
in Exhibit "D" attached hereto and such reinvestment zone shall be based on the preUminary
project and financing plans. This zone shall hereafter be identified as Reinvestment Zone No. 7,
City of College Station, Texas (the "Zone").
X43
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ORDINANCE NO. 2290
4 .. _ _
EXHIBIT "A"
IV.
Page 4
The Board of Directors for the Zone shall consist of nine (9) member directors. The City Council
of the City of College Station shall appoint five (5) members who shall meet the eligibility
requirements as set forth in the Act to serve on the Board of Directors. The School District shall
appoint one (1) member who shall meet the eligibility requirements set forth in the Act to serve
on the Board of Directors. The Brazos County Commissioners Court shall appoint one (1)
member who shrill meet the eligibility requirements as set forth in the Act to serve as a member
of the Board of Directors. The member of the state senate in whose district the zone is located or
his designee is also a member of the board. The member of the state house of representatives in
whose district the zone is located or his designee is also a member of the board. The School
District member, the Brazos County Commissioners Court member, the member of the state
senate or his designee, the member of the state house of representatives or his designee, and three
(3) members appointed by the City of College Station, shall serve an initial two (2) year term
while the other two (2) appointed by the City of College Station shall serve initial one (1) year
terms. All subsequent appointments will be made for two (2) staggered terms or until a
successor director may be appointed thereafter. The City Council shall designate one (1) member
to serve as Chairman of the Board of Directors for the year ending December 31, 1998, and each
year thereafter, and authorizes the Board to elect from its members a Vice - Chairman and other
officers as it sees fit. The Board shall retain all powers provided it in the AcL
The Board of Directors shall make recommendations to the City Council concerning the admini-
stration of the Zone and shall prepare and cause to be prepared and adopt a Project Plan based
upon the preliminary Financing and Development Plans for the Zone and must submit such plans
to the City Council for its approval. The City hereby delegates to the Board of Directors all
powers accessary to prepare and implement such Project Plan, subject to approval by the City
Council, including the power to direct the staff and employ consultants to assist in the
preparation of the Project Plan and in the issuance of tax increment obligations.
V.
That operation of the Zone shall commence on January 1. 1998, and that termination of the
operation of the Zone shall occur on December 31, 2018, or at a time designated by subsequent
ordinance or at such time subsequent to the issuance of tax increment bonds as all project costs
and tax increment bonds, and the interest thereon, have been paid in full.
VI.
That the tax increment base for the Zone, which is the total appraised value of all taxable real
property in the reinvestment zone, is to be determined as of January 1, 1998, the year in which
the Zone was designated as a reinvestment zone.
VII.
That there is hereby created and established a Tax Increment Fund for the Zone which may be
divided into such sub - accounts as may be authorized by subsequent ordinances into which all tax
increments are to be deposited. The Tax Increment Fund and any sub - accounts are to be main-
tained at the depository bank of the City and shall be secured in the manner prescribed by law for
Texas cities. The tax increments shall equal the amount of property taxes levied for a year on the
captured and appraised value, that 'is, the amount by which the current appraised value of all
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EXHIBIT "A"
ORDINANCE NO. — 2290 Page 5
taxable real property located in the 'Lone exceeds its tax increment base less any other funds
which arc to be allocated from the tax increments pursuant to the Act. All revenues from the sale
of any tax increment finance bonds and notes hereafter issued by (lie City may be deposited into
such fund or sub - account from which money will be disbursed to pay project costs for the Zone
or to satisfy the claims of holders of tax increment bonds or notes issued for the Zone.
VIII.
That if any section, paragraph, clause, or provision of this ordinance shall for any reason be held
to be invalid or unenforceable, the invalidity or uncnforceability of such section, paragraph,
clause or provision shall not affect any of the remaining provisions of this ordinance.
IX.
That it is hereby found, determined and declared that a sufficient written notice of the date, hour.
place and subject of the meeting of the City Council of the City of College Station at which this
ordinance was adopted was posted at a place convenient and readily accessible at all times to the
general public at the City Hall of the City of College Station for the time required by law preced-
ing this meeting, as required by the Open Meetings Act, and that this meeting has been open to
the public as required by law, at all times during which this ordinance and the subject matter
hereon has been presented, discussed, considered and finally acted upon. The City Council of the
City of College Station further ratifies, approves and confirms such written notice and the
contents and posting thereof.
X.
That the contents of the notice of public hearing, which hearing was held before the City Council
of the City of College Station on December 11, 1997, and the publication of said notice, is hereby
ratified, approved and confirmed.
PASSED, ADOPTED and APPROVED on this the I 1 th day of December, 1997.
ATTEST:
CONNIE HOOKS, City Secretary
f js%o \grouplleg1J4emves1 doc
t?/s/97
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APPROVED:
McILHANEY. May
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This description has been computed
from previous ground surveys and
public and private records and is
not the product of an on- the - ground
survey, and shall not be used for
the purpose of land conveyance.
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METES AND BOUNDS DESCRIPTION
OF A
15.11 ACRE TRACT
(COLLEGE STATION TAX FINANCING REINVESTMENT ZONE NUMBER SEVEN)
.� MORGAN RECTOR LEAGUE, ABSTRACT NO. 46
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Metes and bounds description of all that certain IS I 1 acre tract or parcel of land, lying
and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos
County, Texas, a part of which was heretofore defined as "College Station Tax Financing
Reinvestment Zone Number One" by Ordinance Number 1791 of the City of College Station and
being more particularly described by metes and bounds as follows:
COMMENCING at the intersection of the southeast right -of -way line of Holleman Drive
and the southwest right -of -way line of Dartmouth Street in the City of College Station, Brazos
County, Texas,
THENCE S 180 16' 59" E - 20.97 feet with the tangent of a curve connecting the said
right -of -way line of Holleman Drive and the said right -of -way line of Dartmouth Street (Curve
data: central angle = 790 59' 00 ", radius = 25.00 feet, tangent = 20.97 feet) to the the end of the
said curve for the POINT OF BEGINNING of this 15.11 acre tract;
THENCE S 180 16' 59" E - 229.72 feet with said Dartmouth Street right -of -way line to
the point of beginning of a curve to the right;
THENCE along the arc of the said curve (Curve data: central angle = 3° 08'04", radius s
1099.94 feet, tangent = 30 09 feet, the chord bears S 16° 42' 57" E - 60.17 feet) to the point for
the end of the said curve,
iENCE S 150 08'55" E - 405.42 feet with said Dartmouth Street right -of -way line to
the southeast line of a 2.42 acre tract conveyed to Simon Kahan as described by deed recorded in
VOLUME 1036, PAGE 437 of the Official Records of Brazos County, Texas;
THENCE S 45° 21'45" W - 228.23 feet with the southeast line of the said 2 42 acre tract
to the south common corner of the said 2 42 acre tract and Lot 17 -B. Block 3, Richards
Subdivision as depicted by plat recorded in VOLUME 137, PAGE 25 of the Deed Records of
Brazos County, Texas;
THENCE N 420 40'02" W - 335.46 feet with the common line of said 2.42 acres and
said Richards Subdivision to the southeast line of a tract conveyed to the Davis and Thelma
McGill Family Partnership as described by deed recorded in VOLUME 2437, PAGE 33 of said
Official Records;
000367.(02 -2 9(2797)
PROA50012797MADWO
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THENCE S 450 56'52" W - 29.31 feet with the common line of the said McGill tract to
the south corner of the McGill tract, being a common corner of Lot 6, Block 3, Richards
Subdivision;
THENCE N 44° 55'07" W - 406.69 feet with the common line of said McGill tract and
said Richards Subdivision to the northwest right -of -way line of Richards Street;
THENCE S 440 52' 13" W - 720.31 feet with the northwest right -of -way line of
Richards Street and the southeast line of the Holleman Place subdivision to the south corner of
Lot 2, Holleman Place, as depicted by plat recorded in VOLUME 1040, PAGE 480 of said
Official Records;
THENCE N 460 06'05 "" W - 398.20 feet with said southwest line of Lot 2, Holleman
Place, to the southeast right -of -way line of Holleman Drive;
THENCE N 440 56'54" E - 306.90 feet with said right -of -way line to the point of
beginning of a curve to the right;
THENCE along the arc of the said curve (Curve data: central angle = 36° 47'06", radius
= 965.00 feet, tangent = 320.87 feet, the chord bears N 63 ° 20' 28" E - 608.96 feet) to the point
for the end of said curve;
THENCE N 810 44'01" E - 514.76 feet to the point of beginning of a curve to the right;
THENCE along the arc of the said curve (Curve data: central angle = 79° 59'00% radius
= 25.00 feet, tangent = 20.97 feet, the chord bears S 58° 16'29"E - 32.13 feet) to the PIACE
OF BEGINNING of College Station Tax Financing Reinvestment Zone Number Seven
containing 15.11 acres of land, more or less.
January, 1997
Municipal Development Group
�F _ College Station, Texas
A. lN. 1• ES LER
90 Prepared by: {
,yss� ?,,yam,
A.W. Kessler
Registered Professional Land Surveyor
No. 1852
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000367 -r.02- 28(2797)
PROA500U797MADWO +
VOL.. �3 q 8
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EXHIBIT "B"
TAX INCREMENT FINANCING
REINVESTMENT ZONE NO.7
WOLF PEN CREEK
OFFICEMOTEUCONFERENCE CENTER
Preliminary Project Plan
Preliminary Financing Plan
City of College Station
October 1997
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COLLEGE STATION TAX FINANCING
REINVESTMENT ZONE NUMBER SEVEN
f.
EXHIBIT "B"
TAX INCREMENT FINANCING
REINVESTMENT ZONE NO.7
s
Preliminary Project Plan
Preliminary Financing Plan
City of College Station
October 1997
]R NVESTNpnq T ZONE NO.7
CITY OF COLLEGE STATION, TEXAS
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EXHIBIT "B"
Wolf Pen Creek
OfficelHotel/Conference Center Project
Tax increment financing in the State of Texas is authorized under the Texas Tax Incranent
Financing Act of 1981. This Act allows a city to establish a reinvestment zone, "capture'
increased taxes resulting E-om increased property values and place the revenue generated into a
special fund. These revenues can then be used to finance improvements permitted under the law.
The City of College Station has completed a Request for Proposals process for the development
of a 200+ room full service hotel and 80,000 s.E office building in conjunction with the City's
development of a 45,000 net square foot conference center. The City proposed to fiord the
issuance of debt for the construction and equipping of the conference center facility up to
$6,000,000. The City has proposed to use two primary funding sources for the servicing of this
debt. One source would be the captured value from a Tax Increment Finance Reinvestment Zone
containing the hotel and office buil ding. These facilities have been guaranteed by the developer to
carry a value not less than $21,000,000 for the life of the TIF. The other funding source would be
through hotel/motel tax revenues. The City estimates that the hotel will generate approximately
$241,000 in hotel/motel tax revenues annually and has proposed to use $200,000 of those
revenues to service a portion of the debt on the conference center.
As background, the firm of Coopers and Lybrand has conducted a feasibility analysis for both the
marketability of such a facility, as well as operational revenues and expenditures. The results of
the analysis indicate that there is a market for a 37,000 to 45,000 square foot mulit - purpose
facility. The analysis also estimates that the facility would carry an operating deficit of
approximately $57,000 in year one decreasing to $37,000 by year five.
Area Description
The area under consideration as a tax increment reinvestment zone b desem'bed in Appendix A.
This area can generally be defined as approximately 15.11 acres at the southwest corner of
Dartmouth and Holleman in College Station, Texas.
The boundaries of the zone are reflected in Exhibit A. Property ownership is identified in
Appendix B.
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EXHIBIT "B"
Proposed Improvements
For purposes of this Reinvestment Zone, TIF revenues will be used for a conference center to be
owned by the City of College Station in the defined area
The City has agreed to contribute up to $6, 000,000 for the construction and equipping of the
confcrence center. A schematio plan for the district is reflected in the following drawing.
lan
The improvements recommended in this plan are compatible" with the uses reflected in the
Comprehensive Plan Eor the City of College Station. The Comprehensive Plan was adopted in
August 1997.
Zo m&
As part of the implementation of this project, zoning changes wfll be necessary. These changes
involve rezoning of these properties from the R-5 zoning district and the R-1 zoning district to the
Wolf Pen Creek zoning district. The City of College Station and the Development Team have
agreed that the appropriate zoning classification is WPC and wM take the rezoning requests
through the appropriate proc=
EXHIBIT "B"
Figure 1.
Memorandum of understanding
Between WPC Team & City of
College Station
WOLF PEN
CREEK
PARK
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Preliminary Project Plan
The Tax Code requires that a Project Plan be prepared by the Reinvestment Zone Board of
Directors. The Project Plan must include a map showing existing conditions, uses of real property
in the zone, proposed improvements and proposed changes in the city codes and master plans. A
Preliminary Project Plan, including the information required for the Final Project Plan, has been
formulated and is presented below.
Use of Real Prop=
The proposed reinvestment zone is essentially three adjacent tracts of land located at the
southwest corner of the intersection at Dartmouth and Holleman. An analysis of existing
conditions and land use within the zone indicates that the area is vacant with the exception of
College Staiton Fire Station #1 which is on a portion of the City's Holleman Place tract.
Area Pronertv Conditions
There are currently no property conditions to be considered with the exception of Fire Station #1
which was completed in September 1997.
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EXHIBIT "B"
Preliminary Financing Plan
The Tax Increment Financing Plan for Reinvestment Zone No. 7, City of College Station
identifies the projects to be accomplished, and the monetary relationships which accompany the
project for funding and ultimately paying for the improvement.
Protect Identity
Reinvestment Zone No. 7 has been proposed as set forth in the project plan, as well as the specific
projects. The development will be a new office, hotel, and convention center. Debt issued by the
City for the construction and equipping of the conference center will be paid for with TIP
revenues, as well as hotel/motel tax revenues.
Estimated Project Costs
The project costs are estimated to be S6,000,0000. Preliminary development costs were
developed by City stafF This facility is intended to act as an incentive for the development of
other private properties in the area. The intended purpose of this development is twofold: first,
to create a larger venue for conventions within the City of College Station; and second, to
function as a catalyst for in fill development with in the Wolf Pen Creek corridor.
Economic Feasibility
The City of College Station is aware that the area is eligible for the creation of a tax increment
financing district. This area, as documented in the Project Plan section, is underdeveloped with
the strong potential for new commercial development.
A Appraised and Captured Value
Real property appraised value of the zone, as well as the captured value and the tax
increment projection is shown in Table 2. The table indicates a $359,000 increment
annually beginning in 1999 and a $2,941,000 cumulative increment over a ten (10) year
period. Furthermore„ Table 2 is based upon a value guarnatee of $21,000,000 for the
hotel/office building project and uses the entire City of College Station and Brazos County
ad valorem tax rates, and .86/$100 of the CSISD. ad valorem tax rate. The total rate for
the TIF will be ($1.71 /100).
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E)611BIT "B"
B. Taxing Units
There are three taxing units. , Their tax rates per one hundred dollars of valuation are:
CSISD $1.74
City of College Station .4293
Brazos County .4174
Total: $2.5867
In the above appraised and captured value analysis, the Citys entim ad valorem tax rate of
A293/100 for FY 97 -98 is used; Brazos County's FY 97 -98 ad valorem tax rate of
. 4174 /100 is used, and .861100 of the CSISD ad valorem tax rate is used. No change over
time in the tax rates of the three units was considered.
C. Tax Increment Bond
The City of College Station has proceeded with the analysis for financing s portion of the
project costs with bond funds. The amount included in the plan for proposed tax
increment bonds are as follows:
Series 1998 $6,000,000
VOL. 13 . PAIME
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ANNUAL
CUMULATIVE
WPC
ANNUAL
CUMULATIVE
TAX
TAX
YEAR BASE
CAPTURED
CAPTURED
INCREMENT
INCREMENT
1997 5507,515
40
$0
40
40
1998 8,508,000
8,000,000
8,000,000
69,000
69,000
1999 21,508,000
13,000,000
21,000,000
359,000
428,000
2000 21,508,000
0
21,000,000
359,000
787,000
2001 21,508,000
0
21,000,000
359,000
1,146,000
2002 21,508,000
0
21,000,000
359,000
11505,000
2003 21,508,000
0
21,000,000
359,000
1,864,000
2004 21,508,000
0
21,000,000
359,000
2,223,000
2005 21,508,000
0
21,000,000
359,000
2,582,000
2006 421,508,000
$0
421,000,000
$359,000
42,941,000
Assumptions:
1. Scenario uses tax
rates from CS,County, and CSISD
(1.71/100)
2. WPC scenario uses a $21,000,000
in project in year 1998.
3. CSISD can not participate in first yr. of IF.
B. Taxing Units
There are three taxing units. , Their tax rates per one hundred dollars of valuation are:
CSISD $1.74
City of College Station .4293
Brazos County .4174
Total: $2.5867
In the above appraised and captured value analysis, the Citys entim ad valorem tax rate of
A293/100 for FY 97 -98 is used; Brazos County's FY 97 -98 ad valorem tax rate of
. 4174 /100 is used, and .861100 of the CSISD ad valorem tax rate is used. No change over
time in the tax rates of the three units was considered.
C. Tax Increment Bond
The City of College Station has proceeded with the analysis for financing s portion of the
project costs with bond funds. The amount included in the plan for proposed tax
increment bonds are as follows:
Series 1998 $6,000,000
VOL. 13 . PAIME
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EXHIBIT
"B"
The financial requirements to amortize this
issue on an annual basis are as shown below.
The debt service schedule is for nineteen (19) years with no capitalization.
Fiscal
Requirement
1999 -2000
$502,076
2000 -2001
$502,076
2001 -2002
$502,076
2002 -2003
$502,076
2003 -2004
$502,076
2004 -2005
$502,076
2005 -2006
$502,076
2006 -2007
$502,076
2007 -2008
$502,076
2008 -2009
$502,076
2009 -2010
$502,076
2010 -2011
$502,076
2011-2012
$502,076
2012 -2013
$502,076
2013 -2014
$502,076
2014 - 2015
$502,076
2015 -2016
$502,076
2016 -2017
$502,076
2017 -1018
$502,076
Financial Structure
Tire above economic analysis sets forth the financing for the Zone's municpal project. In
summary, the following is the recommended financial structure for the Financing Plan•
A Project Cost $6.000.000
• B. Funding $6,000,000 `
Debt Issuance
Pr eject Duration
The project duration will be for a twenty (20) years with a nineteen (19) year amortization period
of the bond issue. During this period, the Zone will have collected tax increment funds in excess
of the annual amortization schedule. It would be expected that these funds would be banked and
would be used if necessary in relationship to the limits of the initial project.
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ull...��ul]•Ylr. LY•iY•a.i11,�•. ii- Lr•� - '_��.5'�y`iW -• _ __ - _ - d�si_• ..r__ >"_ a ..1� - rlyya�'�'. '
EXHIBIT "B"
Appendix A
Preliminary Description of Reinvestment Zone
at the northwest most comer of Lot 2. Holleman Place Subdivision for a Point of Beginning;
Thence in a generally northeasterly direction along the northwestern property line of Lot 2 Holleman
Place described in Vol. 1604 Page 038 (6.31 saes) also being the southeast right- of-way line of Holleman
Drive East to the northeastern corner of Lot 2 Holleman Place Subdivision;
Continuing along the southeast right-of -way line of Holleman Drive East. being the same as the
northwestern property line of Reserve Lot (PLof), Woodstock 01 (638 aces) descnbed in Vol. 2437 Page
033 to the intersection of the southwest right -of -way line of Dartmouth Street for a corner,
Thence, in a generally southastedy direction along the southwest right- of-way line of Dartmouth Street
being the same as the northeast property line of Reserve Lot (Pt. of), Woodstock / l to the southeastern
most corner of said property;
Continuing along the southwest right -0f -mV of Dartmouth Street being the same as the northeastern
property line of Tract 54.1 K Rector League (242 antis) described to the fern most property
corner for a corner.
Thence, following the property line of the above mentioned Tract 54.1 In a generally southwesterly
direction to its southwestern most corner.
Thence. generally in a northwesterly direction along the southwestern property line of Tract 54.1 to the
intersection with the southeastern property line of Reserve Lot (Pt. of), Woodstock g1. thence to the
southwest along this property line to the southwestern most corner of Reserve Lot (Pt. of) Woodstock 01.
Thence, generally in a northwesterly direction along the southwest property line of Reserve Lot (Pt. of),
Woodstock #I to the intersection of the northeastern most comer of Lot 2 Holleman Place Subdivision for
a corner.
Thence, along the southeast property line of Lot 2 Holleman Place Subdivision being the same as the
northwestern right- of-way of Richards Street to the south stern most corner of said lot for a corner,
Thence, generally in a northwesterly direction along the southwest property line of Lot 2 Holleman Place
Subdivision to the Point of Beginning and containing 15.11 saes more or less.
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EXHIBIT "B"
Appendix B
Preliminary Description of Reinvestment Zone
WOLF P£N
CR££K
PARK
Woodstock 01
WL of) trot
eserve
O 638 AC
H0110man Q3 l� r
Maco Tract 641 1
Lot 6.31 AC
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OWNERSIW DESCRIPTIONS
Parcel Number 1
Owner. McGill, Davis & Thelma Family LTD. Partnership
Legal Dew.
Woodstock #1, Lot Reserve (Pt. of)
Ate:
6.3800
Vol/Page-
Volume 2437 Page 033
Parcel Number 2
Owner:
City of College Station. Texas
Legal Desc:
Holleman Place, Lott
Acres:
6.3100
Vol/Page.
Volume 1604 Page 038
parcel Number 3
Owner.
McGill, Davis
Legal Dese:
Tract 54.1 Morgan Rector League (ICQ
Acres:
2.4200
Vol/Page.
unknown
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MG11BIT "B"
November 6,1997
1433 McGill Lane
Bryan, TX 77808
City of College Station
Attn: Ionorable Mayor Lynn Mclihaney
and Councilmembers
PO Box 9960
College Station, TX 77842
RE: 638 acre tract or parcel of land. lying and being situated in
the Morgan Rector League, Abstract No. 46, College Station,
Drazos County, Texas
and
242 acre tract, located on west line of Dartmouth Drive
just south of Holleman Drive. being part of Tract $4 In the
Morgan hector I.eaguo, Abstract No. 46. College Station.
Drazos County, Texas
Honorable Mayor Lynn Mellhaney and Counellmernbers:
The City of College Station and I are property owners of adjoining land. I am the
primary property owner of more than 50% of tho property.
1 hereby petition that the referenced property, along with the adjoining property of the
City of College Station, be designated in the Tax Increment Finance CM reinvestment
zone.
If you require additional documentation, please contact me at my office at 846 -7703.
Sincerely.
/—C'� 11(--�
Davis T. McGill
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EXHIBIT KC"
(insert here)
EXHIBIT "D"
MEMORANDUM OF UNDERSTANDING
FOR THE CITY CONFERENCE CENTER,
A FULL - SERVICE HOTEL AND OFFICE COMPLEX
TM CITY OF COLLEGE STATION, TEXAS rCnlo. and WOLF PEN CREEK
TEXAS LIIVCI W PAR7NERSHW (herdnaftcr known as "DEVELOPER'S agree to work together
aggressively and cwlusively for a period of twelve (12) months with the common objective being the
successful planning, financing and development of the CITY conference center and a full-service hotel
and office complex. This is an interim agreement which will be replaced by a Project Development
Agreement that will spell out in detail the rights and obligations of the CITY and DEVELOPER and
the exact legal capacities and title of the Principals. Toward that end, the parties agree as follows:
is
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City: City of College Station, Texas
Developer Wolf Pen Creek Texas Limited Partnership (composed of Dal -Mac
Investments Corporation, Accord ConwmrciA Inc., Davis McGill, and
DePalma Hotel Corporation (hereafter, the "Principalsl as set out in the
Project Development Agreement.
�i Say �� !. ✓. •. � � 1 � • �• � :.. r • .� � �r r .� SAS Ili
1. A public right will be retained as an easement for ingress and egrrss to the
public thoroughfares.
2 The parties agree to discuss appropriate property swaps, within the limits of the
law, to properly locate the conference cent m
C. Conditions of Agreement
1. The DEVELOPER shall invest at least $21 million, combination of debt and
equity, to construct a full-service hotel containing a minimum of 200 rooms and
2,000 square feet of meeting space and approximately a 80,000 square foot
office building at the project location (the "Hotel Project"). The
DEVELOPER shall pay all costs in excess of $6 million for the Conference
Center to fulfill the requirements of the Request for Proposal as mutually
agreed upon in the Project Development Agreement The hood shall bear the
Sheraton flag or a flag of equivalent national recognition acceptable to the
CITY. As a four star quality full service hotel, the hotel will include, but not be
limited to, associated parking and amenities such as a swimming pool, dining
facilities and other fixtures and furnishings customarily associated with a full
service hotel. The hotel and office building shall be owned and operated by the
DEVELOPER or successors, assigns, in the event of sale.
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091251.97 VOL
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z The DEVELOPER shall design, construct, and equip a conference center with
45,000 square feet of saleable conference space broken into a 30,000 square
foot Exlubit Hall, divisible by a minimum of three (3); a 10,000 square foot
ballroom, divisible by a minimum of three (3); a 5,000 square foot break out
spare; and to be included in the "back of house" space a 7,000 square foot full
service kitchen.
The Conference Center shall be substantially in compliance with the conceptual
criteria submitted with the Wolf Pen Creek Proposal.
I The MY will appoint a person to facilitate the development of the
Conference Center. The CITY will approve the final design of the Conference
Center and a schematic design of the Hotel Project. The CM will approve
the final design of the Conference Center and shall have the right to review the
schematic design of the hotel for compliance with the requirements agreed to
by both parties.
4. Construction of the projects will be completed in a period of not longer than
twenty -four (24) months from the execution of final agreements. The time
limit for completion may be extended by the consent of both parties.
5. DEVELOPER will commence construction of the projects within six (6)
months of execution of final agreements. The time limit for completion may
be extended by the consent of both parties.
D. MorM= of DEVELOPE 's interest: DEVELOPER has the right to mortgage the
Hotel Project, but shall not have the right to mortgage the Conference Center.
E Consideration:
1. CTIY will pay the cost of the feasibility study to be conducted by Coopers &
Lybrand for the Conference Center.
2 The C1TY will contribute up to $6 million to construct and equip the
Conference Center Project contingent upon the size recommendations
contained in the Conference Center feasibility analysis as set out in the Project
Development Agreement and receiving voter approval of a referendum for
C 1Y participation in the Conference Center Project, The CITY shall own the
Conference Center.
3. The DEVELOPER will construct this project in a manna consistent with the
development proposal submitted by the Wolf Pen Creek Team.
DEVELOPER further agrees to guarantee a minimum $21 million ad valorem
tax value for this project for the twenty (20) year life of the tax increment
finance district and /or any debt the MY issues to fund its involvement in the
conference center with said project and TIF being located in the area desrnbed
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EXHIBIT "D"
in EXHIBIT A. Of this S21 million ad valorem tax value guarantee, the
DEVELOPER further guarantees that a minimum of $14.5 million of this $21
nuTm value guarantee will be comprised of the value of the hood. The
Developer shall own the Hotel and Office Project
4, M2naj=ent of the Conference Center. DePalma Hotel Corporation will be
granted a management contract for the conference center which complies with
Revenue Procedure 97 -13. The parties will strive for a ten (11) year contract
with one (1) five and one (1) four year renewal.
F. DEVF_LOPER's Rigbt tg CMceb
1. Issuance of an injunction which is a legal impediment to the CITY completing
the project;
2 Default by CITY in performance of covenants or agmements in this
Memorandum of Understanding.
3. Institution of bankruptcy proceedings by DEVELOPER
4. Appointment of Receiver of CTTY'S assets.
S. Assignment of CI'TY'S assets for the benefit of DEVELOPER's or any CTTY's
cmditors.
6. The Developer's participation may be cancelled depending upon the results of
an election called by the City Council
G. Y's Qption to Cancel• C11Y may cancel the Agreement by giving writtest notice if
the following occur.
1. Default by DEVELOPER in performance of covenants or agreements in this
Memorandum of Understanding.
2 Institution of bankruptcy proceedings by DEVELOPER
3. Appointment of Receiver of DEVE,LOPEWs assets.
4. Assignment of DEVELOPER's assets for the benefit of DEVELOPER%
creditors.
S. The CTTY's participation smay be canceled depending upon the result of an
election called by the City Council.
09a'�!g 028629f� VOL
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EXHIBIT "D"
IIL Items to be Completed and Presented to the CM within Thirty (301 Dap
'lire following items must be filed and presented to the MY within thirty (30) days of the
exewtion of Project Development Agreement. The CM will consider all required documents as
quicldy as possible.
A. Conceptual design for the projects;
a Agreement between the parties as to the structure of the land transaction, if any, and
structuring of the financing for the projects including the terms and conditions of any
loans of CITY funds, if any;
C. Establishment of the timetable for development of the projects; and
D. Agreement as to the allocation and source for all predevelopment costs and revenues.
1V. Iterns_to be Completed and Presented to the CTIY within_ Ninety (ays of the Date of the
Fxecution of a Pr j= Development A==cnt
The following items must be completed and presented to the CITY within ninety (90) days of
the date of the execution of a Project Development Agreesncht. The CITY will consider all required
downents as quickly as possible.
A. Preliminary plans for the project to be constructed;
B. Plans in sufficient detail to address the traffic flow to and from the project;
C A site plan layout; '
D. An executed Hotel Management Agreement;
E Evidence that all necessary equity participation for the Hotel Project is in hand or
committed to the satisfaction of CITY; and
F. Establishment of a timetable for construction.
G. All Completion, Performance and Payment Bonds must be in place.
V. Items to be Completed and Presented to the CITY within One Hundred Twenty (120) U= of
the Date of the Execution of a Project Development Ag=ent
The Developer shall provide a copy of an executod� accepted ban commitment for the interim
and permanent financing for the proposed Hotel and Office Project.
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EXHIBIT "D" DRAFT September 19, IM
2-03PM
G. All Compktioni Perfocrm me and Payment Bonds must be in place.
V. Tterns to be Completed and P anted to the CI within One Hund-*d'Itwenty (1241 Da;s of
;be Date of the F&cwtion of a Project Development Agment .
The Developer shaII provide a copy of an exewuA acoepted loan commitment for the interim
and permanent financing for the proposed Hotel and Office Project
AGREED ED TO tiu4� day of t94- -1997.
MY OF OOLIEGE STATION IMCAS WOLF PEN CREEK IMCAS M TED
PARINERSHIP
Bp• a Bpti _ `�
T fun Allen, Vice - President
Accord Commercial, Inc.
'
un r dice President Davis McGY
J)90F Investments Corporation
bdxalnn President and CEO
DePalma Hotel Corporation
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AIA Document A 101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
ANATTORNEY IS ENCOURAGED W W RESPECT TO ITS COMPLETION OR MODIFICATION.
The 1987 Edition of AL! Document A201, General Conditions of the Contract for Construction, is adopted
in this document by reference. Do not use with other general conditions runless this document is modified
This document has been approved and endorsed by The Associated General Contractors of Amens.
AGREEMENT
made as of the Second day of February in the year of Nineteen Hundred and Ninety Eight.
BETWEEN the Owner.
(Name and addrw)
Brazos County
300 East 26° Street - -
Bryan Texas 77803
(409) 361 -4290
and the Contractor.
(Name and address)
Bayer Construction Electrled Contradem for-
1312 Finfeather Road
Bryan, Texas 77803
(409) 775 -7752
The Project is:
(Name and location)
Energy Conservation Measure, Lighting Improvements at: Tae Of)'lee, Brazos County Annex, Health
Department, Minimum Security M4 Arena, Ag. Extension, Roads and Bridges OJ)'lee, Constable's O,() m
Brazos Center, Brazos County Court House facilfties of Brazos County
The Architect/Engineer is:
(Name and address)
Texas Energy Engineering Services, Inc.
511 East University Drive
Suite 205
College Station, Teas 77840
The Owner and Contractor agree as set forth below.
I Copyright by The American Institute of Architects,
AIA DOCUMENT AI01 •OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • 1987
THE AMERICAN INSTITt1E OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101- 1987 -1
I WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to legal pr *see odoa.
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ARTICLE 1
THE CONTRACT DOCUMENTS
The contract documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Condldons), Drawings, Specifications, addenda issued prior to execration of this Agreement. other documents listed In this
Agreement and Modifications issued after execution of ibis Agreement; these form the Contract, and as fully a part of the
Contract as If attached to this Agreement or repeated herein. The Contract represents the entire and Integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or
oral. An enumeration of the Contract Documents, other then the Modifications, appears In Article 9.
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work descnbed in the Contract Doc menu. ex to the extent specifically indicated in
the Contract Documents to be the responsibility of others. st as 6oilewy ",?�
Contractor will perform the entire scope of work described In the Project Manual Sealed on January Id, 1998 and in
Addendum 0 1 as required issued on January 20. 1998.
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured. and shall be the date of
this Agreement. as first written above. unless a different date is stated below or provision is made for the date to be fixed in a
notice to proceed issued by the Owner.
(Insert a data of cornamwemcnt. i it differs from tM date of this Asreernent or. if applicable. state that the date will be fixed in a notice to
>�d•) .
b
The date will in a notice to proceed
Unless the date of commencement is established by a notice to proceed issued by the Owner. the Contractor shall notify the
Owner in writing of not less than rive days before commencing Work to permit the timely filing of mortgages, nwlmie's liens
and other security interests.
3.2 The contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or the number of calendar days after the date of commence,went. Also insert any requirements for earlier SubutaxsW
Con pled" of certain portion of the Work if not stated elsewhere in the Contract Documents.) '
' 90 calendar days from the date of the notice to proceed.
subject to adjustments of this Contract Time as twovided in the Contract Documents
(Insert proMisiowt. if any. for liquidated damn t7 all to allure to complete on time.)
4t at Substantial Completion is delayed after
The Contractor or Contractor's Sur om' ray shall be liable for and shall pay the owner the Sti'ulated sum as
Liquidated Damages for each calendar der the date wf Substoptf 1 Completion. TWO
HUNDRED DOLLARS (5200.00}. y . , specifled or p
ARTICLE 4 a
CONTRACT SUM
4.1 Ttte owner shall pay the Contractor in current funds for the Contractor's performance or the Contract the Contract Sum of
ONE HUNDRED TWENTY EIGHT THOUSAND THREE HUNDRED NINETY DOLLARS AND NINETY FIGHT CENTS
($128,390.98), subject to additions and deductions as provided in the Contract Documents.
AIA DOCUMENT A101 •OWNER•CONTRACTOR AGREEMENT - TWELMI EDITION e AIA - 19)17
e
Y THE AMERICAN INSTITUEOF ARCHITECTS. 1725 NEW YORK AVENUE. N.W. WASHINGTON. D.C. 2tX1tx. A101-1987-2
WARNING: Uslieensed photocopying violates II.S. topyrigbt laws and is subject to Irgal prawcatlnn.
VOL F a woo
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.....,.mss,- .::..,..�..•, - - - _ ...._ - _.- ._.�..,._.�._.. - - ---- - - -__ -_ _. : ___.,.._.._ �._...._.....,.:._...... ,......._.... .._..�.- .__..__�_.._.._- - =• -•_
•
4.2 The Contract Sum is based upon the following alternates. if any. which are described in the Contract Documents and are
hereby accepted by the Owner.
NONE
(Brats the numbers or other Wenti 1cation of accepted ahernates. tf derisbws on other alternates am to be mode by the Owner subsequent to
she execution of this Agrrenseet, atrach a schedule of such other alternates showing the amount for each and the date emig which that amount
Is valida
43 Unit prices for Additional Work are as follows:
AE11CLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by
the Architect. the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. or as
follows:
See Section 5.3 below.
53 Provided an Application for Payment is received by the Architect / Engineer not later than the 31" day of a month. the
Owner shill make payment to the Contractor not later than the 15' day of the month. If the Application for Payment is received
by the Architect after the.application date fixed above. yment shall be made by the Owner not later than 21 days after the
Archiec.Ireccives the Application for Pa t.
issues a Certificate 6
5.4 Each Application for Payment shall be based upon a schedule of values submitted by the Contractor in accordance with the
Contract Documents. The schedule of values shall allocate the eatire Contract Sum among the various portions of the Worst and
be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,
unless objected to by the Archite shall be used as a basis f reviewing the Contractor's Applications for Payment.
or Owner
S.S Applications for Payments shall indicate the perc of completion of each portion of the Work as of the end of the period
i covered by the Application for Payment.
.5.6 Subject to the provisions of the Contract Documents. the amount of each progress payment shall be computed as follows:
( S.6.1 Take that portion of the Contrau Sum properly allocable to completed Work as determined by multiplying the percentage
completion of each portion of the Work by the share of the total Contact Sum allocated to that portion of the Work in the
schedule of values, less rctainage of percent (5K). Pending final determination of cost to the Owner of changes in the Work.
amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract
Sum has not been adjusted by Change Order.
I
i 5.6.2 Add that portion of the Contract Sum properly allocablc to materials and equipment delivered and suitably stored at the site
1 for subsequent incorporation in the completed construction (or. if approved in advance by the Owner. suitable stored off site at a
location agreed upon in writing). less retainage of percent (5%);
S.63 Subtract the aggregate of previous payments made by the Owner. and
f "
SAA Subtract amounts, if any. for which the architect has withheld or nullified a Certificate for Payment as provided in
• Paragraph 9.5 of the General Conditions.
j S.7 The progress payment amount determined in accordance with Paragraph 3.6 shall be further modified under the following
circumstances:
5.7.1 Add, upon Substantial Completion of the Work. a sum sufficient to increase the total payments to percent (95%) of the
Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims. and
AIA DOCUMENT A101 *OWNER- CONTRACTOR AGREEMENT - TWELFTII EDITION • AIA - 1987
1 THE AMERICAN INSTTiUE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASi11NGTON. D.r.:tXXN, A toI I9K7
WARNING: Unlicensed photocopying violates US. copyright laws and is subject to tecal prsaeentin,..
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' S.7.2 Add. if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional
amounts payable in accordance with Subparagraph 9.10.3 or the General Conditions. -
�.E Reduction or limitation of retainage. if any, shall be as follows; None
(if ft Is Mande+[ Orb► a Subslew t CanWe low of 1Aa extba Work to redum or limb Ae nte/wagr nendan: jrorw Aepoc rora buened Iw
S+.bparoi^opAr 3.d. J owI 1.t1�1 abowt erect tA/s 4 won esO/o/wtd elrswAery !A tAt Cowa�oct Doauwswn, Inserr As+nr provWav jor std tnd�ctbn
or Iiwltatlows.)
ART C E 6
FINAL PAYMENT
Final payment. constituting the entire unpaid balance of the Contract Suns, shall be made by the Owner to the Contractor when
(1) the Control has been fully performed by the Contractor
•ilile as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, it any. which necessarily
survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made
by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Pa�rment, or as follows:
and' approved by Ownerld
ARTICLE 7 -
MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document. the
reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
9.2 Payments dtw wW tm —d undw dhe Contpao-h-11 beam: inwsss fiam the A-:0 payam! -5 due as the rato-a-ted below 0&ia-
7.2 See Addendum attached hereto and made a part hereof for all purposes.
ARTICLE 9
TERMINATION OR SUSPENSION
Ll The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions.
8.2 The Work may be suspended by Owner as provided in Article 14 of the General Conditions.
ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents. except for Modifications issued after execution of this Agreement, are enumerated as follows:
9. 1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. AIA Document A 101. 1987
Edition. As modified herein.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201. 1987 Edition.
9.13 The Supplementary and other Conditions of the Contract are those contained in the Project Manual Sealed November 24.
1997. and are as follows:
? AIA DOCUMENT A101 •OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • 1987
r THE AMERICAN INSTITUE OF ARCHITECT'S, 1735 NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 2((104 AIQI- 1987 -4
r' WAtRNINC: Ualleewsed pbotompyfag violates U.S. copyrlgbt laws and Is srableet to legal presevolien.
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'Document
Tide
00200
Invitation to Bidders
00100
Instructions to Bidders
Special Instructions to Bidders
Bid Proposal
00500
Agreement AU -101
General Conditions
00800
Supplementary General Conditions
00900
Wage Sale
01000
General Requirements
01010
Summary of Work
01015
Contract Considerations
01040
Coordination
01300
Submittals
01600
Material do Equipment
01700
Project Closeout
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3. and are as follows:
(Either list the Speeiffcations here or refer to an ahibit attached to this Agreement.)
Document
Tide
DIV 15 Mechanical
15010
General Requirements for Mechanical and Electrical
Div 16- Electrical
16010
General Requirements for Electrical Work
16050
Basic Materials and Methods
16400
Eleadcal Equipment
16500
Lighting System Modifications
9.1.5 The Drawings are as follows, and are dated unless a different date is shown below:
(Either list the Drawing; hear or refer to an exhibit attached to this Agreement)
Number Tide
Appendix A Contractor Survey Sheet
9.1.6 The Addenda, if any, are as follows:
Number Title
L Addendum 01.'
Date
AnU417 ?0.1998
Portions of Addenda relating to bidding requirements are not pact of the Contract Documents unless the bidding requirements are
also enumerated in this Article 9.
9.1.7 Other documents, if any. forming part of the Contract Documents are as follows
(List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding
requirements such as advertisement or invitation to bid• instructions to Bidden. sample forms and Contractor's bid are not part of the
Contract Documents unless enumerated in this Agreement They should be listed here only ((intended to be part of the Contract Documents.)
This Agreement is entered into as of the day and year first written above and is executed in at least three original topics of which
one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract and the remainder to
the Owner.
AIA DOCUMENT A101 •OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION 0 AIA • 1987
THE AMERICAN INSTTIVE OF ARCHITECTS. 1733 NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 20006 A101- 1987 -5
WARNING: Unlicensed photocopying violates U.S. copyright lavrs an is subject to legal proseeutlon.
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OWNER co CTOR
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ADDENDUM TO AIA DOCUMENT
A101 (1987 EDITION)
Article 7.2.1. Contractor to Provide Performance and Payment Bonds. WITHIN FIVE
(5) DAYS AFTER EXECUTION OF THE CONTRACT DOCUMENTS AND PRIOR
TO THE COMMENCEMENT OF ANY OF THE WORK, Contractor shall furnish to
Owner and keep in force throughout the effectiveness of this Contract a statutory
performance bond and a statutory payment bond in the amount of the Contract Sum set
forth in Article 4 hereof, covering faithful performance of this Contract and the payment
of all obligations arising in connection therewith. The bonds shall name Owner as
obligee and shall be in such form and with such sureties as Owner may reasonably
approve. Should the surety on such bonds become insolvent or be put into receivership
during the term of this Contract, Contractor shall promptly notify Owner thereof and shall
be obligated to obtain replacement bonds within ten (10) days after receiving notice of
such event, at Contractor's cost, provided that Contractor shall be entitled to receive any
rebate in premium from the prior surety, if any, and Owner shall not receive credit
therefor, unless and to the extent such rebate exceeds the cost of the replacement bonds.
Article 7.2.2. Notices. Any notice provided or permitted to be given under the Contract
Documents must be in writing and may be served by depositing same in the United States
mail, addressed to the party to be notified at the address set forth on page one (1) hereof,
postage prepaid, registered or certified, return receipt requested, or by delivering the
same in person to such party, or by private receipted courier guaranteeing same -day or
next -day delivery. Notice given by mail as herein provided shall be deemed given and
received on the earlier to occur of (i) actual delivery at the address of the named
addressee, whether or not refused or receipted for, or (ii) the third (3`d) day following
deposit with the United States Postal Service, postage prepaid, packaged and properly
addressed as herein provided.
Artir.le 7.2 ,3. LiquidatedADam6ges. Akll licAfidatedAimages a (purs t to cle 3
Ver f) un ai sha be int t, th d to of a and ti paid t t i 1 r t , -f 24 o) er nt i the is o a lica le m ul rate.
Article 7.2.4. Performance. Performance and all matters related thereto shall be in
Brazos County, Texas.
Article 7.2.5, Texas Law. This Agreement shall be governed by the laws of the State of
Texas.
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BRAZOS COUNTY, TEXAS
CONTRACT FOR SERVICES
THE STATE OF TEXAS
COUNTY OF BRAZOS
This agreement made and entered into by and between Brazos County, a local subdivision
of the State of Texas, Party of the First Part, and for brevity herein rcf ::: d to as
Z "County ", and Family Health Psychological Services, Brazos Valley Community Action
t
Agency, . Inc. through Thomas H. Edwards, PhD., Party of the Second P a
rt, and herein
r referred to as Contractor.
1 AGREEMENT
4
That for the consideration agreed to be paid by Brazos County, the above noted
' Contractor undertakes, covenants, and agrees to perform the work herein contracted to be
done, in every detail conforming to the advertisement, proposal, specifications, including
special provisions, plans or working drawings, and'special agreements, on a certain
public work described as follows:
A. The Service Provider will, upon referral from the Department, conduct
psychological testing and provide written reports of findings and recommendations on
ti defendants. Written evaluations will be submitted to the Department within 15 working
days of their occurrence.
B. The Service Provider will, upon referral from the Department, provide individual
counseling to defendants. The Service Provider will provide written progress reports on a
monthly basis and will provide summary reports within 45 days of the conclusion of
treatment. All individual counseling is limited to 8 sessions, unless permission is
obtained from the Director or designee to extend the services.
C. The Service Provider shall notify the Department within two (2) working days in
the event a defendant fails to report for services.
D. The Service Provider is under no obligation to accept a defendant who is deemed
inappropriate for services. As part of the referral process, the Department will make
available to the Service Provider pertinent information from the defendant's file to
facilitate the evaluation and/or treatment process.
E. The Service Provider will submit within 30 days of the month in which contact
occurred, an itemized request for payment, listing the defendant's name, service rendered,
VOL 3 VA raF.,
1
' r
C - -
n
date (s) of service, and deduction for individual payments or reimbursements from an
insurance company, if any.
F. The Department will pay only for services rendered; the Service Provider and/or
the defendant will bear the expense of missed appointments.
G. This contract may be terminated by either party thirty (30) days subsequent to the
receipt of written notification by either party.
In consideration for the services so described, it is agreed that the County will pay for the
services specified in Paragraph A, the Department will pay the Service Provider $300.00
per evaluation conducted by a psychologist, which includes testing and report writing. If
a Psychological Associate provides the service, the fee is $250.00 per evaluation, which
includes testing, report writing, and recommendations.
For the services specified in Paragraph B, the Department will pay the Service Provider
$80.00 per contact hour for individual counseling provided by a psychologist. If an
associate who is an LPC or LMSW -ACP provides the service, the following rate will
apply: $60.00 per contact hour for individual counseling. Should the defendants be
covered by insurance for services rendered, and should the Service Provider file a claim
with the insurance company, the amount paid by. the Department shall be reduced
accordingly.
2.
The Contractor hereby agrees that work will commence under this contract on or before
March 24, 1998 and that Work will be finished on or before March 24. 1999. Any report
required to be completed and filled with the county or its designated recipient will be
completed and available to be filed on or before 15 working days of occurrence. It is
agreed by both parties that time is of the essence.
3.
It is agreed that in consideration of the Contractor fully and faithfully complying with all
the terms, provisions, and stipulations contained herein or attached and made part of this
contract, the County undertakes, covenants and agrees to pay to the contractor for the
furnishing of all material and labor, and the performance of the work herein contracted
for the following sum which is' evidenced by the attached proposal or bid -of the
Contractor. The said sum shall be the full compensation to be received by the said
Contractor under the terns of this contract, which is performable and enforceable in
Brazos County, Texas.
4.
It is agreed by both parties that the Contractor is not an employee of the County for the
purposes of this contract, nor is the Contractor to be construed to be an employee of the
County. The Contractor is independent and therefore responsible for all federal taxes that
may accrue as a result of this contract, responsible for payroll related costs that may
I ? 11 . .1. 1 !
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accrue as a result of this contract, is responsible for carrying all workman's compensation
insurance, and is responsible for carrying all necessary liability insurance. It is agreed
that the Contractor is responsible for all work related to this contract until it has been
accepted by the County.
5.
WITNESSETH: In testimony thereof, Brazos County has caused this instrument to be
signed in its corporate name, and on its behalf, by the County Judge of Brazos County
acting at the direction of the Commissioners Court of Brazos County, and herein stated
Contractor, theicin binding themselves, their heirs, successors, assigns, and
representatives for the faithful and full performance of the terms and provisions of this
contract, individually, jointly, and severally. Executed this the day of
19 , at Bryan, Texas.
Brazos County, Texas Contractor: Family Health
Party of the First Part Psychological Services, Brazos
Valley Community Action Agency,
Inc. through Thomas H. Edwards,
PhD.
Party of the Second Part
County Judge
Subscribed and sworn to before me this .5 day of MARC H
M
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Office Solutions
,�ia�NteNa�rce �4greenreNt
FOR AN ANNUAL FEE OUR FACTORY TRAINED PERSONNEL WILL MAINTAIN THE EOUPMENT LISTED BELOW N
ACCORDANCE WRH THE TERMS AND CONO "4S ON THE REVERSE SIDE OF THIS PAC£
Bra as 2�L�m
M—STNEER .5 NAME
PO Drawer 914
Divan 77805 361 -4290
Cay ZLP
qUW A- ANNUAL 0- QUARTERLY M -YONKY
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CIMOMER A ORIZED TUBE
Acoepted bjr
IK =FFIC S OL TONS IKON OFFICE SOLU1TIONS
TE v By ALITHORM SIGNATURE Dm
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qUW A- ANNUAL 0- QUARTERLY M -YONKY
X * / TiTLE
CIMOMER A ORIZED TUBE
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IKON OFFICE SOLUTIONS
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EQUIPMENT MAINTENANCE AGREEMENT
TERMS AND CONDITIONS
=
1. This agreement shall remain In full force and effect for succes-
7.
AA calls under this agreement will be made during normal r
slve twelve month coverage periods with automatic renewal at
business hours on the customer's premises at the address
-
current prevailing rates. This agreement may be terminated by
shown on the equipment described on the reverse side hereof.
either party at the end of the initial coverage penod, provided
Should the equipment be moved to a location in a more distant
t
written notice is received thirty (30), days prior thereto.
zone, there may be an increase in the annual maintenance
Customer's obligation to pay all charges which have accrued
charges. All calls made after normal working hours shall be
shall survive any termination of this agreement.
charged for labor (excluding parts) at current prevailing overtime
rates.
_
2. Maintenance agreement charges are payable in advance based
on the rate and specifications provided on the reverse side of this
9,
This agreement shall not apply to repairs made necessary by
sheet. Overdue accounts will be charged a late payment fee of
accident, misuse, abuse, neglect, theft, riot, vandalism, fire,
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1.5% per month or to the extent allowed by law.
water, power failure or lightning strikes if power protection unit
Issued by Ikon Office Solutions is not property connected to
- ,
3. Title to all consumable supplies furnished thereunder including
equipment, unauthorized supplies or other casualty or to repairs
drums, toner, and developer remains with the vendor until said
made necessary by service personnel other than those of Ikon I
- .
supplies are consumed to the extent they can not be further
Office Solutions. Charges for repairs or replacements due to the i
_
utilized in the copy making process. In the event of customers
foregoing shall be borne by the customer.
default or cancellation of this agreement for any reason, all
supplies shall be billed to and customer agrees to pay for all
9.
This agreement does not include applicable taxes. All taxes levied
-
consumables In full.
or imposed. now or hereafter, by arty govemmental auttuinty shall
j
.
be paid by the customer, in accordance with the law.
--
4. Ikon Office Solutions shall provide service inspections at
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appropriate intervals. Inspections may be made in conjunction
10.
This agreement covers only the equipment and accessories
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with regular or emergency service calls. Inspections, as well as
described on the reverse side.
=
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all service calls, shall be made during normal business tours.
k
11.
This agreement is not transferable by the customer except with
5. Ikon Office Solutions will provide, wthout charge. parts which
the written consent of Ikon Office Solution&
have been broken or wom through normal use and are neces-
sary for servicing and maintenance adjustments. Parts damaged
12.
This agreement (consisting of the face a.•id reverse sides of this
. `
by misuse or carelessness will be charged to the customer in
sheet) constitutes the entire agreement between the customer
'
accordance with the Ikon Office Solutions parts list.
and Ikon Office Solutions, with respect to furnishing of the Ikon
Office Solutions service. Ikon Office Solution Corporate Office
Y
8. This agreement also includes protection from power surges
is 3019 Alvin DeVane, Suite 400, Austin, Texas 78741.
-
caused by electrical failure, including lightning, while equipment
'
is properly connected to an Ikon Office Solutions issued power
13.
Optimum performance of the equipment covered by this
protection unit. The Ikon Office Solutions issued power rotec-
Pro P� A
agreement can be expected on if supplies provided by, or
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tion unit must be directly plugged into a properly ground 3-wire
meeting the specifications of Ikon Office Solutions are used.
_
AC outlet. Extension cords or adapters must not be used.
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INSTALL
BASE
ACTUAL
CURRENT
CURB -M
TONEFL
LOCATION
MODEL
SEIUAL #
DATE
MAINT. COPIES
COPIES
BASE
OVERAGE
COST
VOLUME
UELANEY
1455
LB("JR
vl(v95
I CM WA
34.187
�U5.44
6ju.00
TOM
D:)BPOVOLNY
1455
2BC41"
V26o95
IGM WA
10.330
$
4L32
mm
HALL
1455
23GOD407
V2695
ICBM WA
UPS
$
4871
am
HORN
1455
2BG00425
V2"5
IGM WA
9.696
$
38.78
gm
JAL
1455
2BG00276
V2595
lCM WA
49.09
S
40103
50000
LANGLEY
1455
2BG00251
IV2695
I CM WA
72.531
$
67837
70600
TRUELOVE
1455
28000243
V2695
IGM WA
25.925
$
119j0
26000
204 N. WASHINCTOWAAW.
2014
C11-102882
DW
M51 12000
4.843
S
348.00
s
17985
5.000
JP PCT. 7: ANDERSON
2020
VGB15533
SOW
M51 lam
25.911
s
523.00
$
216.76
S
17L00
26000
BRAZOS CENTER
2120
VIB45466
611605
MS!
Smr I I I
at
2120
V]B43892
SW5
MS11
MR,SONNEL
3050
NBX03993
=,91
M51 120000
130.000
$
LW&00
s
134.00
S
920.00
00000
SHERIFF SANDY rOINT
C
3050
NBZ28773
U122,93
M51 180000
2JL676
$
2,507.00
$
44030
210000
DATA PROCESSING
3726
VCM3077
lA4W
M51 12000
8.207
$
37100
8000
Atll)llak
4050
NDV13166
IV2,92
M51 90000
89.702
S
U5100
$
608.00
90000
COMM CLERK
4050
NOV07632
7692
M51 90000
49.983
S
U55.00
50000
TAX OFFICE
4050
NDV13165
tV2,92
M51 90000
78,024
$
U55.00
80000
COt-ST. PETERS
6030
NPLD22570
wy95
M51 72000
34.848
S
240.00
s
98512
35000
NAI(C- TASK RXCE
6030
NPLD31815
sws
ma
KUIT-INO
6030
NCH08315
612196
M55 2 YX WARX
SUITE 308
6030
NFM07837
106%
M51 48000
58,321
S
2236-52
$
20332
60000
JUVENILE SERVICES
6050
NOK32366
944,97
MT3 243648
243.648
$
L719.74
$
15634
S
449.40
240000
ADULT MOB,
L
6080
NF7020-48
V27,97
MT3 229104
229.104
$
L297.89
S
117.99
S
L224.00
230000
COUNTY ATTORNEY
6090
NF]02033
V2797
M73 115992
I15,992
$
65714
$
59.74
U6000
COUNTY CLERK
6080
NF103007
V397
MT3 103440
103,440
$
585.97
$
5327
105000
SHER117-F, SUITE 105
6080
NF)02736
4/397
M73 266574
266,574
$
L64742
$
13728
250000
ROAD & BRIDGE
6230
NCM09064
7A697
MT3 19620
19.620
S
18238
s
1658
20000
AG EXTEN%:)N
4
6652
CYR.0791.5
52A
M51 -.240000
157.631
$
L920.00
160000
DIST. CLERK
6652
CYR11614
2QW2
M51 •200000
262.172
$
1.696.00
$
49738
260000
DIST. CLERK
6652
CYR,40558
&4893
M51 300000
369.457
$
2.400.00
$
555.66
375000
DIST. ATTORNEY
7260
12050122
32490
M51 200000
183,193
$
1,696.00
s
25029
190000
SIKES
7260
12050075
342090
CIIIG
LY0t,,IS
7550
Q-1609347
Kv
M51 12000
9.510
$
24OL00
8000
JLIVFNILE SERVICES
6013
NUE25875
IWW
WARRANTY
24000
DIST. CLERK
gop,
33214612
IM6090
MQ NO METUL
s
350.00
DIST. CLERK
gop,
33214614
M6190
MQ NO METER.
$
848.00
SHERIFF DEPT.
80R.
332098
8i&89
MCI NO METER
$
849J00
2865A22
S
28.83981
$
2.598.62
$
5.2117.66
2875AW
TOTAL SPENT
S
3046.09
NEW AMT.
S 34=00
OVERAGE
$ OW
•
•
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1 2
3 4 5 6 7
H I J K L
R 0 EXIT
8 9 A B
C D F G
DISPLAY EXPENDITURE
STATUS
+ +-----------------------------------------------------------------------
- - - - -i
a
I BRAZOS
COUNTY, TEXAS
PEI
I FUND ACCOUNTANT
03/17/98 PERIOD 6/98
+-----------------------------------------------------------------------
- - - - -+
DIV /FUND
110005
NON- DEPARTMENTAL
ACCOUNT
BUDGET
PERIOD EXP
YTD EXPENSE
ENCUMBRANCES
BALANCE
614000
530000.00
0.00
3373.00
0.00
526627.00
615000
1000.00
0.00
106.20
0.00
893.80
616200
2800.00
0.00
0.00
0.00
2800.00
j 617400
33600.00
7973.53
21667.67
0.00
11932.33
618800
250000.00
18962.56
91705.67
0.00
158294.33
651500
17000.00
836.81•
7202.71
515.75
9281.54
652000
34000.00
0.00
2681.26
9362.61
21956.13
654500
1600.00
0.00
0.00
0.00
1600.00
720700
40000.00
1490.20
21514.76
0.00
18485.24
720900
42000.00
4140.00
41400.00
0.00
600.00
TOTAL
1111000.00
57372.53
296230.24
10402.31
804367.45
PRESS
ESC OR CONTROL -P TO EXIT /CONTROL -I FOR DETAIL /CONTROL -T
FOR TITLE
01
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INSTALL [LASE ACTUAL CURBLU4T CURRENT TOMB NEW SUGGESTED PURCILASE LSTYEAR CMP
LOCATION MODEL SDUAL 1T DATE MAINT. COPIES COPIES BASE OVERAGE COST VOLUME RETL.ACEIMLNT PRICE MAINT. PAYMEW
j DOBROV��IlJY K55 2BG00406 V26% K7M WA 10,330 S 41.32
10000
HAIL. 1455 2BG004407 V2695 ICM WA am S 4871 0000
III RN 1455 28600425 V2"5 ICM WA 9A% $ 3878 mm
IA. 1455 28000276 V2595 ICM WA 49,419 S 4OL03 50000
LANCLEY 1455 2BG00251 V2695 IGM WA 72,531 S 67837 70000
TRUELOVE M55 2BG00243 V2&95 K24 WA 25.925 S 0910 2000
204 N WA51 IRVCTOPYMApJi� 2014 CjH02M lwm M5i 12000 4.943 S 348.00 S 179.85 56000 6013 $ Ban S 21836 S 25.00
BRAZTJ6 CENTER. 2120 V�5466 6(695 M9 18000 25`� S 513.00 S 216.76 S 171.00 26000 6221 $ 2$11.73 $ ISM $ 6500
SMfTH VID43892 5295 M51
J PERSONNEL. 3050 NBX03993 17/!7191 M51 120000 130000 S 150800 S 04.00 $ 820.00 130000 6045 S 6A5.02 $ 779.02 S I85.00
SHERIFF SMIDY POW 3050 NB228773 0/27193 M9 180000 211,676 S 7 507.00 $ 44030 20000 6050 S 7384.05 $ 7J7034 $ 210.00
DATA MOCFSSM 3726 VCF03077 IW4B8 M51 12000 807 $ 37L00 8000 CP200 S 12,397.00 S 144.00 $ 30000
AUDITOR 4050 NDVI3166 IV1/92 M51 90000 89,702 $ 1155.00 S 609 90000
COMM Q.ERK W 4050 NDVO7632 7492 M51 90000 49,883 $ U55.00 S0000
TAX OFFICE 4050 NDVI3165 WZ92 M51 90000 78,024 $ WSW 80000
1 GONST. PETERS 6030 NRD22576 IA695 M51 720M 34" $ 24QW $ 88512 35000
NARC TASK FORCE z- 6030 NRDM815 5295 M9
i RUFFINO 6030 NCF=31.5 62,96 M55 2 YR. WARR
SUITE 308 = 6030 NFMO7837 KV6o% M51 48000 S&M S 7236.52 $ 20332 60000
` )LN[NU SERVICES ! 6050 NDK32366 8/14.7 MT3 243648 243.648 S 1719.74 $ 15634 S 449.40 240000
ADULT MOB. s r 6080 NFj02018 VZ7/97 MT3 229104 229101 S 129729 S 117.99 S L224DO 230000
COLII' f ATTORNEY 6080 NF)02033 V27/97 MT3 115992 115,992 S 65714 $ 59.74 D60W
COUMY CLERK 6080 NF)03007 V197 MT3 103440 103,440 $ 585.97 S 5327 105000
SHERIFF, SUITE 105 6080 N9=36 4/197 MT3 266574 266.574 $ 1,647.42 S 13728 250000
ROAD &BRIDGE 6230 NGM09064 7A697 MT3 19620 19.62D $ 18238 $ IG.58 20000
AG D(TENSION 6652 CYR07915 52M M51 240000 157x631 $ 1.920.00 160000 6045 S 6.285.02 S U8539 S 18500
j DIST. CLERK °4 6652 CYR21614 7/2892 M51 200000 267,111. S 1,690,00 S 49738 260000 6050 $ 7384 -05 $ 7,0074 $ 211200
F DIST. CLERK �1 6652 CYFL40558 848o93 M51 300000 369 .457 S 2,40000 $ 555.66 375000 6050 S 7,38405 S 2JX74 S 210.00
DLST. ATTORNEY 7260 !2050172 32090 M51 200000 183,193 S 169600 $ 25029 180000 6050 S 7.384.05 $ 2JM74 S 210.00
SIKES 7260 Q050075 32090 CNG
LYONS 7550 QH609347 KW M51 12000 8 .510 S 24000 8000
J APA NILE SERVICES 6013 NUE25975 MSY97 WARRANTY 24000
+ DIST. CLERK 80K 33214612 10690 MCI NO METER S 350.00
DIST. CLERK 80R 33214614 ll y MCI NO METER i 84800
SHERIFF DEPT. SOR 33211798 840439 MCI NO METER S 84800
2,865,622 S 283921 i 2,588.62 S 5,87.66 2„8751000
TOTAL SPENT S 3046.09 NEW AML $ 34,500
OVERAGE i 0.012
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT ;... and Bddo NUMBER 560Q01
DATE OF • ':
Request from GTE Telephone Operations • construct a road bore for • 1-d
r-g--bLe-ftslafllation in t1eAaht-of--w-3 • �. • - ••1 �•.• •-• 1 1• .�• •� Ilr
•• •L its intersection with Dyess Road. Site is Igoted iri.Erecinct
SOURCE OF FUNDS: N/A
I. PRESENTATION:
A) No work will be permitted between front slope and/or back 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 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 shall be compacted to 90% standard density ASTM -Test Method No. D-698; test
shall be conducted by an Independent Geotechnical testing firm; copies of all test results shall
be furnished to the office of the Bravos County Engineer.
E) Construction shall be In strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways, published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES:
I S MI E BY: APP VED
Lt..�•�
Richard F. Vance, P.E. Comziseser Randy Sims
County Engineer Prec
CC98 -015
ApprovedgDeniedO by Commissioners' Court
Date: -- 419
Alvin W. Jones, C my Judge
vas...._�3e..� -PA
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® GTE Telephone
Operations
Access Design
301 industrial Blvd.
Bryan, TX 77803
March 6, 1998
Richard Vance
Brazos County Engineering office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77603
Dear Mr. Vance:
SUBJECT: AGRHNTS 24 BURIED CABLE ,
Enclosed are Form ED-135 and work location sketch showing the location of our
proposed buried cable on County Roads in Brazos County at Bryan, Texas.
This work is to be completed on Work order 5413 - 7P001AG which is scheduled
for March 16, 1998. if you have any questions concerning this work, please
contact Richard Wallace at our office in Bryan, telephone 409 - 821 -4752 within
15 days so that we may explain or modify our proposal, otherwise, it is
understood that this proposal is approved. :
sincerely,
Charlie Clanton
senior Designer - Access Design
CFCs ogc
Attachment
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.!v
iN srACC e4ez E iv
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A part of GTE Corporation „X...,.. , 1 �� C� J7 - - %C9
Mr
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® GTE Telephone
Operations
Access Design
301 industrial Blvd.
Bryan, TX 77803
March 6, 1998
Richard Vance
Brazos County Engineering office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77603
Dear Mr. Vance:
SUBJECT: AGRHNTS 24 BURIED CABLE ,
Enclosed are Form ED-135 and work location sketch showing the location of our
proposed buried cable on County Roads in Brazos County at Bryan, Texas.
This work is to be completed on Work order 5413 - 7P001AG which is scheduled
for March 16, 1998. if you have any questions concerning this work, please
contact Richard Wallace at our office in Bryan, telephone 409 - 821 -4752 within
15 days so that we may explain or modify our proposal, otherwise, it is
understood that this proposal is approved. :
sincerely,
Charlie Clanton
senior Designer - Access Design
CFCs ogc
Attachment
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.!v
iN srACC e4ez E iv
C/Ti[ • tai r� j X c ov G
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A part of GTE Corporation „X...,.. , 1 �� C� J7 - - %C9
Mr
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NOTICE OF COE04lJHICATION '
GEMERAL 46 BP" ONE
COMPANY LIMB INSTALLATION
March 6, 1998
TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGES
Formal notice is hereby given that GTE will construct a communication
line within the right- of-May of a County Road in Brazos County, Texas as
follows:
Beginning at a point approximately 1566 ft. southwest of the
junction of Hardy weedon Rd. and Dyess Rd., 35 ft. of buried
cable will be placed southwest at 5 ft. within the southerly
R.O.W. of Hardy weedon Road. Then a road bore will be made
northwest across Hardy weedon Road and cable will be placed
through it and on into Willow Bend Subdivision. The proposed
buried cable will be placed to a minimum depth of 30'.
The location description of this line and associated appurtenances is
more fully shown by two (Z) 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 Sduthwest 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.
Construction of this line will begin on or after March 16, 1998.
GENERAL TELEPHONE COMPANY 3413 7POOXAd
Charlie Clanton
Senior Designer - Aoaess Design
301 industrial Blvd.
Bryan, Texas 77803
' 13
THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
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DUE TO
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OF THE ORIGINAL
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BLAIEO POWER IS IN THE AKA-
2. RACE CABLE IN 16' U,E. ALONG SLOOIVISION ROADS.
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MEX STATE, T■
DIVISIONS SOUT"EAST
XCM.t SO IREM.
CO., N8
W.C.: ))66 Iwo NO.:
CONTROL NU„BERt
TITLE:WILL W
I DST, 45MI
1wP, I RNG.r
SEC.,
SAL, 3 -VC
PATE, 02/241`43 REV.OATEr
SCALE, Itilo
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT ;... and Bridge NUMBER 560001
DATE OF • ':
Reguest from Southwestern Gas Eipe 1 • to construct bellholes for
-mthodic-t)rotection eguioment inst t • • 1 • 1 • 1 • . • 1 • 1 • • • - lines
•y - • •1 �- •- ;•.• .1• • �•.• • - -• 1 l
SOURCE OF FUNDS: N/A
I. PRESENTATION:
A) No work will be permitted between front slope and/or back 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 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 shall be compacted to 90% standard density ASTM -Test Method No. D-698; test
shall be conducted by an independent Geotechnical testing firm; copies of all test results shall
be fumished to the office of the Bravos County Engineer.
E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways, published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES:
SP5MITTED BY :% 1 APPROVED BY:
Richard F. Vance, P.E. Commissioner William S. Thornton
County Engineer Precinct 2
CC98 -016
ApprovedWDenied❑ by Commissioners' Court
Date: 3 `
Alvin W. Jones 016unty Judge
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March 12,1998
Request for maintenance work in county road rights -of -way
To the Commissioners' Court of Brazos County, Texas
From: Southwestern Gas Pipeline Company
P.O. Box 10006
College Station, Texas 77842 -0006
AC 409 690 -0313
Locations: Alexander Road (southside)
Dilly Shaw Tap Road (one tenth mile East of FM 2776)
As referenced by attached map.
The contractor will be digging a bellhole down to the existing pipeline within the county road
right of way at each location. The purpose is to install cathodic protection equipment to monitor
corrosion on the pipeline. Once installation is complete, restoration of the surface will be made.
All work will be accomplished in accordance with Brazos County Road and Bridge Department
guidelines and safety standards.
BY: Stanton D. Wolcott
Right of Way Agent
Southwestern Gas Pipeline Company
- - -- - - - -• . ,
Y •L �' ��' `ISf• — +N�,,• r °•l.��i� iS�111 ='era ...� 4�`.Y•�ti�++�iifiaT�_ __ __— — � _ _
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REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
FRO REF:
/ e5ysoeL1nP Crossing _Parallel Installation
2420. toa' /aD0 14 Road:
Cn / /eQP�TaT�on+Tx y7R—a2Z Precinct Number:
Formal notice is hereby given that (applicant)du,�,f,.desr�rw Gas4�=l,4roposes
to place a type)�3PJ/ v�'a � fmnerlulvAblpellne within the right -of -way of
(road) gad_ In Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by three
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must by notified prior to the beginning of construction In order that a
designated inspector may inspect the actual installation.
2. That all damage to the roadways and right -of -ways will be repaired to their original
condition to the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or lower any such
line at no cost to Brazos County, should same become necessary due to widening or
lowering, or other alteration of the roadway or right -of -way.
4. That Brazos County will in no way be responsible for any damage which may occur to any
existing utility lines in the right-of -way
5. That the line will be constructed and maintained on the County right-of -way in accordance with the
Utility Accommodation Policy which was adopted by the Texas Department of Transportation on
May 29, 1989.
8. That the line or lines will be constructed no less than forty-eight inches (481 lower than the lowest
part of the drainage or bar ditch and the drainage Is to be considered at least two feet (2) below
the center of the roadway.
7. That all roads shall be bored in accordance with the Utility Accommodation Policy of the Texas
Department of Transportation dated 1989.
a. That all sites will be barricaded during the construction period.
9. That the normal charge is $500.00 per crossing and /or $40.00 per rod when paralleling the
roadway established by the Commissioners Court on January 28, 1985.
10. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -898; test shall be
conducted by an independent Geotechnical testing firm; copies of all test results shall be furnished
to the office of the Brazos County Engineer.
11. Construction shall be in strict conformance to the latest Texas Manual on Uniform Traffic Control
Devices for Streets and Highwam published by the Texas Department of Transportation, and All
other State and Federal laws governing utility construction.
Construction of this.line will begin on or after the /may of ItIcIrC46
APPROVED BY COMMISSIONERS'
COURT ON:
Date i
AlvifYW. Jones
County Judge
APPLICANT:
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Compan Name
�4�1r
Company Rtresendtide/Tifle
Telepho a Number
f2•671
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REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
FROM: REF:
PW4-eep<!'o - Crossing _ Parallel Installation _
D Road:
- 0040recinct Number: T o z
Formal notice is hereby given that (applicant) proposes
to plac a type) /�i r oAl pipeline within the right -of -way of
(road) a in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by three
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must by notified prior to the beginning of construction in order that a
designated inspector may inspect the actual Installation.
2. That all damage to the roadways and right-of-ways will be repaired to their original
condition to the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or lower any such
line at no cost to Brazos County, should same become necessary due to widening or
lowering, or other alteration of the roadway or right -of -way.
4. That Brazos County will in no way be responsible for any damage which may occur to any
existing utility lines in the right -of -way.
5. That the line will be constructed and maintained on the County right- of-way in accordance with the
Utility Accommodation Policy which was adopted by the Texas Department of Transportation on
May 29, 1989.
0. That the line or lines will be constructed no less than forty-eight Inches (481 lower than the lowest
part of the drainage or bar ditch and the drainage is to be considered at least two feet (21 below
the center of the roadway.
7. That all roads shall be bored in accordance with the Utility Accommodation Policy of the Texas
Department of Transportation dated 1989.
8. That all sites will be barricaded during the construction period.
9. That the normal charge is $500.00 per crossing and /or $40.00 per rod when paralleling the
roadway established by the Commissioners Court on January 28, 1985.
10. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -098; test shall be
conducted by an independent Geotechnical testing firm; copies of all test results shall be furnished
to the office of the Brazos County Engineer.
11. Construction shall be in strict conformance to the latest Texas Manual on Uniform Traffic Control
Devices for Streets and Highways, published by the Texas Department of Transportation, and 811
other State and Federal laws governing utility construction.
Construction of this line will begin on or after the day of a/-c10
APPROVED BY COMMISSIONERS' APPLICANT:
COURT ON:
,iii u/a'sTerv� �ad � • _ L/��e
Date om y Name
o/' vkc/ AZ e. i
Alvin W. Jones Company RepWesentative/Title
County Judge
404zz,Qo — o3i3 _
Telephone Number
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THE FOLLOWING
DOCUMENT
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT $oad and Bridge NUMBER 560001
DATE OF COURT MEETING: 3/24/98
ITEM: Request from GTE Telephone Operations to construct a_buried cable installation_
in the right-of-way of Saxon Road beginning approximately 3,800 ft, from its intersection_
with FM 2038 and extending for a distance of 3,552 ft Site is located in Precinct 3
SOURCE OF FUNDS: N/A
I. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be installed 1) within 3-5' of and parallel to the fight of -way line and/or 2) In the
case of a road bore, perpendicular to the right -of -way line.
C) If clearing of brush, trees and other obstruction is necessary. It shall be the Applicanrs
responsibility to do so and to remove all cleared brush, trees etc. from County right -of -way.
D) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test
shall be conducted by an Independent Geotechnical testing firm: copies of all test results shall
be fumished to the office of the Brazos County Engineer.
E) Construction shall be In strict conformance to the latest Texas Manual of Uniforrn Traffic
Control Devices for Streets and Highways, published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES:
IZ ED BAY: APP D BY'
i
Richard F. Vance. P.E. Commissio r Randy Sims
County Engineer Precinc
CC98 -020
ApprovedfflfDeniedO by Commissioners' Court
Date:
i
i
Alvin .'Jones, unty Judge
THE FOLLOWING
DOCUMENT
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POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
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Access Design
301 Industrial Blvd.
Bryan, TX
March 12, 1998
Richard Vance
Brazos Office Engineering Office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77803
Dear Mr. Vance:
Subject: AGRMNTS 24 BURIED CABLE - 5435 - 3POOlDF
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 Kurten, Texas.
This work is to be completed on Work Order 5435- 3POOIDF which is
scheduled for March 23, 1998. If your have any questions
concerning this work, please contact Richard Wallace at our
office in Bryan, telephone 409/821 -4752 within 15 days so that,we
may explain or modify our proposal, otherwise, it is understood
that this proposal is approved.
Sincerely,
Charlie Clanton
Senior Designer - Access Design
CFC:egc
Attachment
A part of GTE Corporation
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GENERAL TELEPHONE NOTICE OF COMMUNICATION
COMPANY LINE INSTALLATION
March 12, 1998
TO THE COMMISSIONERS 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:
Beginning at a point approximately 3800 ft. northeast
of the junction of FM 2038 and Saxon Road, 869 ft. of
buried cable will be placed northeast at 5 ft. within
the southeast R.O.W. of Saxon Road; then cable will
continue northwest for 2683 ft. at 5 ft. within the
northeast R.O.W. of Saxon Rd. The proposed cable will
be buried to a minimum depth of 30 ".
The location description of this li*Ae nd associated
appurtenances is more fully shown by two (2; copies of drawings
attached to this notice. The line will be constructed and
maintained on the County Road right -of -way in accordance with
governing laws.
Notwithstanding any other provision contained herein, it is
expressly understood that tender of this notice by the GTE
Southwest Incorporated does not constitute a waiver, surrender,
abandonment of impairment of any property rights, franchise,
easement, license, authority, permission, privilege or right, now
granted by law or may be granted in the future and any provision
or provisions so construed shall be null and void.
Construction of this line will begin on or after March 23,
1998.
GENERAL TELEPHONE COMPANY 5435 - 3P00IDF
Charlie Clanton
Senior Designer - Access Design
301 Industrial Blvd.
Bryan, Texas 77803 3 c2- 2`34 �►r�..mesar+ral..
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