HomeMy WebLinkAbout1998-06-23-0900AM-Regularl
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BRAZOS COUNTY
BRYAN, TEXAB t. .
AGENDA ,
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
JUNE 23, 1998 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN.
TEXAS.
1. Invocation - Commissioner Sims.
2. Pledge of Allegiance - Commissioner Sims.
3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens
wishing to address the Court on county- related issues not scheduled on the agenda. Please
limit subject matter to five minutes. The Commissioners will receive the information.
conduct research into the matter, and/or place the matter on a future agenda for
discussion. (A record is made of the meeting; therefore, please give your name and
address for the record.)
Consider and take action on agenda items 4 - 21:
4. Budget Amendment 97/98 -33.
5. Personnel Action Forms.
6. Payment of Claims.
7. Letter of support for the Mental Health Mental Retardation Authority of Brazos Valley's
application as a Single Portal Authority. ,
8. Amendment of Declaration of Disaster for Threat of Wild Fires.
9. Order of Commissioners Court Prohibiting Outdoor Burning. J
10. Blanket Purchase Orders.
11. Requisitions from Capital Projects Fund:
a. Duplexing Drive Cage for Auditor's Office
b. Replacement printer for County Attorney's Office
c. Computer Replacement for District Attorney's Office
d. Radios and installation for Road & Bridge Department
t e. Computer, monitor and network card for CNS
j 12. Requisition from D.A. Crime Fund for the purchase of Ballistic tntry Vests for Bryan
Police Department.
13. Request for Exemption from Competitive Bidding for Carlomagno Surveying.
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Commissioners Court Meeting Agenda
June 23, 1998
Page Two
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14. Recommendation for Delinquent Tax Attorney • RFP 98 -045.
15. Contract for the collecting of Delinquent Property Taxes.
16. Acceptance of Ethan Lane in Timbercreek at Steep Hollow Phase I Subdivision for Brazos
County maintenance. Site is located in Precinct 3.
17. Permission to enter Reagan Brown's property located off Britten Road for the purpose of
constructing a 5- strand temporary fence across an area to be conveyed to Brazos County
for improvements to Britten Road. Site is located in Precinct 4.
18. Permission for Road & Bridge to enter Michael Robinson's property located off Roans
Chapel Road for the purpose of cleaning out existing drainage channel to allow water to
drain from roadway culverts. Site is located in Precinct 3.
19. Acceptance of Wellborn WSC's cost estimate of $2,968.00 to relocate water line on
Reagan Brown's property on Britten Road relative to improvements project. Site is
located in Precinct 4.
20. Permission to enter Mrs. Jack Conrad's property located off Dick Elliott Road for the
purpose of obtaining water for construction of Francis Road, Locke Road and Wheelock
Hall Road. Site is located in Precinct 2.
21. Order Authorizing the Issuance of $10,000,000 Brazos County, Texas Certificates of
Obligation, Series 1998, and other matters related thereto.
22. Call for citizen input.
23. Announcement of interest items and possible future agenda topics.
24. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request
for sign Interpretive services must be made 48 hours before the meeting. To make arrangements,
call (409) 361 -4102.
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COMMISSIONERS' COURT
REGULAR MEETING
JUNE 23, 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, June 23, 1998, with the following members of
the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Wm. S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
Attached is a list of the citizens and officials in
attendance.
Commissioner Sims gave the invocation and led the pledge
of allegiance.
There was no citizen input and /or concerns.
The Court next considered Budget Amendment #97/98 -33.1
through 33.5, which would increase funds budgeted for Court
Support; set up new grant for the Task Force, and reallocated
funds for Road & Bridge, County Attorney. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to approve the budget amendment as
submitted, a copy of which is attached hereto.
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Commissioners Court meeting June 23, 1998
The Court proceeded to consider the change of status of
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the following employees.
NAME DEPARTMENT REASON
Lovell, Terena 361st DC Resignation
Mayfield, Billy E Bldg Maintenance New Employee
Reynolds, Cameron District Attorney Salary Inc.
Armstrong, Barbara District Clerk Resignation
Pomykl, Dana District Clerk New Employee
Macek, April District Clerk Resignation
O'Riley, Kelly District Clerk Trans in dept
R e y e s, M a r y District Clerk Trans in dept
Millhollon, M L District Clerk New Employee
Enloe, Stephanie District Clerk New Employee
Garcia, Loretta JP 4 Resignation
Palomares, Maria T JP 4 Promotion
Thibodeaux, Roy Juvenile Serv. Resignation
Williams, Sharon Juvenile Serv. Resignation
Sheppard, Alice Juvenile Serv. Resignation
Nino, Miguel Road & Bridge New Emp Temp
Tucker, Katina S/O Jail Resignation
Chenault, Duke D S/O Jail New Employee
Brawley, Elmer S/O Jail Trans in dept
Briscoe, Brad S/O Jail Trans in dept
Bachmann, Brian D S/O Jail Trans to BVNTTF
Commissioner Sims moved to approve the personnel action forms
with the exclusion of those submitted by the District Clerk.
He said that he had questions on these and that the District
Clerk was not present to answer them. The motion was seconded
by Commissioner Cauley. The Court voted unanimously to
approve the changes with the exception of those submitted by
the District Clerk.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
98- 007046 through 98- 007370
On motion by Commissioner Cauley, seconded by -Commissioner
Sims, the Court voted unanimously to approve the Claims as
submitted.
The next matter for consideration by the Court was a
request from Leon Bawcom, Executive Director of the Mental
Health Mental Retardation Authority of Brazos Valley, for a
letter of support for the Mental Health Mental Retardation
Authority of Brazos Valley's application as a Single Portal
Authority. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to write a
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Commissioners Court meeting June 23, 1998
letter of support for the Mental Health Mental Retardation
Authority of Brazos Valley.
The County Judge delayed consideration of an Amendment of
the Declaration of Disaster for Threat of Wild Fires and the
Order of Commissioners Court Prohibiting Outdoor Burning until
10:00 a.m..
The Court proceeded to consider the following blanket
Purchase Orders:
Cain's Coffee Jail $ 500
Lilly Dairy Jail $2,300
ButterKrust Jail $1,300
Ben E. Keith Jail $3,000
US Foodservice Jail $1,750
Labatt Food Jail $1,250
Alliant Food Jail $5,000
Performance Food Jail $1,200
Sysco Food Service Jail $7,000
Scarmardo Produce Jail $1,500
Adv Rent -a -Car Juvenile Sery $3,000
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The Court next considered approval of requisitions from
Capital Expenditures for the following purchases:
a) Duplexing Drive Cage for Auditor's Office
$348.00
b) Replacement Printer for County Attorney's
Office $445.00
c) Computer Replacement for District
Attorney's Office $1,264.00
d) Radios and installation for Road & Bridge
Department $1,257.00
e) Computer, monitor and network card for
CNS $4,016.00
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the
requisitions to be paid from Capital Expenditures.
The Court next considered approval of a requisition from
the D. A. Crime Fund for the following purchase:
a) Ballistic Entry Vests for Bryan Police
Department $4,362.40
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Commissioners Court meeting June 23, 1998
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the
requisitions to be paid from the D. A. Crime Fund.
The Court next considered an Exemption from Competitive
Bidding -Requirements of Local Government Code, Section
262.024(a)(4). This is for the purchase of professional
survey services from Carlomagno Surveying , Inc.. On motion
by Commissioner Sims, seconded by Commissioner Cauley, the
Court voted unanimously to approve the Exemption of
Competitive Bidding Requirements and authorized the payment
for all professional services from the designated firm for the
1997 -1998 fiscal year.
The Court next considered the recommendation for the
Delinquent Tax Attorney, RFP 98 -045. The Delinquent Tax
Collection Committee was made up of Randy Sims, Commissioner
Precinct 3, Bill Thornton, Commissioner Precinct 2, David
Neal, Deputy Superintendent for Business CSISD, Michael
Cosentino, City Attorney for City of Bryan and Charles Cryan,
Acting Fiscal Services Director, City of College Station.
Using the criteria of proposal clarity, proven experience,
sufficiency of Data Processing services, client references,
increased collections and staff experience, the committee's
recommendation was to award the contract to McCreary, Veselka,
Bragg & Allen P.C.. On motion by Commissioner Sims, seconded
by Commissioner Thornton, the Court voted unanimously to
accept the recommendation of the committee and award the
contract to McCreary, Veselka, Bragg & Allen P.C.. Paragraph
8 of the contract will be rewritten for clarification.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the firm of
McCreary, Veselka, Bragg & Allen P.C.. The firm will provide
delinquent tax collection services to the County. The County
will pay for services rendered, fifteen (15 %) of all
delinquent taxes, penalty and interest collected by the firm.
The term of the contract will be from July 1, 1998 through
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Commissioners Court meeting June 23, 1998
June 30, 2000. On motion by Commissioner Sims, seconded by
Commissioner Thornton, the Court voted unanimously to enter
into contractual agreement with the firm of McCreary, Veselka,
Bragg & Allen P.C. subject to the clarification in paragraph
8. A copy of the contractual agreement is attached hereto.
The next matter before the Court was the acceptance of
Ethan Lane in Timbercreek at Steep Hollow Phase I Subdivision
for maintenance by Brazos County. The site is in Precinct 3.
The County Engineer stated that the road meets Brazos County
standards as required by the Subdivision and Development
Regulations. on motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to accept
Ethan Lane for road maintenance.
The Court next considered authorizing work outside of
county rights -of -way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Reagan Brown on
Britten Road in Precinct 4 to construct a 5 strand temporary
fence across an area to be conveyed to Brazos County for
improvements to Britten Road. On motion by Commissioner
Cauley, seconded by Commissioner Sims, the Court voted
unanimously to authorize the work.
The Court next considered authorizing work outside of
county rights -of -way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Michael Robinson
on Roans Chappell Road in Precinct 3 to clean out an existing
drainage channel to allow water to drain from roadway
culverts. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to authorize
the work.
The Court next considered acceptance of the Wellborn
Water Supply Corporation cost estimate of $2,968.00 for
relocation of a water line on Regan Brown's property for
improvements on Britten Road in Precinct 4. On motion by
Commissioners Court meeting June 23, 1998
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to accept the Wellborn Water Supply
Corporation cost estimate of $2,968.00 for relocation of a
water line for the Britten Road improvements.
The Court next considered authorizing work outside of
county rights -of -way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Mrs. Jack Conrad
on Dick Elliott Road in Precinct 2 to obtain water for
construction of Francis Road, Locke Road and Wheelock Hall
Road. On motion by Commissioner Thornton, seconded by
Commissioner Jones, the Court voted unanimously to authorize
the work.
The County Judge stated that item 21 on the agenda would
be considered at 10:00 a.m..
Under citizen input and /or concerns, Demetrios Basdekas
asked the status of the expo center, textile mill and septic
system inspections. He commented on the salary study and once
again voiced support for the Carver Governance system. Mike
Parks, MPO, informed the Court of a TxDOT meeting to be held
that evening.
The County Judge asked the Court to reconsider two
personnel changes of status in the District Clerk's office.
These were two new hires, Mindi L. Millhollon and Stephanie
Enloe. He said that he received a message from the District
Clerk asking the Court to consider action on these two because
they would be starting work on Wednesday. On motion by
Commissioner Sims, seconded by Commissioner Jones, the Court
voted unanimously to approve the personnel action forms of
the two new hires, Mindi L. Millhollon and Stephanie Enloe.
The court next considered the Order Authorizing the
Issuance of $10,000,000 Brazos County, Texas Certificates of
Obligation, Series 1998. Paul Martin, Bond Counsel, updated
+ the Court on the negotiations with NationsBank. He
recommended adopting the Order Authorizing the issuance of the
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Commissioners Court meeting June 23, 1998
certificates and informed the Court that the interest rate at
f this time is 4.6336 %. On motion by Commissioner Cauley,
seconded by Commissioner Sims, the Court voted unanimously to
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adopt the Order Authorizing the Issuance of $10,000,000 Brazos _
f County, Texas Certificates of Obligation, Series 1998.
The County Judge recessed the meeting until 11:00 a.m.,
i at which time the Court would consider an amendment of the
Declaration of Disaster for Threat of Wild Fires and the Order
of the Commissioners Court Prohibiting Outdoor Burning.
The County Judge reconvened the meeting at 11:00 a.m. and
proceeded to consider an amendment to the Declaration of
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Disastt `or Threat of Wild Fires. On motion by Commissioner
Thornton, seconded by Commissioner Cauley, the Court voted
unanimously to approve the amendment of the Declaration of
Disaster for Threat of Wild Fires. A copy of the amended
Declaration is attached hereto.
The next matter for consideration was the adoption of an
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Order Prohibiting Outdoor Burning. On motion by Commissioner
i Cauley, seconded by Commissioner Sims, the Court voted
unanimously to adopt an Order Prohibiting Outdoor Burning.
r Commissioner Thornton explained that the maximum fine was
$1,000.00.
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The County Judge made the following comments:
1) He received a letter from a user of the
Arena Complex commending Sandra Zweifel.
2) He received a cost estimate from Rick
Ravey on the 160 beds in the jail. It
i will cost $35,000 per bed in single cells
and 160 dorm beds at $28,000 per bed.
This will be in excess of $5 million
dollars.
3), He received a letter from Bill Jeanes in
reference to insurance. It needs to go
E on the next agenda.
4) He has the projected revenues for the
1999 budget.
5) Judge Langely, the Administrative Judge,
+ has issued notice of a public hearing to
be held July 7, 1998 to discuss the
Auditor's budget and Court Reporters
salaries.
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Commissioners Court meeting June 23, 1998
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court meeting
held June 23, 1998 have been examined and are approved in open
Court this the 25 Y-L day of 19_29, in
Bryan, Brazos County, Texas.
Alvin W. Jon
County Judge
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Wm. 4S. Thornton
Commissioner,
Precinct No. 2
C --f"a -4,7.w -, r'-4�
y Cau ey, Jr
Commissi er,
Precinct No. 4
Precinct No. 1
Randy ms
Commi sioner,
Precinct No. 3
Mary Afin Ward
County Clerk
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BRAZOS COUNTY COMMISSIONERS MEETING ON el�.c.tQ AT f 7t
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BRAZOS COUNTY COMMISSIONERS' MEETING ON ,,•y�; �'3, ;��� nT A. M.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1997 -1998 BUDGET YEAR
NO. 97/98 -33.1 through 33.5
On this the 23rd day of June 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 June 23, 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 23rd day of June 1998.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: 04--.�d-QL 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 -33.1
6/23/99
FD
DIV
ACCT
PROJ
DR /CR
ACCOUNT NAME
Increase
Decrease
30
1911
516100
191198
Dr
Hourly Staff
56,426.00
30
1911
516150
191198
Dr
Hourly Law Enforcement
288,732.00
30
1911
531000
191198
Dr
Social Security
26,408.00
30
1911
532000
191198
Dr
Retirement
33,751.00
30
1911
533000
191198
Dr
Group Insurance
41,760.00
30
1911
538000
191198
Dr
Workers Comp
5,323.00
30
1911
539000
191198
Dr
Unemployment
93100
30
1911
612400
191198
Dr
Drup Testing
600.00
30
-1911
618010
191198
Dr
Travel
11,000.00
30
1911
611100
191198
Dr
Conference & Seminar
4,400.00
30
1911
802030
191198
Dr
Computer Hardware
2,300.00
30
1911
802810
191198
Dr
I E ui rnent- Surveillance
400.00
30
1911
808900
191198
Dr
Vehicles
20,000.00
30
1911
600300
191198
Dr
Canine Supplies
4,000.00
30
1911
601700
191198
Dr
Copier/Computer Supplies
2,000.00
30
1911
606000
191198
Dr
Office Supplies
13,000.00
30
1911
611200
191198
Dr
Confidential Funds
80,000.00
30
1911
614000
191198
Dr
Vehicle Insurance
12,240.00
30
1911
614500
191198
Dr
Miscellaneous
3,000.00
30
1911
614600
191198
Dr
Pagers
1,004.00
30
1911
617300
191198
Dr
Telep hone- Long distance
1,500.00
30
1911
617400
191198
Dr
Telephones
8,500.00
30
1911
617500
191198
Dr
Cellular Pliones
7,200.00
30
1911
618800
191198
Dr
Utilities
7,800.00
30
1911
653200
191198
Dr
Equipment Maintenance
6,000.00
30
1911
653500
191198
Dr
Gas,Oil Maintenance
28,800.00
30
1911
659500
191198
Dr
Vehicle Maintenance
9,60000
30 1
1911
725900
191198
Dr
Professional Fee-Cleaning
1,300.00
30
1911
726800
191198
Dr
Security Services
300.00
30
460500
191198
Cr
Matching Funds
169,626.00
30
480475
191198
Cr
Grant -NTfF
508,651.00
NARCOTICS TRAFFICKING
TASK FORCE - Grant a DB98 -NO4-12009
Period 6/1/98 - 5/31/99
As approved by the State.
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Prepared By:',', ? "{i`''rmkw` Approved By: . • o,
,Date: ' =t:. . ' '_6/8/98 Date:._
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BRAZOS COUNTY, i , 1 Lf AS
BUDGET AMENDMENTS
No. 97/98 -33.2
6/23/98
FD
DIV
ACCT
PROD
DR/CR
ACCOUNT NAME
Increase
Decrease
01
1810
514400
181098
Dr
Salary-Law Enforcement
4,000.00
01
1810
618070
181098
Dr
Travel - Reimbursable
2,200.00
01
1810
714000
181098
Cr
Peace Officers
6,200,00
County Attorney - Kids and Ko s Grant
Budget Amendment as Approved by Texas Department of Transportation 6/8/98
Prepaced By: ` stc, ,Approved By: '
Date:-', ' . . 619198 Date: ;_ ` -' .- - •.._... ..._ ..
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 97/98 -33.3
6/23/98
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 110100 610200 DR Autopsy 35,200.00
01 110015 611300 CR Contigency 35,200.00
Court Support Costs - To increase budget for autopsy services.
Estimate based on 8 months historical data at approx. $8,800.00 /mo.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 97/98 -33.4
6/23/98
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
45 630005 802870 560098 Dr Equipment - Radios 1.295.00
45 630005 802860 560098 Cr Equipment - Other 1295.00
Capital Projects
Road and Bridge - To reclassify capital projects budget to allow the purchase of radio
eauioment for newlv vurchased eauioment.
Prepared IIyr . mkw, Approved Bys :
pate: _:�;. �•.. rLGYf.i l t'.luYs /17/98, : Date:
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 97/98 -33.5
6/23/98
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CONTRACT FOR THE COLLECTION OF
DELINQUENT PROPERTY TAXES
THE STATE OF TEXAS
COUNTY OF BRAZOS
THIS CONTRACT is made and entered into by and between The County of Brazos,
Texas (The County), acting herein by and through its governing body, and McCreary,
Veselka, Bragg and Allen, P.C. (The Firm), 5929 Balcones Drive, P.O. Box 26990,
Austin, Texas, 78755.
I.
The County agrees to employ and does hereby employ The Firm to enforce by
suit or otherwise the collection of all delinquent taxes, penalty and interest owing to The
County. Current year taxes which become delinquent within the period of this contract
shall become subject to the terms of the contract upon the following conditions:
A. Taxes on real estate that become delinquent during the term of this contract,
that are not delinquent for any prior years, become subject to the terms of this
contract on July 1" of the year in which they become delinquent. Taxes on
personal property shall become subject to this contract thirty (30) days after
delinquency as defined by the Texas Property Tax Code.
B. Taxes that become delinquent during the term.of this contract, on property
that is delinquent for prior years and is the subject of a suit to collect the prior
years delinquent taxes, shall become subject to its terms on the first day of
delinquency as defined by the Texas Property Tax Code.
IL
The County agrees to fumish all necessary delinquent tax information to The
Firm on all property within the boundaries of The County. The County shall provide
The Firm a computer tape of all delinquent taxes each quarter of the year. The County
hereby authorizes The Firm to determine the name, identity and location of necessary
parties and to procure necessary legal descriptions of property and hereby assigns to The
Firm the right to recover the costs of obtaining such information.
Ill.
The Firm agrees to mail the tax notices required by Section 33.07 of the Texas
Property Tax Code at no charge provided that The County furnishes the current year
delinquent tax information on computer tape to The Firm on or before the 100, day of
May of each year.
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IV.
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The County shall provide Office Space in the County Tax Office to
accommodate two (2) employees of The Firm and system access for The Firm's two (2)
computer terminals and a printer.
V.
The Firm is to advise The County of errors, double assessments or other
discrepancies coming under observation during the progress of the work.
VI.
The Firm is to intervene on behalf of The County in all suits for ad valorem
taxes hereafter filed by any other taxing unit on property located within its boundaries.
VII.
The Firm agrees to make written delinquent tax collection progress reports to
The County quarterly or upon request.
VIII.
A collection goal of sixty -five percent (65 %) of the balance of the current taxes
due on July 1" to be collected by the following June 300' is established for the City of
College Station. A collection goal of sixty -five percent (65 %) of the balance of the
current taxes due on July 1" to be collected by the following June 30's is established for
the College Station Independent School District. A collection goal of fifty percent (50 %)
of the balance of the current taxes due on July I" to be collected by the following June
30'h is established for the City of Bryan and a collection goal of fifty -two percent (52 %)
of the balance of the current taxes due on July I" to be collected by the following June
30'h is established for Brazos County. The Firm shall escrow ten percent (10 %) of the
fees payable to The Firm in an interest bearing account. When it is determined whether
or not the units goals have been met, the escrow account shall be distributed as follows:
If a unit goal is met or exceeded, the amount of principle and interest in escrow for that
unit is paid to The Firm. If the goal is not met or exceeded, said principle amount plus
one half of the interest accrued on that amount is paid to that unit and the balance of the
interest is paid to The Firm.
IX.
The County agrees to pay The Firm, for services rendered, fifteen percent (15 %)
of all delinquent taxes, penalty and interest collected by The County for itself and all the
taxing units for which it collects except for the Bryan Independent School District, for
years covered by this contract. The penalty imposed pursuant to Section 33.07 of the
t�
Property Tax Code is not subject to this contractual fee. The County shall pay fees due
The Firm monthly by check.
X
The Firm agrees to include with its tax lien foreclosures, for the Cities of Bryan
and College Station, any other city liens which are assessed against the same properties.
An additional title research fee of $25.00 shall be charged against these properties to be
collected as court costs and paid to The Firm.
XI.
The Firm agrees to pay in the month of July all the taxes, penalties and interest
on those accounts on which the total due is one dollar ($1.00) or less.
MI.
The Firm shall and does hereby agree to indemnify and hold harmless The
County, its Officers and employees, from any and all damages, loss, or liability of any
kind whatsoever, by reason of injury to property or third persons occasioned by any error,
omission or negligent act of The Firm, its officers, agents, employees, invitees, and
other persons for whom it is legally liable, with regard to the performance of this
Contract, and The Firm will, at its cost and expense, defend and protect The County
against any and all such claims and demands.
MI.
This contract is drawn to cover a period beginning July I, 1998 and ending June
30, 2000, with the option to renew for an additional two (2) year period, and each party
shall have the right to terminate this contract by giving at least thirty (30) days written
notice of such intention; 'provided however, that The Firm shall have an additional six
(6) months to reduce to judgment and sale all tax collection lawsuits filed and collect all
bankruptcy claims filed prior to the date last mentioned and shall have the exclusive right
to compensation of fees earned due to these suits during this six (6) month period. In
consideration of the terms and compensation herein stated, The Firm hereby accepts said
employment and undertakes the performance of this contract as above written.
XIV.
The Firm fully incorporates into this contract all terms and conditions presented
to The County in its "Proposal for the Collection of Delinquent Property Taxes" on June
5, 1998.
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BRAZOS COUNTY
COMMISSIONERS'COURT ACTION •-
DEPARTMENT `... and BrIdgo- NUMBER 560001
DATE OF • •:
ITEM: Permission to enter Reaaan Brown's propedy located off Britten Road for the
purpose • • I• .1• temporaly fence across to be conveyed to
Brazos • ly for improvements to Britten Road@ Brazoa • 1 -ll• a temporaly
fence ••1 completion of •x111- "1 l = •1"• •'111 •1 •111 Tc 1'd
logated In Precinct
SOURCE OF FUNDS: N/A-
i. NOTES /EXCEPTIONS:.
II. ACTION REQUESTED OR ALTERNATIVES:
S BMITTED BY: APPROVED BY:
&aZzl - CMWAL214
Richard F. Vance, P.E. C mmissio er Carey Caule
County Engineer Precinct 4
CC98 -049
Approvedfi denied❑ by Commissioners' Court
Date: /„ 3 -.,_9B
a.. ;x (Y' � -
Alvin W. Jones, C unty Judge
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BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
Alvin W. Jones
County Judge
Tony Jones OF B
Commissioner Pa t
Winaim S' Thornton
Commissioner Pci Z
Randy Sims
InR)G���'
Commissioner Pet 0
Carey Cautey
Commissioner Pet 4
Date June 12, 1998
I. LAND OWNER AND ADDRESS Reagan Brown
1302 Brook Hollow Drive
Bryan, Texas 77802
II. LOCATION OF WORK Britten Road
III. DESCRIPTION OF WORK TO BE DONE Upon completion of survey approximately
0.10 of one acre to be conveyed to Brazos County for improvements to
Britten Road. Brazos County will pay $2,500.00 per acre for the land
to be conveyed by Reagan Brown to Brazos County. Permission to construct
5- strand temporary fence across area to be conveyed to allow construction
of road to begin.
IV. MAINTENANCE YES _ NO x
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
Brazos Countv will remove temporary fence upon completion of permanent fence.
01 -15
Richard . Vance, P.E. n i�l„r�j Q2z'
County Engineer
OWNER'S SIGNATURE t -r p4, L • ' -, 2 DATE G?
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: 6/23/98
ITEM: Permission to enter Michael Robinson's propedy located off Roans Chanel Road
for the purpose of cleaning out existing drainage channel to allow water to drain from
roadway culverts. Signed permission form is attached. Site is located in Precinct 3_
SOURCE OF FUNDS: N/A
i. NOTES /EXCEPTIONS:.
II. ACTION REQUESTED OR ALTERNATIVES:
S BMITTED BY�Al, APP ED
& &/"; i � e - -
Richard F. Vance, P.E. Commis sio r Randy Sims
County Engineer Precinct
s;114
Approvedg DeniedO by Commissioners' Court
Date: 4, -
Alvin A Jones, Cou ty Judge
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c BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
Alvin W. Jones
County Judge
r Tony Jones OF B
* Commissioner Pd t J� 9t'
O
Sandie Walker
Commissioner Pet 2 V C7
Randy Sims t ei
x Commissioner Pet 2 a snroct
•r caret' Cauley
i Commissioner Pet 4
r
Date 6 –Is'- ?1?
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4 I. LANDOWNER AND ADDRESS •M; � ic. /
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II. LOCATION OF WORK _¢ z R A Ro L w .t CG 02e l k-ael
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III. DESCRIPTION OF WORK TO BE DONE _C/e,& . a .i , �g e
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IV. MAINTENANCE YES Z NO— • .
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
a nrr..�^.f e.usto.r
(O ner will be notified prior to maintenance)
Richard F. Vance, P.E. Engineer Aide /Foreman
County Engineer
OWNER'S SIGNATUR DATE- -
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: 6/23/98
ITEM: Permission to enter Mrs. Jack C:onrad's grgpedy located off Dick Elliott Road
for thepu[pose of obtaining water for construction of Francis Road. Locke Road and
Wheelock Hall Road In lieu of payment the property owner has requested that her
driveway. be bladed and dust controlled Signed permission form Is attached Site is
located in Precinct ?-
SOURCE OF FUNDS: NIA
I. NQTES /EXCEPTIONS:.
II. ACTION REQUESTED OR ALTERNATIVES:
SU ITTED BY: APPROVED BY:
Richard F. Vance, P.E. loCommissioner William S. Thornton
County Engineer Precinct 2
CC98 -052
ApprovedlElDeniedO by Commissioners' Court
Date:
•
Alvin .Jones, Co ty Judge
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BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
Ain W Jones f
County Judge
Tony Janes OF B
Commissioner Pet 1 J - :f
Wdlalm S Thornton �
Commissioner Pct 2
Randy Sims �'0 s sNipGt ',
Commissioner Pct 3
Carey Cauley
Commissioner Pct 4
Date- �� " "9%
I. LAND OWNER AND ADDRESS
1 4ss 0,•c.[�
II. LOCATION OF WORK
III. DESCRIPTION OF WORK TO BE DONE G.�7 •a.�- --�lOk
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IV. MAINTENANCE YES _ NC�d
a.
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
(Own r will be notified prior to maintenance)
V� A.,�.
Richard F. Vance, P.E. Engineer -Aide /Foreman
County Engineer
OWNER'S SIGNATURE DATE A V-9 Y
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GENERAL CERTIFICATE
We, the undersigned. County Judge and County Clerk respectively. of Brazos County. Texas (the TAunt^
hereby certify as follows:
1. This certificate is executed for and on behalf of the County for the benefit of the Attorney General of
the State of Texas and the owners of the BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION.
SERIES 1998. dated July 1, 1998, in the principal amount of $10,000,000 (the "Certificates "), authorized by an order
passed by the Commissioners Court of the County on June 23, 1998 (the "Order").
2. The County is a duly organized county under the Constitution and laws of the State of Texas.
3. No litigation of any nature has ever been filed pertaining to, affecting, questioning, or contesting: (a)
the Order, (b) the issuance, execution, delivery, payment, security, or validity of the Certificates; (c) the authority
of the governing body and the officers of the County to issue, execute, and deliver the Certificates; (d) the provisions
made for the security for the payment of the Certificates; or (e) the validity of the corporate existence or the current
tax rolls of the County; and no litigation is pending pertaining to, affecting, or contesting the boundaries of the
County.
4. The County is not in default as to any covenant, condition, or obligation in connection with any of its
currently outstanding obligations secured by the pledged revenues, or the orders authorizing their Issuance, and each
of the funds or accounts, if any, established by the orders, contains the amounts required to be on deposit therein.
S. The currently effective ad valorem tax appraisal rolls are those for the year 1997, being the most recently
approved tax rolls of the County; the Commissioners Court of the County has caused the taxable property in the
County to be assessed as required by law; and the valuation of taxable property in the County, and the aggregate
amount of exemptions, and the net effective taxable value of taxable property in the County, according to the
aforesaid tax rolls for said year, as delivered to the County Clerk of the County, and finally approved and recorded
by the Commissioners Court of the County, are as follows:
Assessed Value: S
Exemptions:
Taxable Value: S
6. A true, correct, and complete statement of all outstanding indebtedness of the County payable from ad
valorem taxes is attached hereto as Exhibit A.
7. A true and correct schedule showing the annual requirements of all of the outstanding indebtedness of
the County payable from taxes, together with the Certificates, is attached hereto as Exhibit B.
8. A true and correct statement reflecting the gross revenues of the Brazos Center (the "Center") for the
previous three years is as follows:
19977 1996 1995
Gross Revenues
9. No petition signed by at least S% of the qualified electors of the County has been filed with the County
Judge, the County Clerk, any member of the Commissioners Court of the County, or any other officer of the County
protesting the issuance of the Certificates or requesting a referendum election on the question of their issuance.
VVL._L�.�'Rta�,.
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[REVISE] EXHIBIT A
OUTSTANDING TAX SUPPORTED DEBT
Certificates of Obligation, Series 1987
Certificates of Obligation, Series 1996
Total
$2,545,000
8.500.000
EXHIBIT B
DEBT SERVICE SCHEDULE
B-1
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PAYING AGENT/REGISTRAR AGREEMENT
THIS PAYING AGENT/REGISTRAR AGREEMENT entered into as of July 1. 1998 (the "Agreement"), by
and between BRAZOS COUNTY, TEXAS (the "Issuer "), and NA11ONSBANK OF TEXAS, N.A., Houston, Texas, a
banking association duly organized and existing under the laws of the United States of America (the "Bank').
RECITALS
WHEREAS. the Issuer has duly authorized and provided for the issuance of its "Brazos County, Texas
Certificates of Obligations, Series 1998" (the "Securities "), such Securities to be issued in fully registered form only
as to the payment of principal and interest thereon;
WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof as provided in the
"Order" (hereinafter defined);
WHEREAS. the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the
payment of the principal of, premium, if any, and interest on the Securities and with respect to the registration,
transfer, and exchange thereof by the registered owners thereof,
WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the issuer and has full power
and authority to perform and serve as Paying Agent/Rcgistrar for the Securities;
NOW. THEREFORE, it is mutually agreed as follows:
ARTICLE 1. APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR
Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to
the Securities. As Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer
the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered
owner's thereof, all in accordance with this Agreement and the Order.
The Issuer hereby appoints the Bank as Registrar with respect to the Securities. As Registrar for the Securities, .
the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said
Securities and with respect to the transfer and exchange thereof as provided herein and in the Order.
The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the
Securities.
Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar. the Issuer
hereby agrees to pay the Bank the fees and amounts set forth in Schedule A attached hereto for the first year of this
Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services
as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the
close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year.
In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements
and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable
compensation and the expenses and disbursements of its agents and counsel).
ARTICLE 11. DEFINITIONS
Section 2.01. Definition:. For all purposes of this Agreement, except as otherwise expressly provided or
unless the context otherwise requires:
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"Bank Office" means the designated corporate trust office of the Bank as indicated on the signature page
t hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office.
"Fiscal Year" means the fiscal year of the Issuer, ending September 30.
"Holder" and "Security Holder" each means the Person in whose nam-- a Security is registered in the Security
Register.
"Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the
County Judge, the County Treasurer, or the County Auditor, any one or more of said officials, delivered to the Bank.
"Legal Holiday" means a day on which the Bank is required or authorized to be closed.
"Order" mean the order of the governing body of the Issuer pursuant to which the Securities are issued,
certified by the County Clerk or any other officer of the Issuer and delivered to the Bank.
"Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust,
unincorporated organization or government or any agency or political subdivision of a government.
"Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion
of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any
mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in
lieu thereof pursuant to Section 4.06 hereof and the Order).
"Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for such
redemption pursuant to the terms of the Order.
"Responsible Officer" when used with respect to the Bank means the Chairman or Vice - Chairman of the Board
of Directors, the Chairman or Vico-chairman of the Executive Committee of the Board of Directors, the President,
any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any
Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily
performing functions similar to those performed by any of the above designated officers and also means, with respect
to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge
of and familiarity with the particular subject.
"Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the
registration and transfer of the Securities.
"Stated Maturity" means the date specified in the Order the principal of a Security is scheduled to be due and
payable.
Section 2.02. Other Definitions. The terms "Bank," Issuer," and "Securities (Security)" have the meanings
assigned to them in the recital paragraphs of this Agreement.
no term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this
Agreement.
ARTICLE III. PAYING AGENT
Section 3.01. Duties of Paying Ar -ent. As Paying Agent, the Bank shall, provided adequate collected funds
have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of
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each Security at its Stated Maturity, Redemption Date. or'Accelemdon Date, to the Holder upon surrender of the '
'- Security to the Bank at the Bank Office,
As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose
by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the
amount of interest to be paid each Holder and preparing and sending checks by United States Mail, first class postage
prepaid, on each payment date, to the Holders of the Securities (or their Predecessor Securities) on the respective ,
Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank,
requested in writing by the Holder at the Holder's risk and expense. i
3
Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on
the Securities on the dates specified in the Order.
ARTICLE IV. REGISTRAR '
Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and
on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register ") i
for recording the names and addresses of the Holders of the Securities, the transfer, exchange, and replacement of
the Securities, and the payment of the principal of and interest on the Securities to the Holders and containing such
other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the issuer
and the Bank may prescribe. All transfers, exchanges, and replacement of Securities shall be noted in the Security
Register.
Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written
instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a
member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the
Holder thereof or his agent duly authorized in writing.
The Bank may request any supporting documentation it feels necessary to effect a re- registration, transfer, or s
exchange of the Securities.
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To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange —�
or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities
delivered to the Holder or the assignee of the Holder in not more than three business days after the receipt of the
Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange
duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying
Agent/Registrar.
Section 4.02. Certificates. The issuer shall provide an adequate inventory of printed Securities to facilitate
transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in
safekeeping pending their use, and reasonable care will be exercised by the Bank in maintaining such Securities in
safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other political
subdivisions or corporations for which it serves as registrar. or that is maintained for its own securities.
Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating
to the registration, payment, transfer, and exchange of the Securities in accordance with the Bank's general practices
and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in
any form other than those which the Bank has currently available and currently utilizes at the time.
The Security Register may be maintained in written form or in any other form capable of being converted into
written form within a reasonable time.
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Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer,
upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also
inspect the information contained in the Security Register at any time the Bank is customarily open for business,
provided that reasonable time is allowed the Bank to provide an up- to-date listing or to convert the information into
written form.
Unless required by law, the Bank will not release or disclose the contents of the Security Register to any
person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt
of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure
of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order
or such release or disclosure of the contents of the Security Register.
Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines,
surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or
which have been paid.
Section 4.06. Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby instructs the Bank, subject
to the applicable provisions of the Order, to deliver and issue Securities in exchange for or in lieu of mutilated,
destroyed, lost, or stolen Securities as long as the same does not result in an over issuance.
In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank, in its discretion, may execute
and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not
contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in
substitution for such destroyed lost or stolen Security, only after (i) the filing by the Holder thereof with the Bank
of evidence satisfactory to the Bank of the destruction, loss, or theft of such Security, and of the authenticity of the
ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the issuer
and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation,
execution, and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or
destroyed, lost, or stolen.
Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of
written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section
3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and
Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to
Section 4.06.
ARTICLE V. THE BANK
Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use
reasonable care in the performance thereof.
Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the
statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless
it shall be proved that the Bank was negligent in ascertaining the pertinent facts.
(c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur
any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers,
if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to
it against such risks or liability is not assured to it.
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Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer,
upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also
inspect the information contained in the Security Register at any time the Bank is customarily open for business,
provided that reasonable time is allowed the Bank to provide an up- to-date listing or to convert the information into
written form.
Unless required by law, the Bank will not release or disclose the contents of the Security Register to any
person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt
of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure
of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order
or such release or disclosure of the contents of the Security Register.
Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines,
surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or
which have been paid.
Section 4.06. Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby instructs the Bank, subject
to the applicable provisions of the Order, to deliver and issue Securities in exchange for or in lieu of mutilated,
destroyed, lost, or stolen Securities as long as the same does not result in an over issuance.
In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank, in its discretion, may execute
and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not
contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in
substitution for such destroyed lost or stolen Security, only after (i) the filing by the Holder thereof with the Bank
of evidence satisfactory to the Bank of the destruction, loss, or theft of such Security, and of the authenticity of the
ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the issuer
and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation,
execution, and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or
destroyed, lost, or stolen.
Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of
written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section
3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and
Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to
Section 4.06.
ARTICLE V. THE BANK
Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use
reasonable care in the performance thereof.
Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the
statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless
it shall be proved that the Bank was negligent in ascertaining the pertinent facts.
(c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur
any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers,
if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to
it against such risks or liability is not assured to it.
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(d) The Bank may rely and stall be protected in acting or refraining from acting upon any resolution,
certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or
other paper or document believed by it to be genuine and to have been signed or presented by the proper party or
parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any
Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer
or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall
not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement,
instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document
supplied by Issuer.
(e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall
be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it
hereunder in good faith and in reliance thereon.
(i) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or
by or through agents or attorneys of the Bank.
Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities
shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness.
The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person
for any amount due on any Security from its own funds.
Section 5.04. May Hold Securitiel: The Bank, in its individual or any other capacity, may become the owner
or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not
the Paying Agent/Registrar, or any other agent.
Section 5.05. Money Held by Bank. A special depository account shall at all times be kept and maintained
by the Bank for the receipt, safekeeping, and disbursement of money received from the Issuer and held hereunder
for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the
Securities, to the extent permitted by law, shall be continuously collateralized by securities or obligations which
qualify and are eligible under the laws of the State of Texas to secure and be pledged as collateral for deposits of
public funds by an instrumentality and political subdivision of the State of Texas to the extent that such money is
not insured by the Federal Deposit Insurance Corporation. Payments made from such account shall be made by
check drawn on such account unless the owner of such Securities shall, at its own expense and risk, request such
other medium of payment.
All funds at any time and from time to time provided to or held by the Bank hereunder shall be deemed,
construed, and considered for all purposes as being provided to or held by the Bank in trust. The Bank
acknowledges, covenants, and represents that it is acting herein in trust in relation to such funds, and is not accepting.
holding, administering, or applying such funds as a banking depository, but solely as a paying agent for and on behalf
of the Security thereto. The Holders shall be entitled to the same preferred claim and first lien on the funds so
provided as are enjoyed by the beneficiaries of trust funds generally. The funds provided to the Bank hereunder shall
not be subject to warrants, drafts or checks drawn by the Issuer and, except as expressly provided herein, shall not
be subject to compromise, setoff, or other charge or diminution by the Bank.
The Bank shall be under no liability for interest on any money received by It hereunder.
Subject to the unclaimed property laws of the State of Texas and any provisions in the Order to the contrary,
any money deposited with the Bank for the payment of the principal, premium (if anyl or interest on any Security
and remaining unclaimed for three years after final maturity of the Security has become due and payable will be paid
by the Bank to the issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment
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the Bank is directed to report and dispose of the funds in compliance with Title 6 of the Texas Property Code, as
amended.
Section 5.06. Indemnification. To the extent permitted bylaw, the Issuer agrees to indemnify the Bank for,
and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part,
arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and
expense against any claim or liability in connectionwith the exercise or performance of any of its powers or duties
under this Agreement.
Section 5.07. Interpleuder. The Issuer and the Bank agree that the Bank may seek adjudication of any
adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District
Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is
located, and agree that service of process by certified or registered mail, return receipt requested, to the address
referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree
that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights
of any Person claiming any interest herein.
Section 5.08. Depository Trust Company Services. It is hereby represented and warranted that, in the event
the Securities are otherwise qualified and zccepted for "Depository Trust Company" services or equivalent depository
trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply
with the "Operational Arrangements," effective August 1, 1987, which establishes requirements for securities to be
eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of
payments and funds availability, transfer turnaround time, and notification of redemptions and calls.
Section 5.09. Reporting Requirements of Paying AQent/Reelstrar. To the extent required by the Code and
the regulations promulgated and pertaining thereto, it shall be the duty of the Paying Agent/Registrar, on behalf of
the Issuer, to report to the owners of the Certificates and the Internal Revenue Service (i) the amount of "reportable
payments ", if any, subject to backup withholding during each year and the amount of tax withheld, if any, with
respect to payments of the Certificates and (ii) the amount of interest or amount treating as interest on the Certificates
and required to be included in gross income of the owner thereof.
ARTICLE Vi. MISCELLANEOUS PROVISIONS
Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both
of the parties hereto.
Section 6.02. Asslenment. This Agreement may not be assigned by either party without the prior written
consent of the other.
Section 6.03. t1otic . Any request, demand, authorization, direction, notice, consent, waiver, or other
document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or
delivered to the Issuer or the Bank, respectively, at the addresses shown on the signature page of this Agreement.
Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall
not affect the construction hereof.
Section 6.05. Successors and Assiens. All covenants and agreements herein by the Issuer shall bind its
successors and assigns, whether so expressed or not.
Section 6.06. S�tverabllity. In case any provision herein shall be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
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Section 6.07. 1jenellts of Agreement. Nothing herein, express or implied, shall give to any Person, other than
the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim
hereunder.
Section 6.08. Entire Agreement. This Agreement and the Order constitute the entire agreement between the
parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement
and the Order, the Order shall govern.
Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original and all of which shall constitute one and the same Agreement.
Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal
of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon 60 days
written notice; provided, however, an early termination of this Agreement by either party shall not be effective until
(a) a successor Paying Agent/Registrar has bern appointed by the Issuer and such appointment accepted and (b)
notice has been given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar.
Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement
shall not occur at any time which would disrupt, delay, or otherwise adversely affect the payment of the Securities.
Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security
Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the
successor Paying Agent/Registrar designated and appointed by the Issuer.
The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following
the termination of this Agreement.
(Remainder of this page Intentionally left blank)
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Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the
laws of the State of Texas.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
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NAnONSBANK of TExAS, N.A.
Attest: Houston, Texas
By By
Title
Title
Address: 700 Louisiana 4.
(BANK SEAL)
Houston, Texas 77002 �.
Attest: BRAZOS COUNTY, TEXAS
By 'County Judge .
County Jerk
Address: 300 East 26th
Bryan, Texas 77803
(ISSUER SEAL) E
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EXECUTION PAGE FOR PAYING AGENT/REGISTRAR AGREEMENT
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CERTIFICATE FOR ORDER
We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County's hereby certify
as follows:
1. The Commissioners Court of the County (the "Court") convened In mgular session, open to the public,
on June 23, 1998, at the meeting place designated in the notice (the "Meeting', and the roll was called of the
members, to wit: Alvin W. Jones, County Judge, and the following Commissioners: Tony Jones, Bill Thomton,
Randy Sims, and Carey Cauley, Jr.
All membersoftheCourtwerepresent except .thus
constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written
ORDER AUTHORIZING THE ISSUANCE OF $10,000,000 BRAZOS COUNTY, TEXAS
CERTIFICATES OF OBLIGATION, SERIES 1998, AND OTHER MATTERS RELATED
THERETO
(the "Order') was duly introduced for the consideration of the Court and read in full. It was then duly moved and
seconded that the Order be finally passed and adopted; and after due discussion, such motion, carrying with it the
adoption of the Order prevailed and carried by the following vote:
YES:_ NOES:O ABSTENTIONS:,_
2. A true, full, and correct copy of the Order adopted at the Meeting is attached to and follows this
Certificate; the Order has been duly recorded in the Court's minutes of the Meeting; the above and foregoing
paragraph is a true, full, and correct excerpt from the Court's minutes of the Meeting pertaining to the adoption of
the Order; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers
and members of the Court as indicated therein; each of the officers and members of the Court was duly and
sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that
the Order would be introduced and considered for adoption at the Meeting and each of such officers and members
consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and
public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 55 1. Texas
Government Code, as amended.
3. Mary Ann Ward is the duly appointed and acting County Clerk of the County.
SIGNED AND SEALED THIS June 23, 1998.
AA- &- e t 4 5 �� 2 zf/�
County Ct razos County, Texas
(COMMISSIONERS COURT SEAL)
e '-Zc -
Count3Nudge, Brazos d6unty, Texas
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BRAZOS COUNTY, TEXAS
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CERTIFICATES OF OBLIGATION, SERIES 1998
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PURCHASE CONTRACT
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INVESTMENT LETTER
June 23, 1998
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The Honorable County Judge and Commissioners Court
Brazos County
300 East 26th, Suite 114
Bryan, Texas 77803
Gentlemen:
The undersigned, NationsBank of Texas, N.A., Houston, Texas (the "Purchaser ") offers to enter into this
Purchase Contract and Investment Letter (this "Contract ") with Brazos County, Texas (the "County "). This offer is
made subject-to the County's acceptanceof this Contract on or before 10:00 p.m., Central Daylight Time on the date
hereof.
1. PURCHASE AND SALE OF TILE CERTIFICATES OF OBLIGATION. Upon the terms and conditions and upon
the basis of the representations set forth herein, the Purchaser hereby agrees to purchase from the County, and the
County hereby agrees to sell and deliver to the Purchaser an aggregate of $10,000,000 principal amount of Brazos
County, Texas Certificates of Obligation, Series 1998 (the "Certificates "). The Certificates shall be dated July 1,
1998, shall mature, and shall bear interest from the date of their initial delivery to the Purchaser (the "Closing" as
hereinafter defined) as described in the Order adopted on this date by the Commissioners Court of the County (the
"Order"). The purchase price for the Certificates shall be $10,000,000.
2. ORDER. The Certificates shall be as described in and shall be issued and secured under the provisions
of the Order. The Certificates shall be subject to optional redemption and shall be payable as provided in the Order.
3. TERMS AND CONDMON& The Terms and Conditions, attached hereto as Exhibit "A" are incorporated
by reference herein as if copied in full.
4. REPRESENTATIONS, WARRANTIES, AND AGREEMENTS OF PURCHASER The Purchaser hereby makes
the following representations and warranties to the County:
(a) The Purchaser has the full right, power and authority to enter into this Contract, and this Contract
constitutes a valid and binding obligation of the Purchaser, enforceable in accordance with its terms, except as the
same may be limited by bankruptcy, insolvency, moratorium, reorganization, or other laws of general application
affecting the enforcement of creditors' rights or by equitable principles, and subject to the unavailability in any
jurisdiction of specific performance or any other equitable remedy.
(b) The Purchaser is a sophisticated and well informed investor, has knowledge and experience in financial
and business matters relating to the investment in the Certificates, and is capable of evaluating the merits and risks
(including the security pledged to the payment of the Certificates) of such investment and protecting its interests in
connection with this financing. The Purchaser has the financial ability to bear the economic risks of purchasing the
Certificates, including the complete loss of the investment.
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. $10,000,000
BRAZOS COUNTY, TEXAS
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CERTIFICATES OF OBLIGATION, SERIES 1998
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PURCHASE CONTRACT
` AND
INVESTMENT LETTER
June 23, 1998
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The Honorable County Judge and Commissioners Court
Brazos County
300 East 26th, Suite 114
Bryan, Texas 77803
Gentlemen:
The undersigned, NationsBank of Texas, N.A., Houston, Texas (the "Purchaser ") offers to enter into this
Purchase Contract and Investment Letter (this "Contract ") with Brazos County, Texas (the "County "). This offer is
made subject-to the County's acceptanceof this Contract on or before 10:00 p.m., Central Daylight Time on the date
hereof.
1. PURCHASE AND SALE OF TILE CERTIFICATES OF OBLIGATION. Upon the terms and conditions and upon
the basis of the representations set forth herein, the Purchaser hereby agrees to purchase from the County, and the
County hereby agrees to sell and deliver to the Purchaser an aggregate of $10,000,000 principal amount of Brazos
County, Texas Certificates of Obligation, Series 1998 (the "Certificates "). The Certificates shall be dated July 1,
1998, shall mature, and shall bear interest from the date of their initial delivery to the Purchaser (the "Closing" as
hereinafter defined) as described in the Order adopted on this date by the Commissioners Court of the County (the
"Order"). The purchase price for the Certificates shall be $10,000,000.
2. ORDER. The Certificates shall be as described in and shall be issued and secured under the provisions
of the Order. The Certificates shall be subject to optional redemption and shall be payable as provided in the Order.
3. TERMS AND CONDMON& The Terms and Conditions, attached hereto as Exhibit "A" are incorporated
by reference herein as if copied in full.
4. REPRESENTATIONS, WARRANTIES, AND AGREEMENTS OF PURCHASER The Purchaser hereby makes
the following representations and warranties to the County:
(a) The Purchaser has the full right, power and authority to enter into this Contract, and this Contract
constitutes a valid and binding obligation of the Purchaser, enforceable in accordance with its terms, except as the
same may be limited by bankruptcy, insolvency, moratorium, reorganization, or other laws of general application
affecting the enforcement of creditors' rights or by equitable principles, and subject to the unavailability in any
jurisdiction of specific performance or any other equitable remedy.
(b) The Purchaser is a sophisticated and well informed investor, has knowledge and experience in financial
and business matters relating to the investment in the Certificates, and is capable of evaluating the merits and risks
(including the security pledged to the payment of the Certificates) of such investment and protecting its interests in
connection with this financing. The Purchaser has the financial ability to bear the economic risks of purchasing the
Certificates, including the complete loss of the investment.
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(c) The Purchaser understands the term "accredited investor" as used in Regulation D promulgated under
the Securities Act of 1933, as amended and Purchaser represents and warrants that such Purchaser is an "accredited
investor" for purposes of acquiring the Certificates.
(d) The Purchaser has made its own inquiry and analysis with respect to the Certificates, the security
therefor, the property to be financed with the proceeds of the Certificates, and other material factors affecting the
security and payment of the Certificates, and, except as set forth in this Contract and the documents, instruments,
and agreements executed in connection herewith, the Purchaser has not relied upon any statement (other than those
set forth in such documents, instruments, and agreements) by the County, its officers, trustees, or employees, or its
financial consultants or legal advisors in connection with such inquiry and analysis or in connection with the offer
and sale of the Certificates.
(e) The Purchaser acknowledges that it and its representatives have been furnished, prior to the date hereof.
or will be furnished at or prior to the Closing pursuant to the terms of this Contract, all documents and certificates
executed in connection with the authorization and issuance of the Certificates and all information concerning the
financing needed to make an informed decision with respect to its investment in the Certificates. The Purchaser
further acknowledges that it has full opportunity to ask questions and receive answers from officers and
representatives of the County concerning the financing and to obtain any additional information which the County
possesses which was necessary to verify the accuracy of the information regarding the County, the financing, or
otherwise desired in connection with its evaluation of the decision to purchase the Certificates.
(f) The Purchaser is purchasing the Certificates for its own account for investment only, and the Purchaser
has no present intention of reselling or distributing the Certificates. In making the foregoing representation, the
Purchaser is aware that it must bear the economic risk of such investment for an indefinite period of time, and, in
the event that the Certificates are sold by the Purchaser, such sale may only be made to persons who are able to and
do confirm in writing to the County in advance of such sale the representations contained in paragraphs (a) through
(f) hereof.
S. CLOSING. At 10:00 A.M., Central Time, on July 22, 1998, or such other date as the parties agree to (the
"Closing "), the County will deliver the Initial Certificate (as defined in the Order) to the Purchaser, in the form
requested by the Purchaser, duly executed and authenticated, together with the other documents hereinafter
mentioned, and the Purchaser will accept such delivery and pay the purchase price of the Certificates as set forth in
Paragraph 1 hereof in immediately available funds. Delivery and payment as aforesaid shall be made at the offices '
of the Purchaser or such other place as shall have been mutually agreed upon by the County and the Purchaser. The
Initial Certificate shall be delivered in typed form; shall be prepared and delivered as a fully registered obligation
in the single denomination of $10,000,000; and shall be registered by the Comptroller of Public Accounts of the State
of Texas.
6. CONDITIONS. The Purchaser has entered into this Contract in reliance upon the representations and
warranties of the County contained herein and to be contained in the documents and instruments to be delivered at
the Closing, and upon the performance by the County of its obligations hereunder, both as of the date hereof and
as of the date of Closing. Accordingly, the Purchaser's obligations under this Contract to purchase and pay for the
Certificates shall be subject to the performance by the County of its obligations to be performed hereunder and under
such documents and instruments at OT prior to the Closing, and shall also be subject to the following conditions:
(a) The representations and warranties of the County contained herein shall be true, complete, and correct
In all material respects on the date hereof and on and as of the date of Closing, as if made on the date of Closing;
(b) At the time of the Closing, the Order shall be in full force and effect and shall not have been amended
or supplemented except as may have been agreed to by the Purchaser,
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• (e) A general banking moratorium shall have been declared by authorities of the United States, the State
of New York or the State of Texas.
8. EXPENSES. The Purchaser shall be under no obligation to pay, and the County shall pay, any expenses
incident to the performance of the County's obligations hereunder, including but not limited to: (i) the cost of the
preparation and, if necessary, printing of the Certificates; (ii) the fees and expenses of Bond Counsel to the County;
and (ii) the fees and disbursements of the County's accountants, advisors, and of any other experts or consultants
retained by the County.
9. NoncEs. Any notice or other communication to be given to the County under this Contract may be given
by delivering the same in writing at the address for the County set forth above, and any notice or other
communication to be given to the Purchaser under this Contract may be given by delivering the same in writing to
NationsBank of Texas, N.A.. Attn: Charles W. Patterson, P.O. Box 2518, Houston, TX 77252 -2518. The County
agrees to give the Purchaser written notice by first class mail of any proposed amendment of the Order under Section
14(a) thereof at least 45 days prior to the effective date of such proposed amendment.
10. PARTIES IN INTEREST. This Contract is made solely for the benefit of the County and the Purchaser
(including the successors or assigns of the Purchaser) and no other person shall acquire or have any right hereunder
or by virtue hereof. The County's representat ions, warranties, and agreements contained in this Contract shall remain
operative and in full force and effect, regardless of (i) any investigations made by or on behalf of the Purchaser and
(ii) delivery of any payment for the Certificates hereunder; and the County's representations and warranties contained
in Paragraph 4 of this Contract and the Purchaser's representations and warranties contained in Paragraph 4 of this
contract, shall remain operative and in full force and effect, regardless of any termination of this Contract.
11. COUNTERPARTS. This Purchase Contract may be executed in several counterparts, each of which shall
be regarded as an original and all of which will constitute one and the same instrument. The section headings of
this Purchase Contract are for convenience of reference only and shall not affect its interpretation.
(Remainder of this page intentionally left blank)
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• (e) A general banking moratorium shall have been declared by authorities of the United States, the State
of New York or the State of Texas.
8. EXPENSES. The Purchaser shall be under no obligation to pay, and the County shall pay, any expenses
incident to the performance of the County's obligations hereunder, including but not limited to: (i) the cost of the
preparation and, if necessary, printing of the Certificates; (ii) the fees and expenses of Bond Counsel to the County;
and (ii) the fees and disbursements of the County's accountants, advisors, and of any other experts or consultants
retained by the County.
9. NoncEs. Any notice or other communication to be given to the County under this Contract may be given
by delivering the same in writing at the address for the County set forth above, and any notice or other
communication to be given to the Purchaser under this Contract may be given by delivering the same in writing to
NationsBank of Texas, N.A.. Attn: Charles W. Patterson, P.O. Box 2518, Houston, TX 77252 -2518. The County
agrees to give the Purchaser written notice by first class mail of any proposed amendment of the Order under Section
14(a) thereof at least 45 days prior to the effective date of such proposed amendment.
10. PARTIES IN INTEREST. This Contract is made solely for the benefit of the County and the Purchaser
(including the successors or assigns of the Purchaser) and no other person shall acquire or have any right hereunder
or by virtue hereof. The County's representat ions, warranties, and agreements contained in this Contract shall remain
operative and in full force and effect, regardless of (i) any investigations made by or on behalf of the Purchaser and
(ii) delivery of any payment for the Certificates hereunder; and the County's representations and warranties contained
in Paragraph 4 of this Contract and the Purchaser's representations and warranties contained in Paragraph 4 of this
contract, shall remain operative and in full force and effect, regardless of any termination of this Contract.
11. COUNTERPARTS. This Purchase Contract may be executed in several counterparts, each of which shall
be regarded as an original and all of which will constitute one and the same instrument. The section headings of
this Purchase Contract are for convenience of reference only and shall not affect its interpretation.
(Remainder of this page intentionally left blank)
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12. EF'FECME DATE. This Contract shall become effective upon the execution of the acceptance hereof
by the County Judge of the County and shall be valid and enforceable as of the time of such acceptance.
Very truly yours,
NAMONSBANK OR TExA.% N.A.
' By
Charles W. Patterson
Senior Vice President
Accepted:
This 23rd day of June, 1998
BRAZOS COuN Y, TEXAS
By
County ge, Brazos aunty, Texas
EXECUTION PAGE OF PURCHASE CONTRACT AND INVESTMENT LETTER
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AIN 29 '98 13:08 FR NATIONSBK BIDS CREDIT 713 247 7701 TO 914098236993 P. 01/02
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To: Ruth McLeod
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From: Charles W. Patterson
NationsBank
2 pages including cover page
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Ruth.
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Paul Mutia raqueatad that I FAX a copy of a signed WPAIN page of the Pmcb& a Camtmd and Iavestmmt I.clta to
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)Vw Sacry Got the dd q in betting thin to ytm I have bem out of the offim fac the past wwk and this Is the first
of; acu * - to deliver tbis doatmeat tD yo4
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Chula
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12.E 'ECtN� DwTE. Ibis
Contract shall beeome effective upon the execution of the acceptance hereof
- by the County Judge of the County and shall be valid and enforceable a: of the time of such aecePtaace•
Very truly yours.
NAVOMBAM OF TUL44 N.A.
By
Charles W. Patterson
Senior Vice President
Accepted-
M& 23rd day of June. MS
BRw703 COud yq TZXM
By i
County Judge, Bresos CountY. Texas .
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EXECUTION PAGE OF PURCHASE CONTRACT AND INVES?MENT LETI�R
Vol. 1q.
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{ PURPOSE:
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AMOUNT:
{ TERM:
y INTEREST RATE:
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REPAYh1ENT TERMS:
EMIBIT A
TE%MS AND -CONDITIONS
Brazos County, Ttxas
NationsBank of Texas, N.A.
To finance the design, planning, acquisition, construction, and equipping of the
following public property: courthouse renovation -% jail expansion, exposition
center construction, right -of -way acquisition, including State Highway 21 and
Grans Prairie Road construction, and the payment of contractual obligations
for professional services in connection with the above projects (including, but
not limited to, financial advisory, legal, architectural, and engineering).
S10,000.000.00
15 yeas
Fixed interest rate equal to i) 4.7608% if the certificates of obligation are
uninsured, or ii) 4.6336% if the certificates arc insured by a bond insurance
company acceptable to Bank; Assumcs interest on the obligation is exempt
from federal income taxation and is designated as a qualified tax exempt
obligation under the Internal Revenue Code of 1986, as amended (the 'Code)
Sex attached amortization schedule
PREPA"I ENT: Subject to a make whole provision through September 1, 2008 as shall be set
forth in Loan Documents
CObit<Ii LENT FEE: None
•
SECURITY: Pledge of an ad valorem tax levied upon all taxable property within the County,
4
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within the limits pmscnbcd by law, and the pledge of revenue of the Brazos
Center.
LOAN
DOCUIMNTS: The loan financing shall be evidenced by certificates of obligation or other form
of obligations legally available to the County and will be governed by a
definitive resolution to be adopted by the County and containing the corns set
;, r
forth in this commitment and such other tcrm.-, conditions, warranties and
'b
covenants as arc usual and customary in similar trsassct.ions. Such loan
documents include, but are not limited to, an Order authorizing the financing, a
General Certificate, a Signature and No- Litigation Certificate, a Closing
Certificate, an Opinion of Counsel to the County (including the validity of the
obligations and the exclusion from gross income of the i.ntcrut thcroon under
the.Codc), an Opinion of Counsel to the Bank„ an Opinion of the Attorney
General of the State of Texas approving the financing. an IRS Form 8038 -G, a
. Cross- Raccipk a No Arbitrage Certificate (if the proceeds of the loan financing
are not erpeacd to be expended simultaneously with the closing), and such
other documents as the Bank or its counsel may darn appropriate or nccessary
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under the Code or the law of the State of Teas (collectively the "Loan
Documents').
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CONDITIONS TO a loan under the Lon Documents.
the following conditions
FIRST ADVANCE: Prior to making
precedent shall have been satisfied:
Bank shall have received, duly cxecut4 i all Loan Documents l which other
documents deemed necessary or advisable n connection therewith, all
shall be in form and substance satisfactory to Bank and its counsel.
REPORTING
.' REQUIitEti1EN'IS: - So long as the County is indebted to the Bank. the County shall submit to the
Bank: (a) County's current audited financial statements within 180 days of each
fiscal year end including (i) a balance sheet. (ii) statement of revenues.
expenses and changes in fund balances. (iii) statement of cash flows.
(iv) operating fused budget analysis, and (v) appropriate notes, schedules and
attachments to the financial statements; and such other financial information
relating to the ability of the County to continue performing hereunder (as
submitted or approved) and permit Bank or its agents and representatives to
inspect County's books and records and make extracts therefrom. The County
rcprtscnts and warrants to Bank that all financial statements which have been
delivered to Bank fairly and accuatcly reflect County's financial condition and
there has been no material adverse change in County's financial condition as
rcDortcd in the statements since the date thereof.
REPRESENTATIONS • represents and warrants to the Bank that the loan documentation will
AND WARRANTIES. c County p
' contain those standard mprescntations and arsrranties customarily found in
credit agreements of this nature. and others appropriate W this traasactioq
including but not limited to the following:
The County is duly organized and validly existing political subdivision of the
State of Texas.
All resolutions and actions of the County and ll a County Commissioners Court
relating to tht.- Lain Documents comply w aspects 'Pith the Constitution
and laws of the State and any applicable federal laws. and none of the accessary
actions taken in connection with the adoption of the resolution approving the
loan and the execution and delivery thereof have been repealed, rescinded or
revoked. The County has or will duly approve and ratify (i) the execution
and/or delivery of this commitment and the Loan Documents. and (ii) the
taking of any and all such actions as may be required on the part of the County
to carry out, give tffect to and consummate the trasuzctions contemplated by
the Loan, Documents.
The County is a duly organized and validly existing body corporate and politic
d 1'tical subdivision or agency thereof within the meaning of Section 103
an a po
of the Internal Rcvcnue Code of 1936. as amended, and the related regulations
and rulings thereunder (the "Code).
County will exercise Its best efforts to
• preserve and keep in full force and effort its e:cistcnec as a body corporate and
politic'.
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The County is authorized under the laws of the State of Texas to enter into the
Loan Documents and the transactions contemplated hereby and to perform all
of its obligations hereunder,
It is the intention of the parties hereto that the interest received by the Bank
under the Lawn Documents be and remain excludable from gross income for
purposes of federal income taxation under the Code. Accordingly, the Lain
Documents will contain the neczss-uy representations, covenants and
..
warranties of the County relating to sections 103 and 141 through 150 of the
Code.
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All information that has been furnished to the Bank prior to this commitment
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bung issued is true and accurate and the County has not failed to disclose any
information of a material nature regarding its fu ncal condition
This commitment, when accepted, and all documents and instruments to be
executed and dclivcrrd to the Bank in connection with this commitment and
the funding thereof, shall, be duly authorized, valid, enforceable and binding on
`
the parties thereto, and shall not conflict with or constitute a breach of any
.
other agreements or documents of the County.
_
The mpresentadoas herein shall be deemed to be made on and as of the closing
date of the Loan Documents.
MANCIAL
COVENANTS:
The Loan Documents Rill contain financial covenants acceptable in form and
content to the Bank in its sole and indcpcndcnt dis=doa.
r OTHER COYENAN'T'S:
The Loan Documents will contain those standard affirmative and negative
'
covenants and events of default customarily found in credit agreements of this
nature, and others appropriate or deemed necessary by the Bank, in its sole and
independent discretion, to this transaction.
s CLOSING COSTS
t
AND EXPENSES:
Expenses: The County shall pay all costs and expenses incurred by the Bank in
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connection with the Bank's review, due diligence and closing of the Loan
Documents, including attorneys' fees (to include outside counsel fees incurred
by the Bank in connection Kith the negotiation and preparation of this
y
commitment, the Loan Documents plus reasonable expenscs), whether or not
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the transaction contemplated hereby actually closes.
AIA.TERIAL ADVERSE
CHANGE:
This commitment may be terminated, in the sole discrttion of the Bank. upon
_
the occurrence of a material adverse change in the financial condition of the
County.
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i SURVIVAL:
The terms and provisions of this commitment shall survive the closing of the
`
loan tnadc'hereunder, the delivery of all documents necessary to carry out the
provision of this commitment, and the funding and making of loses and
t,
disburscmcats hereunder.
NON - ASSIGNABLE:
This commitment and the right of the County to receive lava hereunder may
'
not be assigned by the County.
VOL. AQ, I
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RELIU`iCE:
This commitment constitutes an offer by the Bank to the County to make a loan
forth herein and should not be relied upon by
•
on the terms and conditions act
any third party for any purpose.
A11END�IENT
AND WAIVER. �
' No alteration, modification, am�adment or waiver of any terms and conditions
or of any of the documents required by or delivered to the
Of this commitment,
Bank under this commitment, shall be effective or enforceable against the Bask
unless set forth in a writing signed by the Bank.
GO VEIL'-MG LAW:
This commitment and the Loan Documents shall be governed by and construed
.
in accordance with the laws of the Stagy of Texas.
L GRATION:
The turns set forth above represent the entire understanding between the
County and the Bank with respect to the subject matter of the
and this commitment supersedes any prior and contemporaneous agreements.
commitments. discussions and understandings, oral or written, with respect to
the subject matter of this commitment.
This commitment is to be closed within sixty days of the date hereof. Should
EXPIRATION:
this commitment not be accepted by expiration date or such late date
agreed to in writing. and not closed within ninety days of the atccptaace date.
to mend atdit hereunder. Any
then the Bank shall have no further obligation
extension or maturity and/or expiration date. or incs= in amount of
renewal.
this loan by the Bank shall be governed by the terms of this commitment unless
otherwise agreed to by the Bank in writing.
ARBITRATION:
ANY CONTROVERSY OR CLAD I BETIVEEN OR AMONG THE
INCLUDING
-
PARTIES BERETO
ARISING OUT OF 0 ETL�iG TO THIS COhI,tiIIThiENT,.
ARISING
L'iCLUDING ANY CLALIi BASED ON D OR BY ARBI'TRA-
SHALL BE DETER, i1NE
'
ALLEGED TORT, _
WITII 'T� FEDERAL
• .
TION IN ACCORDANCE
(OR IF NOT APPLICABLE, THE APP CABLE STATE U �, .I.�
RULES OF PRACTICE AND PROCEDURE FLLOLR T �0 SAND
OF COhLti1ERCIAL DISPUTES OR JUD
"SPECIAL
rLEDIATION SERVICES, INC. (JJ0LS.) AND THE
RULES" SET FORTS BELOW. L`I THE EVENT OF ANY
' -
LYCONSISTENCY, THE SPECIAL RULES SHALL CONTROL
-
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JUDGMENT UPON ANY ARIITTItATi0NAV � PARTY TO THIS
IN ANY COURT HAVING JURISDICTION.
•
COi1LNIITAIENT MAY BRING DII�tCTO CO3ILPEL ARBITRA•
OR E�EDITED PROCEE
SUrL'�IARY
CN
TION OF ANY CONTROVERSY 0 U 0
ANY CO RT IIAVL`iG JURLS TI
AGREEMENT APPLIES LY
-
OVER SUgH ACTION.
(A) Special Rules. THE ARBITRATIOY SIIALL BE
OF CCU
CONDUCTED IN THE CITY
TI�1E OF TIILS AGREEti1ENT'S E ON A,yD�AI?tiiLr'ISTERED
BY J.A.hLS. WHO WILL APPOINT AN ARBITRATOR; IF J.,L, -S. IS
UNABLE OR LEGALLY PRECLUDED FROtii ADNI II; STERMG THE
"b {`r'A'��i"�!rti:•Y"�L
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ARB rM O Y, TXZ N TIM A,1 fE RI CAN ARB ILXTI 0 Y ASS 0 CiA-
• TI O N NVILL SERVE. ALL ARB ITR:ITI 0 Y EMA,RLY G S 1VIf.L BE
COINZIEYCED WITIILY 90 DAYS OF THE DEISAND FOR ARBITRA-
TION; FURTHER, THE ARBITRATOR SHALL ONLY, UPON A
SHOWING OF CAUSE, BE PERIIIT'TED TO EYTEL(D TBM COM-
MENCEMENT OF SUCH ElE1RL`1G FOR AN ADDITIONAL 60 DAYS.
h NOTICE OF
MAL AGREEMENT: THIS WRITTEN TEILIIS AND CONDITIONS REPRESENTS TIIE
FINAL AGREEMENT BETWEEN THE PARTIES AND I4UY NOT DE '
CONTRADICTED BY EVIDENCE OF PRIOR, CONTENIPORAIN'EOUS,
OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. TIMRE
• ARE NO UNWR=,X ORAL AGREEMENTS BETWEEN TIDE `
PARTIES•
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We, the undersigned, hereby certify as follows that
(1) This certificate is executed and delivered with reference to that issue of BRAZOS COUNTY, TEXAS
CERTIFICATES OF OBLIGATION, SERIES 1998 (the "Certificates"), dated as of July 1, 1998.
(2) We, the undersigned County Judge and the County Clerk of Brazos County, Texas (the "issuer"),
officially executed and signed the Certificates by manually signing the Certificates or causing facsimile signatures
to be impressed or lithographed on each of the Certificates.
(3) The Certificates are substantially in the form, and have been duly executed and signed In the manner,
proscribed in the Order authorizing the issuance of the Certificates.
(4) At the time we so executed and signed the Certificates we were, and at the time of executing this
. certificate we are, the duly chosen, qualified, and acting officers indicated therein, and authorized to execute same.
(S) No litigation of any nature has been filed or is now pending to restrain or enjoin the issuance or delivery
of any of the Certificates, or which would affect the provision made for their payment or security, or In any manner
questioning the proceedings or authority concerning the issuance of the Certificates, and that so far as we know and
believe no such litigation is threatened.
(6) Neither the corporate existence nor boundaries of the Issuer is being contested, no litigation has been
filed or is now pending which would affect the authority of the officers of the Issuer, and no authority or proceedings
for the issuance of the Certificates have been repealed, revoked, or rescinded.
(7) We have caused the official seal of the Issuer to be impressed, or printed, or lithographed on each the
Certificates, and said seal on the Certificates has been duly adopted as, and is hereby declared to be, the official seal
of the Issuer.
EXECUTED and delivered this
MANUAL SIGNATURES OFFICIAL TITLES
_ County Judge
Alvin W. Jones
Mary Ann and
County Clerk
(Remainder of page intentionally left blank)
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SIGNATURE IDENTIFICATION
AND NO- LITIGATION CERTIFICATE
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We, the undersigned, hereby certify as follows that
(1) This certificate is executed and delivered with reference to that issue of BRAZOS COUNTY, TEXAS
CERTIFICATES OF OBLIGATION, SERIES 1998 (the "Certificates"), dated as of July 1, 1998.
(2) We, the undersigned County Judge and the County Clerk of Brazos County, Texas (the "issuer"),
officially executed and signed the Certificates by manually signing the Certificates or causing facsimile signatures
to be impressed or lithographed on each of the Certificates.
(3) The Certificates are substantially in the form, and have been duly executed and signed In the manner,
proscribed in the Order authorizing the issuance of the Certificates.
(4) At the time we so executed and signed the Certificates we were, and at the time of executing this
. certificate we are, the duly chosen, qualified, and acting officers indicated therein, and authorized to execute same.
(S) No litigation of any nature has been filed or is now pending to restrain or enjoin the issuance or delivery
of any of the Certificates, or which would affect the provision made for their payment or security, or In any manner
questioning the proceedings or authority concerning the issuance of the Certificates, and that so far as we know and
believe no such litigation is threatened.
(6) Neither the corporate existence nor boundaries of the Issuer is being contested, no litigation has been
filed or is now pending which would affect the authority of the officers of the Issuer, and no authority or proceedings
for the issuance of the Certificates have been repealed, revoked, or rescinded.
(7) We have caused the official seal of the Issuer to be impressed, or printed, or lithographed on each the
Certificates, and said seal on the Certificates has been duly adopted as, and is hereby declared to be, the official seal
of the Issuer.
EXECUTED and delivered this
MANUAL SIGNATURES OFFICIAL TITLES
_ County Judge
Alvin W. Jones
Mary Ann and
County Clerk
(Remainder of page intentionally left blank)
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Fore 8038.0 Information Return for Tax-Exempt Governmental Obligations
► Under Internal Revenue Code section 149(e) 0M8 No. 154"" 0
(Rev. May 1995) ► See separate Instructions.
DOO+^"`o of '^' Tr+asury (Note: Use form 8038 -GC if the Issue plIce is under $100.000.)
Inta"Al itev~ SOMACO
Re ortin Authors It Amended Return, check here ►
1 Issuer's name 2 Issuers employer identification number
Brazos County, Texas 74 6004330
3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number
300 East 26th 114 C1998 — 1
S City. town, or post office. state. and ZIP code 6 Date of issue
Bryan,.TX 77803
7 Name of Issue
Certificates of Obligation, Series 1998
'Type of Issue check applicable box es and enter the issue rice
9 ❑ Education (attach schedule -see instructions) . . . . . . . . . . . . . . . . .
10 ❑ Health and hospital (attach schedule -see instructions) . . . . . . . . . . . . . .
11 ❑ Transportation . . . . . . . . . . . . ' . . . . . . . . . . . . . . .
12 ❑ Public safety. . . . . . . . . . . . . . . . . . . . . . . . . . .
13 ❑ Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . .
14 • ❑ Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 ❑ Utilities . . . . . . . . . . . . . . . . . . .
16 ❑ Other. Describe (see Instructions) P-
17 If obligations are tax or other revenue anticipation bonds. check box ► ❑
18 If obligations are in the form of a lease or installment sale. cheek box ► ❑
8 CUSIP number
rta.a -■a■
■
107 ' Uses of Proceeas Of tsona Issue Inctuam unaerwnters ulscvunt
21 Proceeds used for accrued interest . . . . . - . . . . . . . . . .
21
22 Issue price of entire issue (enter amount from line 20, column (c)) . . • . . . . . . . 22
23 Proceeds used for bond issuance costs (including underwriters' discount) . 23
24 Proceeds used for credit enhancement . . . . . . . . . . . . 24
2S Proceeds allocated to reasonably required reserve or replacement fund . 25
26 Proceeds used to currently refund prior Issues . . . . . . . . 26
27 Proceeds used to advance refund prior issues . . . 27
28 Total (add lines 23 through 27) . • . . . . . . . . . . . . . . . . . . . 28
29 Nonrefunding proceeds of the issue subtract tine 28 from tine 22 and enter amount here . . . 29
OTMI Descri tion of Refunded Bonds (Complete this part only for refunding bonds.
30 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . ► years
31 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . ► years
32 Enter the last date on which the refunded bonds will be Called . . . . . . . . . . . ►
33 Enter the dates the refunded bonds were issued ►
Miscellaneous
34 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 34
35 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(8)()(I11) (small issuer exception) 35
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment Contract (see instructions) 36a
b Enter the final maturity date of the guaranteed investment contract . ► W\�
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a
b If this issue is a loan made from the proceeds of another tax- exempt issue. check box ► ❑ and enter the name of the
issuer ► and the date of the issue ►
38 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . ► ❑
39 It the issuer has identified a hedge. check box . ► ❑
Under penalties of perjury, 1 declare that I have examined this return and accompanying schedules and statements. and to the best of my tnowtedga
and belief• they are true. Correct. and COmplete.
Please Alvin W. Jones
Sign •
Here ' at County Judge
S1gnur0 s3ue authorit vpresental�ve Date Type or print name and title
For Paperwork Reduction Act Notice, see page� 1 of the the Instructions. Cat. No. 63 ?73S Form 8038-G (Rev. s -9s)
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0659+06
BRAZOS COUNTY
BRYAN. TEXAS
BRAZOS COUNTY COMMISSIONERS COURT
DECLARATION OF LOCAL DISASTER
THREAT OF WILDFIRES
WHEREAS, Brazos County has not had rainfall for an extended period;
and
WHEREAS, weather forecasters offer little promise of a change in
the hot, dry conditions in'the near future; and
WHEREAS, these hot, dry conditions pose the threat of large,
dangerous and fast moving wildfires; and
WHEREAS, such fires have the potential of endangering lives and
damaging property on a large scale; and
WHEREAS, the Texas Disaster Act of 1975 authorized the declaration
of a state of disaster "if the threat of disaster is imminent "; and
WHEREAS, the magnitude of the potential damage and the rapidity at
which such a fire could escalate to major proportions constitute an
imminent threat of disaster; and
WHEREAS, declaration of such disaster authorized the imposition of
controls on activities which tend to increase the likelihood of fires;
and
WHEREAS, such controls, once implemented, have the potential of
protecting lives and property by mitigating the threat of dangerous
fires; and
WHEREAS, Sec. 418.108 of the Government Code authorizes the
governing body of a political subdivision to declare a local disaster;
BE IT THEREFORE PROCLAIMED that the Commissioners Court of Brazos
County does hereby declare a state of disaster based on the threat of
large wildfires in Brazos County, Texas; and
BE IT ALSO PROCLAIMED that this state of disaster will continue
until rescinded in accordance with the above statute.
BE IT ALSO PROCLAIMED that this state of disaster is being declared
solely for the purpose of implementing controls aimed at mitigating the
hazard posed by wildfires during the current hot, dry weather;
BE IT ALSO ORDERED THAT the purpose of this order is the mitigation
of the hazard posed by wildfires by curtailing the practice of outdoor
burning, which purpose is to be taken into account in any enforcement
action based upon this order.
ADOPTED THIS the 23rd day of June 1998 by the Commissioners Court
of Brazos County, Texas.
Attest:
Alvib.W. Jones razos County Judge
Mary nn Ward, Count Clerk 7
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BRAZOS COUNTY
BRYAN. TEXAS
COMMISSIONERS COURT ORDER
PROHIBITING OUTDOOR BURNING
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WHEREAS, in accordance with provisions of the Texas Disaster
Act of 1975, Sec. 418.108 and Sec. 418.173 of the Government Code
a state of disaster has been declared based on the imminent threat
of disaster from wildfire; and
WHEREAS, the provisions of the Brazos County
Interjurisdictional Emergency Management Plan have been
implemented, and
WHEREAS, declaration of such disaster authorized the
imposition of controls on activities which tend to increase the
likelihood of such fires;
NOW THEREFORE BE IT ORDERED that the following regulations are
hereby established for all unincorporated areas of Brazos County,
Texas for the duration of the above mentioned declaration:
(1) Actions Prohibited:
A person violates this order if he /she burns any
combustible material outside of an enclosure which serves
to contain all flames and /or sparks, or orders such
burning by others.
(2 ) Enforcement:
(a) Upon notification of suspected outdoor burning, the
fire department assigned to the location of the fire
shall respond to the scene and take immediate measures to
contain and /or extinguish the fire.
(b) As soon as possible, a duly - commissioned peace
officer shall be sent to the scene to investigate the
nature of the fire.
(c) If in the opinion of the officer at the scene and /or
the Fire Chief, the goal of the order can be attained by"
informing the responsible party about the prohibitions
established by the order, the officer may, at his
discretion, notify the party about the provisions of this
order and request compliance with it. In such instances,
an entry of the notification shall be made into the
dispatcher's log containing the time, date, and place of
the warning, and the name of the person receiving the
warning.
(3) At the discretion of the Peace Officer and /or Fire Chief,
a second or flagrant violation of this order may be prosecuted in
accordance with the statutes and procedures governing misdemeanors.
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f` BE IT ALSO ORDERED that this order may be enforced by any 0
duly - commissioned peace officer and that, the venue for prosecution
of this order will be Justice Court, Brazos County, Texas 1
ADOPTED THIS the 23rd day of June, 1998 by the Commissioners
Court of Brazos County, Texas
• yL
r Alv W. Jon (ft, County Judge
Attest:
Mary nn Ward, County erk
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Filed for Record in:
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On: Jun 23,1998 at 03:42P
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No Charge Recordings
Docuunt Numbmrr 009M
Amount .00
Receipt Number - 112949
Karen McQueen
VATS if Us s min 1�
I hereby certify that this instrasent us
feted a the date no ties stupid hereon b1 it
W ws duly rxaNed in the roloat and page
of the card records of:
Mulls wry,
as staeped hereon by ee.
Jun e3,1998
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