HomeMy WebLinkAbout1998-07-07-0900AM-Regular•
BRAZOS COUNTY
BRYAN. TEXAS
AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
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THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
JULY 7, 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 - Judge Jones.
2. Pledge of Allegiance - Judge Jones.
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 - 20:
4. Budget Amendment 97/98 -35. .
5. Personnel Action Forms.
6. Payment of Claims.
7. Appointment of Presiding and Alternate Judges for the November. 1998 election.
8. Authorization for the County Judge to sign on behalf of the County for exclusion from
the Nasdaq Market Makers Antitrust Litigation.
9. Request by Maintenance to procure architectural services relative to improvements to the
Minimum Security Jail Annex.
10. Application for participation in the SLA50 Reimbursement Program for Emergency
Management.
11. Approval for payment of invoices for additional architectural services for renovation of
the Courthouse:
6a. 51,987.80 to Patterson Architects (February 4, 1998)
b. 5875.00 to Ravey, Patterson & Associates (March 2, 1998)
c. $523.00 to Ravey, Patterson & Associates (May 7. 1998)
d. $1,608.20 to Ravey, Patterson & Associates (May 26, 1998)'
12. Policy and procedures for insurance requirements of sub - contractors and
vendors for Brazos County and revise if appropriate.
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Commissioners Court Meeting Agenda
July 7,'1998
Page Two
13. Tax Abatement Agreement between Brazos County and Hy -Line Indian River Company
(City of Bryan Reinvestment Zone 6).
14. Tax Abatement Agreement between Brazos County and CSL of Texas, Inc. (City of
College Stati 3n Reinvestment Zone 9).
15. Approval of "County Maintained Road Mileage Certification."
16. Permission for Road 8t Bridge to enter Tom Williams' property located off Francis Road
for the purpose of stockpiling Grade 4 rock for road construction projects. Site is located
in Precinct 2.
17. Request from GTE to relocate buried cable (for Brazos County) in the rights -of -way of
Wheelock Hall Road and Locke Road for Wheelock Hall Road improvements project.
Site is located in Precinct 2.
18. Authorizing the reimbursement of $375.00 fee to Jack and Edna Irick for Partial Release
of Lien of 17.01 acres of land which has been conveyed to Brazos County for Dilly Shaw
Tap Road and House Cemetery Road improvements. Site is located in Precinct 2.
19. Requisitions from Capital Projects Fund:
a. Video projector and case for Health Department
b. GBC binding machine for County Attorney
c. Netware software upgrade for Auditoes Office
d. Laserjet printer replacement for 85th District Court
e. HP Jet direct port for Justice of the Peace, Precinct 3.
20. Approval of the April, 1998 and May, 1998 Treasurers Reports.
21. Call for citizen input.
. _ 22. Announcement of interest items and possible future agenda topics.
23. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request
for sign interpretive services must be made two business days before the meeting. To make
arrangements, call (409) 361 -4102.
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COMMISSIONERS' COURT
REGULAR MEETING
JULY 7, 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, July 7, 1998, with the following members of
the Court present:
Alvin W. Jone0, 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.
The County Judge 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 -35.1
through 35.4, which would reallocated funds budgeted for
Justice of the Peace Precinct 1, Constable Precinct 2, County
Attorney and Capital Projects. On motion by Commissioner
Cauley, seconded by Commissioner Sims, the Court voted
unanimously to approve the budget amendment as submitted, a
copy of which is attached hereto.
The Court proceeded to consider the change of status of
the following employees.
NAME
Wilbanks, Katheryn
Tijerina, Sara
McDonald, Natalie
Marshall, Wayne
Guyton, Terry
Mason, Edgar J
DEPARTMENT
JP 4
361st District Crt
JP 6
Road & Bridge
Road & Bridge
Sheriff's Office
4 �
New Employee
New Employee
Resignation
Resignation
Termination
Resignation
On motion by Commissioner Cauley, seconded by Commissioner
Jones, the Court voted unanimously to approve the changes as
submitted. The agreed salary on the request submitted by
Justice of the Peace Precinct 4 is $15,902.06.
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The Court next considered the following Claims as
submitted by the County Treasurer for payment:
98- 007636 through 98- 007839
on motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted. 4
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to appoint the-following
persons as presiding judge and alternate judge for the current
voting year at the following voting precincts:
Pct # Election Judge Alternate Judge
1
Sylvia Willingham
2/82
Roy Henry
3
4/79 A &B
5
Nora Lee Moore
6
Lois Williams
7
Lola Peterson
8
Karen Tuhkubbi
9
A. J. Bockholt
10
Mitchell Broaddus
11
Jake Canglose
12
Carol 'Pope
13
Pat Allen
14
15
Willie Mae Sisco
16/52
Jo Ann Walker
17/47/48/
49
Alvin Halbrook
18
Wilbert Mason
20
Majorie Wright
21
H. Alan Montgomery
23
Perian Bishop
24
Majorie Wilkey
25/43
26
Merrill Green
27/75/76
Lynn Mills
62/64/69/
70
Lambert Wilkes
30/78
Diane Sarver
31
Jean McDermott
32
Harold Albright
33
Ann Claborn
34
Charlotte Bergstad
35
Glenda Baker
36
Thomas Feeeman
37
Wanda Daisa
38/44/46/
51
39
Linda Middleton
40
Barbara Petty
42/60/77
Loyd Taylor
45/19/66/
81
George McDonald
53/54/55
Blocker Trant
20/50/56/
57
Helen Snyder
58/59/71/
73/83/28
Lou Ellen Ruesnik
61
Jim Gerbig
63 A &B
Tommye Randolph
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The next matter for consideration by the Court was the
authorization for the County Judge to sign on behalf of the
County for exclusion from the Nasdaq Market Makers Antitrust
Litigation. During the period covered by the settlement (May
1, 1989 to July 17, 1996) Brazos County had business dealings
with Merrill - Lynch, one of the defendants. However, Brazos
County did not experience any losses or other problems during
the settlement period on any security purchased. On motion by
Commissioner Thornton, seconded by Commissioner Cauley, the
Court voted unanimously to authorized the County Judge to sign
on behalf of the County for exclusion from the Nasdaq Market
Makers Antitrust Litigation.
The next matter before the Court was a request from the
Building Maintenance Department to procure architectural
services for improvements to the Minimum Security Jail Annex.
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the request from
the Building Maintenance Department to procure architectural
services for improvements to the Minimum Security Jail Annex.
The Court next considered an application for
participation in the SLA50 Reimbursement Program for Emergency
Management. Commissioner Thornton moved to make application.
Commissioner Cauley seconded the motion. After some
discussion, Commissioners Thornton and Cauley then withdrew
their motion and second. On motion by the County Judge,
seconded by Commissioner Sims, the Court voted unanimously to
table consideration until a later date.
The next matter for consideration was the payment of the
following invoices for additional architectural services for
renovation of the Courthouse:
a) $1,987.80 to Patterson Architects
(February 4, 1998)
b) $875.00 to Ravey, Patterson & Associates
(March 2, 1998)
c) $523.00 to Ravey, Patterson & Associates
(May 7, 1998)
d) $1,608.20 to Ravey, Patterson &
Associates (May 26, 1998)
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on motion by Commissioner Cauley, seconded by Commissioner
Thornton, the Court voted unanimously to pay all invoices.
The next matter before the Court was the Policy and
procedures for insurance requirements of sub- contractors and
vendors for Brazos County and revise if appropriate. On
motion by Commissioner Thornton, seconded by Commissioner
Cauley, the Court voted unanimously to table consideration
until a later date.
The Court next considered a Tax Abatement Agreement
between Brazos County and Hy -Line Indian River Company d /b /a
Hy -Line International in the City of Bryan Reinvestment Zone
6. The tax exemption shall exempt the value of the land,
buildings and the other permanent improvements. Under the
conditions of the abatement the following rates shall be in
effect for the following years:
Year of Abatement
1999 70%
2000 70%
2001 60%
2002 50%
2003 40%
2004 30%
2005 20%
2006 10%
on motion by Commissioner Thornton, seconded by Commissioner
Jones, the Court voted unanimously to grant the tax abatement
to Hy -Line Indian River Company d /b /a Hy -Line International.
A copy of the Tax Abatement is attached.
The Court next considered a Tax Abatement Agreement
between Brazos County and CSL of Texas, Inc. for the City of
College Station, Texas Reinvestment Zone Number Nine (9). The
tax exemption shall exempt the value of the land, buildings
and the other permanent improvements. Under the conditions of
the abatement the following rates shall be in effect for the
following years:
Year % of Abatement
1999 90%
2000 80%
2001 70%
2002 60%
2003 00%
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On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to grant the tax
abatement to CSL of Texas, Inc.. A copy of the Tax Abatement
is attached.
The Court next considered approval of the certification
of the county maintained road mileage as submitted by the
County Engineer. Richard Vance, County Engineer informed the
Court the County maintained 462.4 miles of roads. On motion
by Commissioner Thornton, seconded by Commissioner Sims, the
Court voted unanimously to approve the certification submitted
by the County Engineer and forward a copy to the State
Department of Highways and Public Transportation.
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 Tom Williams on
Francis Road in Precinct 2 to stockpile Grad 4 rock for road
construction projects. On motion by Commissioner Thornton,
seconded by Commissioner Sims, the Court voted unanimously to
authorize the work.
The Court next considered the request from GTE to
relocate buried cable in the right -of -way of Wheelock Hall
Road and Locke Road for the Wheelock Hall Road improvements
project. The site is located in Precinct 2. The County
Engineer stated that all appeared to be in order and
recommended approval. On motion by Commissioner Thornton,
seconded by Commissioner Sims, the Court voted unanimously to
approve the request from GTE and authorized the installation.
A copy of the request is attached hereto.
The next matter before the Court was the authorization of
a reimbursement of a $375.00 fee to Jack and Edna Irick for
Partial Release of Lien of 17.01 acres of land which has been
conveyed to Brazos County for Dilly Shaw Tap Road and House
Cemetery Road improvements. The site is in Precinct 2. On
motion by Commissioner Thornton, seconded by Commissioner
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Sims, the Court voted unanimously to approve the reimbursement
of $375.00 to Jack and Edna Irick.
The Court next considered approval of requisitions from
Capital Expenditures for the following purchases:
a) Video projector and case for the Health
Department $1,845.00
b) GBC binding machine for County Attorney
$279.99
c) Netware software upgrade for Auditor's
office $1,025.73
d) LaserJet printer replacement for 85th
District Court $1,550.00
e) HP jet direct port for Justice of the
Peace, Precinct 3 $310.00
on motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the
requisitions to be paid from Capital Expenditures
on motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to receive, approve and
order filed as submitted the Treasurer's report for April 1998
and May, 1998. A copy of which is attached to and made a part
of these minutes.
There was no citizen input and /or concerns.
The County Judge made the following comments:
1) . The County needs to move forward to
constructing a web site. Ray Crow says
Road & Bridge has a web site.
Commissioner Sims asked about getting a
consultant to develop a web site.
2) The Court needs an Executive Session to
interview candidates for Purchasing
Agent.
There being no further business to come before the Court,
the meeting was adjourned.
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BRAZPS COUNTY COMMISSIONERS' MEETING ON TUESDAY, "JULY 7, 1998
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1997 -1998 BUDGET YEAR
NO. 97/98 -35.1 through 35.4
On this the 7th day of July 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 July 7, 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 7th day of July 1998.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By:_ Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
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BUDGET AMENDMENTS
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ALVIN JONES
C4u m*y Judp CAREY CAULEY JR.
361-4102 Preml 4
361.4111
In Re Nasdaq Market Makers Antitrust Litigation
P. O. Box 972
New York, New York 10036
RE: Notice of Pendency of Class Action and Proposed Settlements
94 Civ. 3996 (RWS) M.D.L. No. 1023
Please be advised that Brazos County, Texas has head the "Notice of Pendency of Class Action"
with regards to Nasdaq National Market. Upon review, Brazos County feels that all parties
would be best served if the County were excluded from the recovery process.
During the period covered by the settlement (May 1, 1989 to July 17, 1996), Brazos County had
business dealings with Merrill- Lynch, one of the defendants. However, the only securities that
the County purchased during this period were Treasury Bills and government backed securities.
Brazos County did not experience any losses or other problems during the settlement period on
any security purchased.
Please be advised that Brazos County's employer identification number is 74- 60000433. Please
be advised that as County Judge for Brazos County, 1 have the legal authority to act on behalf
of the County in such matters.
Respectfully submitted
Alv W_ Jones
County Judge
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
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IN AE: NASDAQ MARKET-MAKERS 94 Civ. 3996 (RWS) }
ANTITRUST LITIGATION M.D.L. No. 1023
X
NOTICE OF PENDENCY OF CLASS ACTION AND OF PROPOSED SETTLEMENTS
TO: ALL PERSONS AND ENTITIES WHOTRADED SECURITIES ONTHE NASDAQ NATIONAL
MARKET BETWEEN MAY 1.1989'AND JULY 17,1996:THIS NOTICE MAY AFFECTYOUR
RIGHTS — PLEASE READ IT CAREFULLYI
BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
NEW YORK ('THE COURT-), THIS NOTICE IS BEING SENT TO YOU IN THE BELIEF THAT YOU
MAY BE A MEMBER OF THE BELOW-DESCRIBED CLASS, TO INFORM YOU AS FOLLOWS:
• THE COURT HAS CERTIFIED THE ABOVE- CAPTIONED CIVIL ACTION (`THE ACTION-) AS
A CLASS ACTION ON BEHALF OF THE CLASS DEFINED IN PARAGRAPH 1, BELOW.
• PLAINTIFFS HAVE ENTERED INTO PROPOSED SETTLEMENTS WITH ALL DEFENDANTS.
THE PROPOSED SETTLEMENTS PROVIDE FOR AGGREGATE PAYMENTS WHICH, IN-
CLUDING INTEREST, WILL TOTAL APPROXIMATELY $1,027,000,000.00 (BEFORE FEES
AND EXPENSES) BY THE ANTICIPATED TIME OF DISTRIBUTION IN 1999. A MORE COM-
PLETE DISCUSSION OF THE TERMS OF THE PROPOSED SETTLEMENTS IS SET FORTH
IN PARAGRAPHS 9 -10 BELOW.
• IF YOU MEET THE CLASS DEFINITION, YOU WILL BE DEEMED TO BE A MEMBER OF
THE CLASS, UNLESS YOU EXCLUDE YOURSELF PURSUANT TO THE INSTRUCTIONS
IN PARAGRAPH 5.
• IF YOU WISH TO REMAIN IN THE CLASS, YOU DO NOT NEED TO TAKE ANY ACTION IN
RESPONSE TO THIS NOTICE.YOU DO NOT NEED TO FILE ANY CLAIMS FORM ATTHIS TIME
THE CLASS DEFINITION
1. The Court has certified the Action as a class action on behalf of:
All Persons, firms, corporations, and other entities (excluding Defendants and Other
Nasdaq Market - Makers and their respective Affiliates) who purchased or sold Class
Securities on the Nasdaq National Market trading directly (or through agents) with the
Defendants or their Alleged Co-conspirators, or with their respective Affiliates, during
the period May 1, 1989, through July 17, 1996 (the 'Class Period").
The Class Includes, but is not limited to, trades through brokers acting as agents. Institutional
Investors as well as individuals are included in the Class. For purposes of the Class definition.
the term'Class Securities' refers to 1,659 securities traded on Nasdaq during the Class Period.
A complete list of Class Securities (and the respective periods during which each Class Security
is asserted to have been affected by defendants' alleged conspiracy) is Exhibit A to this Notice.
For the purposes of the settlements described herein, all entities performing broker, dealer, or
asset management services that executed securities transactions on behalf of customers are
deemed to have been acting as agents, and therefore the Class includes, but is not limited to,
all Persons, firms, corporations and other entities, as described above, who traded through
such broker, dealer, or asset management entities. In addition, brokers, dealers, and asset
management entities (excluding Defendants and Other Nasdaq Market - Makers and their re-
spective Affiliates) that are within the definition of the Class are members of the Class.
As used herein:
'Affiliates' means parents, subsidiaries and other Commonly Owned Entities. Commonly Owned
Entities means entities that are more than fifty percent owned directly or indirectly by a Person
or any of its direct or indirect parents.
'Alleged Co- Conspirators' means Persons other than Defendants who were Market- Makers
In one or more Class Securities at any time during the Class Period.
'Defendants' means A.G. Edwards & Sons, Inc.; Bear. Steams & Co.. Inc.; ST Alen Brown
Incorporated; Cantor Fitzgerald & Co.; CIBC Oppenheimer Corp.; Cowen & Company;
V O mall �I�..�a►,
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Credfi Suisse First Boston Corporation; Dean Witter Reynolds Inc.; Donaldson, Lufkin 6 Jenrette
Securities Corporation; EVEREN Securities, Inc. ((We Kemper Securities, Inc.); Furman Selz
r . LLC; Goldman. Sachs S Co.; Hambrecht S Quist LLC; Herzog. Heine. Gedukd, Inc.; J.C. Bradford
& Co.. LLC.; J.P. Morgan Securities, Inc.; Jeffertes tt Co., Inc.; Kidder, Peabody b Co., Inc.;
Legg Mason Wood Walker, Incorporated; Lehman Brothers Inc.; Mayer & Schweitzer, Inc.;
Merrill Lynch, Pierce, Fenner 4 Smith Incorporated; Montgomery Securities; Morgan Stanley
A Co. Incorporated; Nash, Weiss & Co.; OLDE Discount Corporation; PaineWebber Incorpo-
rated; Piper Jaffray Inc.; Prudential Securities Incorporated; Robertson, Stephens b Com-
pany, The Robinson - Humphrey Company, Inc.; Salomon Brothers Inc; Sherwood Securities
Corporation; Smith Barney Inc.; Spear, Leeds If Kellogg, LP (Roster Singer); UBS Securities
LLC; Weeden b Co., LP.; and Weeden Securities Corp.
'Market -Maker means an NASD member firm that qualifies or has qualified as a market maker
under Section 3(a)(38) of the Securities Exchange Act of 1934, as amended.
'Other Nasdaq Market - Makers' means, with respect to any Class Security, any Market -Maker
(other than a Defendant) registered with the NASD as a Market -Maker in that Class Security
at any limo during tho Class Period.
Other terms are defined in the settlement agreements.
2 If you meet the foregoing Class definition, you will be deemed to be a member of the Class
unless you exclude yourself pursuant to Paragraph S.
CONSEQUENCES OF CLASS MEMBERSHIP AND CLASS MEMBERS' RIGHTS
3. K you are and wish to remain In the Class, you need not take any action at this time. If
you remain in the Class, then: (a) you may be entitled to share in the benefits of the Proposed
Settlements discussed below, and you will be bound by any settlements or favorable or unfa-
vorable judgments entered in the Action; (b) your interests in the Action will be represented by
Class Counsel (see Paragraph 4); (c) you will not have to pay any of Class Counsel's attor-
neys' fees or expenses, except to the extent that the Court may direct that such fees and
expenses be paid out of any settlements or recoveries obtained for the Class; (d) you will
have the right to appear and be heard regarding court approval of the Proposed Settlements
(see Paragraph 11), and any applications for payment of attomeys' fees and expenses; and
(e) you will have the right to receive notice of and to object to any future settlements. If you do
not wish to have your interests represented by Class Counsel, you may enter a separate
appearance through counsel of your choice, at your own expense. In order to benefit from
any recoveries In this matter, you may be required at a future date to substantiate your
membership In the Class as well as the amount of your claim. Therefore, you should
retain all records pertaining to all purchases and sales of Class Securities during the
Class Period.
4. The Class is represented by Class Counsel, whose efforts are coordinated by the Court-
;_ appointed Plaintiffs' Co -Lead Counsel, who are: Arthur M. Kaplan, Esq., FINE, KAPLAN b BLACK,
_ A Restricted Professional Company, 1845 Walnut Street, 23rd Floor, Philadelphia, PA 19103;
Christopher Lovell, Esq., LOVELL & STEWART. LLP, 500 Fifth Avenue, New York NY 10110;
Leonard B. Simon, Esq., MILBERG WEISS BERSHAD HYNES & LERACH LLP, 600 West
- Broadway, 1800 One America Plaza, San Diego, CA 92101; and Robert A. Skimick, Esq.,
MEREDITH COHEN GREENFOGEL & SKIRNICK, P.C., 63 Wall Street, 32nd Floor,
"- New York, NY 10005. You may address any questions to them by writing to In re Nasdaq
Market- Makers Antitrust Litigation, P.O. Box 702, New York, NY 10011. See Paragraph 12 for
a toll -free telephone number, Internet web site, and E -mail address.
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5. If you do not wish to remain In the Class, then you must timely request In writing to be
excluded from the Class. If you exclude yourself from the Class you will not be entitled to
participate in any recovery by the Class, and you will not be bound by any settlement or
favorable or unfavorable judgment in the Action. Any request for exclusion must legibly set
forth your name and address and a statement that you wish to be excluded from the Class in
Me In re Nasdaq Market - Makers Antitrust Litigation. and must be sent by United States Mail,
postmarked not later than July 14, 1998, to: In re Nasdaq Market - Makers Antitrust Litigation,
P.O. Box 972, New York. NY 10036. If you request exclusion on behalf of any entity or any
Individual other than yourself (such as, for example, a trust, a minor or a pension fund), you
are requested to set forth your legal authority to execute the request on behalf of that entity or
other individual. You are requested to provide, with any request for exclusion, your Social
Security number or Taxpayer I.D. number, and a list identifying the date and identity of the
Class Securities you t ded during the Class Periodbb
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COURSE OF PROCEEDINGS, NATURE OFTHE ACTION, AND RELATED PROCEEDING
g, This Action arose from the consolidation before this Court of more than thirty separate anti-
, trust actions filed beginning In May 1994 In federal and state courts throughout the United
States. Plaintiffs' claims are set forth In the Second Amended Refiled Consolidated Complaint
('the Complaint). The Complaint alleges that the defendants and others successfully con-
spired to increase and fix the 'spreads' paid by plaintiffs and the members of the Class in
connection with purchases and sales of Class Securities. The spread Is the difference be-
tween the bid and the ask price quoted for a security, and allegedly represents a transaction
cost which buyers and sellers pay when trading securities on Nasdaq. Plaintiffs contend that
defendants Increased spreads for the Class Securities by, among other means, avoiding odd -
eighth bid and ask quotations for the securities (thereby ensuring that the minimum spread
would be one quarter of a dollar); following the spread set by a leading market -maker to a
security; and exerting pressure to prevent market -makers from Introducing bid and ask quota-
tions that would have the effect of reducing the spread for a security. Plaintiffs allege that. as
a result of defendants' assertedly unlawful conduct, plaintiffs and Class members were in-
jured by paying excessive transaction costs for purchases and sales of Class Securities.
i Plaintiffs seek to recover treble damages for the Class, together with reimbursement of costs.
an award of attorneys' fees,-and an injunction. Defendants have vigorously denied all of plain-
tiffs'allegations, asserted marry affirmative defenses, and had filed motions, which were pendug
at the time the Subsequent Settlement was reached (see paragraph 9), seeking to dismiss all
claims and also challenging the economic and damage theories advanced by plaintiffs.
7. There have been extensive proceedings before the Court and extenshre discovery pro-
ceedings. The Court has not adjudicated any of the claims or defenses of the parties.
This notice expresses no opinion by the Court as to the merits of any of the claims or
defenses.
8. More than two years after the firing of this Action, the U.S. Department of Justice CD"
brought a civil enforcement proceeding on July 17, 1996 ('the DOJ Action "), alleging that
twenty-four Nasdaq market- makers, together with others, conspired to widen spreads in vio-
lation of the federal antitrust laws. The DOJ Action was settled through the entry of a Stipula-
tion and Order ('Stipulation") which states that the defendants admit no wrongdoing. In the
Stipulation, defendants agree not to engage In certain conduct. Plaintiffs have appealed the
Court's approval &,ft Stipulation, because the Stipulation does not make certain evidence
available to plaintiffs and the Class. On August 8, 1996, the U.S. Securities and Exchange
Commission ('SEC") Instituted and settled proceedings pursuant to the Securities Exchange
Act of 1934 against the National Association of Securities Dealers ('NASD "), which operates
Nasdaq. Neither the SEC settlement nor the DOJ Stipulation provides any monetary recovery
for the Class.
THE PROPOSED SETTLEMENTS AND THE STATUS OF THE SETTLEMENT FUNDS
9. Class Counsel have negotiated proposed settlement agreements ('the Proposed Settlements")
with all defendants (identified at Paragraph 1 above). Class Counsel believe that the Pro-
posed Settlements will provide substantial benefits to the Class, and are fair, reasonable and
adequate. The Proposed Settlements provide for aggregate payments, which, Including inter-
est, will total approximately $1,027,000,000.00 (before deductions for such fees and expenses
as may be permitted by the Court) by the anticipated time of distribution in 1999 (the'Settle-
ment Fund"). Pursuant to certain of the proposed settlements, some defendants will make
staged payments for which they are severally responsible, all of which payments are required
to be made prior to the distribution date. In consideration for the foregoing, the Proposed
Settlements provide for a broad release of claims. and waiver of rights. The full text of the
releases and waivers of rights (printed in bold type face) is annexed as Exhibit 8 hereto. The
foregoing is only a summary of the terms of the Proposed Settlements. The complete.teims
are set forth in the Settlement Agreements, which have been filed with the Court.
10. The proceeds from the Proposed Settlements have been paid or are to be paid into a court -
supervised. Interest- bearing account for the benefit of the Class. The Settlement Fund. net of
any court- approved awards of attorneys' fees and expenses, will be ditstributed to Class mem-
bers pursuant to a plan of distribution to be approved by the Court Plaintiffs' Coa-ead Counsel
will propose a Plan of Distribution to the Court which in their opinion will fairly and adequately
address the questions of settlement administration. any claims requirements. and allocation
among the members of the Class, Including institutional and other Cuss members. The Plan
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of Distribution will be subject to Court approval, after further notice to Interested Class mem
bars and an opportunity for Interested Class members to be heard. Class Counsel will petitio
the Court for an award of attorneys' fees, not to exceed 17.5% of the Settlement Fund, and fc
reimbursement of litigation expenses, Including the fees and expenses of experts, which Clas
Counsel have advanced on behalf of the Class. The Proposed Settlements contemplate that
portion of the settlement proceeds may be applied, with Court approval, to pay the reasonabl
cost of Class notice and the reasonable fees and expenses of settlement administration.
11. A Hearing on the final approval of the Proposed Settlements, and on petitions for attoi
nays' fees and reimbursement of expenses, will be held on September 9,1998 at 10:0
a.m. before the Honorable Robert W. Sweet, at the United States Courthouse, 500 Peal
Street, New York, NY. Any Class member may secure a right to appear and be heard a
the Hearing by submitting a Notice of Intention to be Heard. In order to be effective.
Notice of Intention to be Heard must be in writing, must clearly reference this Action (In r
Nasdaq Market - Makers Antitrust Litigation, No. 94 Civ. 3996), and must include your nam
and address, a statement that you wish to appear and be heard at the Hearing, and a bric
statement of the position you wish to assert at the Hearing regarding the Proposed Settle
ments or applications for fees or expenses. In addition, your Notice of Intention must be ac
companied with copies of account statements or other transaction records sufficient to estat
fish your membership in the Class. The original and one copy of your complete Notice c
Intention (including supporting documentation) must be sent via United States Mail, postag
prepaid, to the Clerk of the United States District Court for the Southern District of New Yorl
500 Pearl Street, Room 120, New York, NY 10007. Additional copies of your complete Notic
of Intention (including supporting documentation) must be sent via United States Mail, postag
prepaid, to each of the following addresses: David J. Bershad, Esq., MILBERG WEIS
BERSHAD HYNES & LERACH LLP, One Pennsylvania Plaza, New York, NY 10119 an
Jay N. Fastow, Esq., WEIL, GOTSHAL & MANGES, LLP, 767 Fifth Avenue, New Yorl
NY 10153. In order to be effective, the original and all copies of your Notice of Intention mu,
be postmarked or received not later than July 14, 1998. If you do not effect your Notice i
Intention in the manner and by the deadline provided herein, you will be deemed to haw
waived any objection. The Hearing may be adjourned from time to time without further notic
to the Class other than by announcement at the date and time scheduled for the Hearing.
FOR MORE INFORMATION
12 The foregoing descriptions are general. You may obtain more detailed Inform
tlon by any of the following means: (1) by accessing the Internet web -sit
at http: / /w+vw.nasdaglltigation.com; (2) by E- mailing your question t
questions @nasdaglltigation.com; (3) by mailing your question to In re Nasda
Market - Makers Antitrust Litigation, P.O. Box 702, New York, NY 10011; or (4) b
calling the toll -free number at 1 -800- 993 -8991. DO NOT TELEPHONE AN
DEFENDANT, CLASS COUNSEL ORTHE OFFICE OFTHE CLERK OFTHE COUR
You or your attorney may, during normal business hours, visit the Office of the Clerk of th
Court; 500 Peaa Street. Room 120, New York, NY, in order to inspect the pleadings a
other papers maintained there in file No. 94 Civ. 3996 (RWS), M.D.L. No. 1023.
MULTIPLE MAILINGS
13. If you received multiple mailings, it may be because you had multiple brokerage accounts.
CHANGE OF ADDRESS
14. If notice was sent to a wrong address, or If your address changes In the future, please se
prompt written notification of your correct address to: In re Nasdaq Market - Makers Antitrus
Litigation, P.O. Box 2005, New York, NY 10199.
NOTICE TO BANKS, BROKERS AND OTHER NOMINEES
15. Pursuant to an Order of the Court, each bank, brokerage firm, trust company, trustee, and oth
nominee for a beneficial owner who purchased or sold Class Securities during the Class Peri
Is requested promptly (i) to forward to all such persons a copy of this Notice, or (it) send a machine:
readable fist of the names and addresses of persons for whom they purchased or sold Clast.-
Securities during the Class Period to the Settlement Administrator at P.O. Box 470, Phdadelphij �
PA 19105 and copies of the Notice will be mailed to all persons identified on such list. j
Dated: May 15, 1998 CLERK OF THE COURT z
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORI
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EXHIBIT 8
L Releases
The Released Parties, and each of them, shall be released and forever discharged from
all manner of Claims, of any nature whatsoever, known or unknown, suspected or unsus-
pected, in law, In equity; or otherwise, whether class, Individual, or otherwise In nature,
Including but not limited to those arising under state, federal, or other laws, rules, or regu-
• lations, that any Participating Class Member ever had, now has or hereafter can, shall or
may have, arising from or relating In any way to any conduct, agreement or omission
occurring prior to the date hereof (a) complained of in the Second Amended Refiled
Consolidated Complaint, the Amended Refiled Consolidated Complaint, or the Refiled Con-
solidated Complaint, (b) relating to any convention, understanding or coordinated activity
between or among two or more Persons including at least two Market - Makes:, or any express.
Implied or tacit agreement or collusion involving two or more Market - Makers, regarding
Quotes, Quote Increments, movements of Quotes, Prices, or Bid -Ask spreads ( either Dealer
Spreads or Inside Spreads or both) of any Nasdaq Security, (c) relating in any way to the
fixing, stabilizing, maintaining or widening of Quotes, Quote Increments, movement of
Quotes, Bid -Ask spreads (either Dealer Spreads or Inside Spreads or both) or Prices for
any Nasdaq Security, (d) relating in any way to the setting of or movement (or increments
of movement) of any Bid or Ask quotation or Price for any Nasdaq Security at the request
of or pursuant to agreement with another Market4Aaker, (e) relating in any way to the mini-
mum or maximum number of shares that Nasdaq Market-Makers, or any of them, were
wilting to trade at a quoted Bid or quoted Ask or at any Price, (f) relating In any way to any
convention, understanding or coordinated activity between or among two or more Persons
Including at least two Market - Makers, or any express, Implied or tacit agreement or collusion
Involving two or more Market - Makers, regarding the handling or treatment of any limit order
for any Nasdaq Security, or (g) relating in any way to any actual or attempted boycott,
harassment, refusal to deal or other behavior toward any person or entity relating in any
way to the conduct described in (a) through (f); Including, without limitation, any such
Claims which have been asserted or could have been asserted in state or federal court or
any other judicial or arbitral forum against the Released Parties, or any one of them, or
which arise under or relate to any federal, state, or other antitrust, unfair competition, unfair
practices, price discrimination, unitary pricing or trade practice law, securities law, or other
law or regulation, or common law, including without limitation, the Sherman Antitrust Act,
15 U.S.C. §1 et seq. (hereinafter and as further defined in this Section 13 and Section 14, the
"Released Claims *); provided, however, that this release does not Include a release of any
Claims (1) for alleged churning of securities, (11) for alleged fraud relating to undisclosed
payment for order flow, as pled in any action or proceeding pending as of the date of this
• Settlement Agreement, (iii) for alleged fraud relating to material misstatements or omissions
bearing on the underlying value of specific securities (and unrelated to market - making
activities including, but not limited to, movement of Quotes, Quote Increments, Dealer
Spreads, Inside Spreads, and agreements or arrangements between Market - Makers relating
to such market - making activities) or (iv) currently enumerated In any complaint or demand
for arbitration naming one or more of the Settling Defendants as a defendant, which was
filed and served upon such Settling Defendant(s) prior to the date of this Settlement
Agreement (except if, and solely to the extent that, such Claims arise from the conduct
complained of in the Second Amended Refiled Consolidated Complaint, the Amended Retitled
Consolidated Complaint, the Recited Consolidated Complaint, or the Consolidated Amended
Complaint).The exclusion set forth in (Iv) above does not apply or extend to any subsequent
amendment, modification, or supplementation of any pending complaint or demand for
arbitration that adds, expands, or changes Claims or allegations or adds additional parties.
Nothing herein shall be construed as indicating In any way that any such Claims enumerated
in (i), (ii), (111) or (iv) have any validity or could be or have been validly asserted against any
of the Released Parties.
R Waivers of Rights
Each Participating Class Member does hereby and by operation of the Final Judgment
expressly waive and relinquish, to the fullest extent permitted by law, the provisions. rights,
and benefits of § 1542 of the California Civil Code, which provides:
A general release does not extend to claims which the creditor does not know or
suspect to exist In his favor at the time of executing the release, which If known by
him must have materially affected his settlement with the debtor.
and any and all provisions, rights and benefits of any similar state, federal, or other law,
rule or regulation or the common law. Each plaintiff and each Participating Class Member
may hereafter discover facts other than, different from, or In addition to those that he, she
or It knows or believes to be true with respect to the Released Claims but each plaintiff and
each Participating Class Member hereby expressly waives and fully, finally and forever
settles and releases (subject to the provisions of Sections 7(b), 20 and 28), any known or
unknown, suspected or unsuspected, contingent or noncontingent Claim with respect to
• the Released Claims, whether or not concealed or hidden, without regard to the subse-
quent discovery e�xistenee nuch ottw,,d dent or ad1 � otnal facts.
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This Agreement is entered into by and between Brazos County, Texas, acting by
and through its duly elected Commissioners Court, hereinafter referred to as
"COUNTY," and HY -LINE INDIAN RIVER COMPANY, d/b /a HY -LINE
INTERNATIONAL, an Iowa general partnership, P.O. Box 65190, West Des Moines,
State of Iowa, hereinafter referred to as "Owner."
WHEREAS, the City Council of the City of Bryan, by Ordinance No. 1112,
approved on April 14, 1998, established Reinvestment Zone Number Six (6) for
commercial tax abatement, City of Bryan, Texas, as authorized by Article 1066,
V,T.C.S., as amended, and V.T.C.A., Tax Code §312.201.
NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS that for and in
consideration of OWNER's agreement to develop its property in accordance with City of
Bryan ordinances, County orders and the terms set forth below, which will promote the
economic development of the City of Bryan and Brazos County area, expand the
County's tax base, and create new jobs, and in further consideration of COUNTY's
agreement to make commercial- industrial tax abatement available to OWNER according
to the requirements of Chapter 312 of the Texas Tax Code and the terms set forth below,
COUNTY and OWNER hereby mutually agree as follows:
1. The real property that is the subject of this Agreement is the land area located at 1614
Finfeather, Bryan, Brazos County, Texas, also described as that approximately 5.76
acres out of Block 17, Lot 40 (TR -108) of the Zeno Phillips League, described on
Exhibit "A" and shall be referred to in this Agreement as the "PREMISES." The
number, kind and location of proposed improvements, buildings, machinery,
equipment, and tangible personal property, other than inventory or supplies, to be
constructed and installed by OWNER on the real property after January 1, 1998 are
listed in the attached Exhibit "B" and shall be referred to in this Agreement as the
"NEW IMPROVEMENTS."
2. OWNER agrees to install the NEW IMPROVEMENTS on the PREMISES in
accordance with all applicable ordinances, the City of Bryan's building permits to be
issued, and the Site Development Plan on file with the Inspection Services Division
of the City of Bryan, all of which are incorporated by reference as if included herein.
COUNTY agrees that OWNER shall be entitled to partial abatement of ad valorem
taxes on the PREMISES and NEW IMPROVEMENTS as provided for in Section 16
of this Agreement if OWNER installs said NEW IMPROVEMENTS and complies
with all terms and conditions of this Agreement.
3. OWNER agrees to build any and all NEW IMPROVEMENTS in accordance with all
applicable laws, ordinances, codes, rules, requirements or regulations of the City of
Bryan, Brazos County, the State of Texas and the United States, and any subdivision,
agency or authority thereof.
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4. OWNER agrees to maintain and operate the NEW IMPROVEMENTS (which will
consist of a 40,000 square foot building and incubator) in accordance with all
applicable laws, ordinances, codes, rules, requirements or regulations of the City of
• Bryan, Brazos County, the State of Texas and the United States, and any subdivision,
agency or authority thereof.
5. OWNER agrees that the general site plan, interior and exterior design drawings and
materials for all NEW IMPROVEMENTS will be submitted to COUNTY for
approval, which shall be incorporated herein for all purposes. An official set of plans
for each improvement will be designated by OWNER and kept on file with the
COUNTY.
6. OWNER shall keep the PREMISES and NEW IMPROVEMENTS insured against
loss or damage by fire or any other casualty at full replacement value by purchasing
insurance or through a self - insurance program. OWNER shall furnish the
COUNTY's Risk Manager with a true and complete copy of such insurance policy or
satisfactory documentation of its self - insurance program.
7. OWNER shall submit written notice to COUNTY within ninety (90) days after the
PREMISES or any NEW IMPROVEMENTS are damaged by fire or any other
casualty. The notice shall either set forth the dates OWNER will commence and
complete the repair, remodeling or renovation of the damaged PREMISES or NEW
IMPROVEMENTS or state that OWNER will not undertake such repair, remodeling
or renovation. Partial abatement of ad valorem taxes as provided for in this
Agreement ceases from the date of such damage until the premises are completely
restored to their prior condition. If OWNER notifies COUNTY that it will not
undertake repair, remodeling or renovation of the damaged PREMISES or NEW
IMPROVEMENTS, or if OWNER fails to complete the repair, remodeling or
renovation by the completion date set forth in OWNER's notice to COUNTY, then
COUNTY may at its sole option, terminate this Agreement and COUNTY shall
recapture from OWNER all property tax revenue COUNTY has lost as a result of this
Agreement as required by §312.205(x)(4), Texas Property Tax Code.
S. OWNER agrees to provide COUNTY and its designees access to the PREMISES and
the NEW IMPROVEMENTS at all reasonable times during the term of this
Agreement for the purposes of inspection and examination of books. records,
construction, workmanship, materials, and installations to determine that OWNER
has complied with any requirement of this Agreement.
9. OWNER agrees to limit the use of its property consistent with the general purpose of
encouraging development or redevelopment of Reinvestment Zone No. 6 while
partial abatement of ad valorem taxes is in effect pursuant to this Agreement_
10. OWNER represents and warrants that no member of the Brazos County
Commissioners Court has an interest in the PREMISES or the NEW
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IMPROVEMENTS to be installed thereon and that the same are not owned or leased
by any member of the Brazos County Commissioners Court.
11. OWNER agrees that COUNTY assumes no liability or responsibility by approving
plans, issuing building permits or making inspections in the event there is a defect in
any of the NEW IMPROVEMENTS constructed on the PREMISES. The
relationship between COUNTY, OWNER, and any taxing unit shall not be deemed to
be a partnership or joint venture for purposes of this Agreement.
12. OWNER shall indemnify, hold harmless and defend COUNTY, its employees,
officials, and agents from and against any and all obligations, claims, suits, demands
and liability or alleged liability, including costs of suit, attorney's fees, damages,
judgments, or settlements and related expenses arising in any manner from
OWNER's construction, use and operation of the PREMISES and the NEW
IMPROVEMENTS under this Agreement, provided, however, that OWNER shall
not be required to indemnify and hold harmless any party for injury or harm caused
by that party's gross negligence or willful misconduct.
13. OWNER agrees to pay all ad valorem taxes and assessments (except as abated
pursuant to this Agreement or otherwise exempt) owed to COUNTY prior to such
taxes and/or assessments becoming delinquent. OWNER shall have the right to
contest in good faith the validity or application of any such tax or assessment and
shall not be considered in default hereunder so long as such contest is diligently
pursued to completion. In the event that OWNER does contest such tax or
assessment, it shall nevertheless promptly pay to the COUNTY prior to delinquency,
all taxes and assessments which it is not contesting. If OWNER undertakes any such
contest, it shall notify COUNTY and keep COUNTY apprised of the status of such
contest. Should OWNER be unsuccessful in any such contest, OWNER shall pay
promptly all taxes, penalties and interest resulting therefrom.
14. OWNER agrees that if it (i) does not maintain the PREMISES and NEW
IMPROVEMENTS in good condition, wear and tear excepted; (ii) fails to repair,
remodel or renovate any damage or destruction of the PREMISES as provided for in
Section 7 above; (iii) fails to use the PREMISES and NEW IMPROVEMENTS for
the purposes contemplated by this Agreement and allows the same to become vacant;
(iv) fails to pay all non - abated taxes in the manner required by Section 13 hereof; (v)
fails to employ 3 additional part time employees on the PREMISES with an increase
in new annual gross payroll of at least THIRTY THOUSAND DOLLARS
($30,000.00) by December 31, 1998; (vi) fails to maintain construction work in
progress, equipment, land, buildings, improvements, and tangible personal property
on the PREMISES and NEW IMPROVEMENTS with a total capital investment
value of at least FIVE MILLION DOLLARS ($5,000,000.00), then OWNER shall be
in default. COUNTY shall notify OWNER in writing of its default, and OWNER
shall have thirty (30) days after receipt of such written notice, to cure any default. If
OWNER fails to cure its default, COUNTY may, at COUNTY's sole option require
OWNER to repay the current year's tax abatement on a prorated basis or COUNTY
may terminate this Agreement. Recapture of prior years' taxes will occur only if
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OWNER fails to repair, remodel or renovate the PREMISES or NEW
IMPROVEMENTS as required in Section 7 of this Agreement.
15. OWNER agrees to submit to COUNTY, and to each taxing unit in whose jurisdiction
the PREMISES are situated, no later than December 31, 1998 a Statement of
Compliance in the form attached hereto as Exhibit "C" indicating that it has or has
not completed NEW IMPROVEMENTS in accordance with the Plans or revised
plans and further indicating that OWNER has or has not complied with each
applicable provision of this Agreement.
16. This Agreement shall be for a term of eight tax/calendar years commencing on the
execution date hereof and terminating eight years from said date. The partial
exemption from ad valorem taxation during each tax year covered by this Agreement ;
shall be computed by taking a percentage of the increase in value of the PREMISES
and NEW IMPROVEMENTS (the real property and personal property, other than
inventory and supplies) on January 1" of each tax year over the value on January 1" i
of 1998, which is the year this Agreement was executed. The partial exemption
percentages are as follows:
Tax Year Percentage of Increased Value over
January 1. 1998 Value to be Abated
1999
70%
2000
70%
2001
60%
2002
50% i
2003
40% s
2004
30%
2005
20%
2006
10%
The taxable value of the PREMISES on January 1, 1998 is $320,550.00, subject
to adjustment upon certification of final value by the Brazos County Appraisal
District.
17. Should the OWNER be required to pay the COUNTY the taxes that would have been
paid to COUNTY had the taxes not been abated under the terms of this Agreement. it
shall pay such recaptured taxes plus interest at the rate provided for delinquent taxes
in accordance with V.T.C.A., Tax Code, Section 33.01. Such payment of taxes and
interest shall be due within thirty (30) days of COUNTY's termination of this
Agreement and notification to OWNER of the termination of this Agreement and of
the amount of taxes and interest due. The taxes and interest are delinquent and incur
penalties as provided by law for ad valorem taxes imposed by COUNTY if not paid
before February i of the year following the date on which the termination of this
Agreement occurs.
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If OWNER believes that such recapture is improper, OWNER may file suit in the
Brazos County district courts appealing such termination within sixty (60) days after
the written notice of the termination by the COUNTY. If an appeal suit is filed,
OWNER shall remit to the COUNTY, within such sixty (60) days after the notice of
termination, any additional and/or recaptured taxes as may be payable during the
pendency of the litigation pursuant to the payment provisions of Section 42.08, Texas
Tax Code. If the final determination of the appeal increases OWNER's tax liability
above the amount of tax paid, OWNER shall remit the additional tax to the COUNTY
pursuant to Section 42.42, Texas Tax Code. If the final determination of the appeal
decreases OWNER's tax liability, the COUNTY shall refund the OWNER the
difference between the amount of tax paid and the amount of tax for which OWNER
is liable pursuant to Section 42.43, Texas Tax Code.
18. Miscellaneous.
a. Severability. if any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws effective while this Agreement is in effect,
such provision shall be automatically deleted from this Agreement and the legality,
validity and enforceability of the remaining provisions of this Agreement shall not be
affected thereby, and in lieu of such deleted provision, there shall be added as part of
this Agreement a provision that is legal, valid and enforceable and that is as similar as
possible in terms and substance as possible to the deleted provision.
b. Texas law to apply. This Agreement shall be construed under and in accordance
with the laws of the State of Texas and the obligations of the parties created
hereunder are performable by the parties in Brazos County, Texas. Venue for any
litigation arising under this Agreement shall be in a court of appropriate jurisdiction
in Brazos County, Texas.
c. Sole Agreement. This Agreement constitutes the sole and only Agreement of the
Parties hereto and supersedes any prior understandings or written or oral agreements
between the parties respecting the subject matter covered by this Agreement.
d. Amendments. No amendment, modification or alteration of the terms hereof shall be
binding unless the same shall be in writing and dated subsequent to the date hereof
and duly executed by the parties hereto. Any proposed amendment, modification or
alteration shall be provided to the Bryan City Council and to the Bryan Independent
School District for review and comment prior to adoption by the County
Commissioners Court.
e. Rights and Remedies Cumulative. The rights and remedies provided by this
Agreement arc cumulative and the use of any one right or remedy by either party
shall not preclude or waive its right to use any and all other legal remedies. Said
rights and remedies are provided in addition to any other rights the parties may have
by law, statute, ordinance or otherwise.
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f. Attorney's Fees. OWNER shall reimburse COUNTY for reasonable attorney's foes,
costs, and expenses incurred if COUNTY prevails in any action brought under this
Agreement.
g. No Waiver. COUNTY's failure to take action to enforce this Agreement in the event
of OWNER's default or breach of any covenant, condition, or stipulation herein on
one occasion shall not be treated as a waiver and shall not prevent COUNTY from
taking action to enforce this Agreement on subsequent occasions.
h. Assignment. OWNER shall not assign this Agreement without the written approval
of the County Commissioners Court. A change in ownership of a majority of the
Partnership Interest of OWNER is an assignment for the purposes of this paragraph.
If OWNER assigns this Agreement without written approval of the County
Commissioners Court, this Agreement shall terminate immediately and the partial
abatement of taxes as provided for herein shall cease from the date such unauthorized
assignment occurred.
i. Notices. COUNTY and OWNER hereby designate the following individuals to
receive any notices required to be submitted pursuant to the terns of this Agreement:
CITY OWNER
City Manager HY -LINE INTERNATIONAL
Post Office Box 1000 P.O. BOX 65190
Bryan, Texas 77805 WEST DES MOINES, IOWA 50265
BRAZOS COUNTY BRYAN INDEPENDENT SCHOOL DISTRICT
Al Jones, County Judge C. David Stasny, President — Board of Trustees
300 E. 26`" Street c% Sarah Ashburn, Superintendent
Bryan, Texas 77803 101 N. Texas Avenue
Bryan, Texas 77803
The parties hereto have executed this Agreement in duplicate originals, each of equal
dignity. Each party has stated the execution date below the signature of its authorized
representative. If the parties sign this Agreement on different dates, the later date shall be
the effective date of this Agreement for all purposes.
ATTEST: BRAZOS COUNTY, TEXAS
Mary Ant Ward. County Clerk Judge vin % . Jon V, County Judge
Executed on: '7- 7 -qR
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Title:
THE STATE OF TEXAS §
HY -LINE INDIAN RIVER COMPANY,
an Iowa general partnership
By: Asti. • l✓ (.:rs� -,
Its: Ar.4.
Executed on: —i �•.� 2 0� qq Ab
COUNTY OF BRAZOS §
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared,
Judge Alvin W. Jones, County Judge of Brazos County, Texas, known to me [or proved
to me on the oath of or through
(description of identity card or other document)11 to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he, in his capacity as
such officer and with full authority, executed the same for the purposes and consideration
therein expressed, and as the act of said County Commissioners Court.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this % day o
1998.
L : • BE/►TRIZ D. GREEN
M1' COMMISSIONCXPIRES &otiby Public tateofT as
rum 11. mm
THE STATE OF IOWA §
COUNTY OF POLK §
BEFORE ME, the undersigned, a Notary Public, on this day personalty appeared
t S 0. C-4-9 e�!1 of Hy -Line
Indian River Company, A Iowa general partnership, known to me [or proved to me on
the oath of Re-aCaLun.w tI:kky..W or through
(description of identity card or other document)] to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he, in his capacity as
such officer and with full authority, executed the same for the purposes and consideration
therein expressed, and as the act of said general partnership.
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+ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this da of "'�� If Y � O.
.1998.
S % THOMAS P. 10RGENSEN me:��
' Notary blic Sta ofd
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EXHIBIT "A"
Being all that certain tract or parcel of land lying and being situated in the Zeno Phillips
League, A -45, Brazos County, Texas, and described by metes and bounds as follows:
BEGINNING at the SE comer of said S. C. Woiton tract, said point being in the West
line of the Bryan and Iron Bridge Road; THENCE N 8 -1/2 E 419.73 feet and comer, a
stake in said West line of said road;
THENCE N 81 -1/2 W 598 feet and corner, a stake;
THENCE S 8-1/2 W 410 feet and comer, a stake in the S line of said S. C. Woiton tract;
THENCE S 81 -1/2 E 598 feet to the Place of Beginning, containing 5.76 acres of land,
more or less, and being the same property conveyed to W. R. Sherrill, et al by Jno.
Woiton, Jr., et al by deed dated June 8, 1959, and recorded in Volume 198, Page 37,
Deed Records of Brazos County, Texas.
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EXHIBIT "C"
STATEMENT OF COMPLIANCE AGREEMENT FOR DEVELOPMENT
AND TAX ABATEMENT WITH HY -LINE INDIAN RIVER COMPANY
IN REINVESTMENT ZONE NUMBER SIX (6) CITY OF BRYAN
COMMERCIAL INDUSTRIAL TAX ABATEMENT,
CITY OF BRYAN, TEXAS
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
HY -LINE INDIAN RIVER COMPANY, acting by and through its duly
authorized representatives (the "Owner"), hereby certifies any improvements on the
Property, as called in the above referenced Agreement, have been completed and
constructed pursuant to said Agreement. Owner further certifies that it is in compliance
with every other term of said Agreement.
Signed this day of 1998.
HY -LINE INDIAN RIVER COMPANY
By:
Its:
Any above described improvements have been accepted by the City of Bryan,
Texas as having been construed in compliance with the above referenced Agreement, and
that pursuant to said Agreement the exemption from taxation shall commence on
1998 continuing through the year , which will be the last year
that the property will be entitled to exemption from taxation in accordance with this
Agreement, and that the taxable value of the Premises for such period of time shall be the
most current taxable value of the Premises for such period of time as appraised by the
Brazos County Appraisal District for each year of the term of the Agreement.
Signed this day of 1998.
ATTEST: BRAZOS COUNTY, TEXAS
- /,I/-# A# !��M &Z44W.
Mary An Ward, County Clerk Judge Alvin W. Jones, County Judge
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EXHIBIT "C"
STATEMENT OF COMPLIANCE AGREEMENT FOR DEVELOPMENT
AND TAX ABATEMENT WITH HY -LINE INDIAN RIVER COMPANY
IN REINVESTMENT ZONE NUMBER SIX (6) CITY OF BRYAN
COMMERCIAL INDUSTRIAL TAX ABATEMENT,
CITY OF BRYAN, TEXAS
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
HY -LINE INDIAN RIVER COMPANY, acting by and through its duly
authorized representatives (the "Owner"), hereby certifies any improvements on the
Property, as called in the above referenced Agreement, have been completed and
constructed pursuant to said Agreement. Owner further certifies that it is in compliance
with every other term of said Agreement.
Signed this day of 1998.
HY -LINE INDIAN RIVER COMPANY
By:
Its:
Any above described improvements have been accepted by the City of Bryan,
Texas as having been construed in compliance with the above referenced Agreement, and
that pursuant to said Agreement the exemption from taxation shall commence on
1998 continuing through the year , which will be the last year
that the property will be entitled to exemption from taxation in accordance with this
Agreement, and that the taxable value of the Premises for such period of time shall be the
most current taxable value of the Premises for such period of time as appraised by the
Brazos County Appraisal District for each year of the term of the Agreement.
Signed this day of 1998.
ATTEST: BRAZOS COUNTY, TEXAS
- /,I/-# A# !��M &Z44W.
Mary An Ward, County Clerk Judge Alvin W. Jones, County Judge
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AGREEMENT FOR DEVELOPMENT AND TAX
• ABATEMENT IN REINVESTMENT ZONE NUMBER NINE (9) FOR
COMMERCIAL TAX ABATEMENT, CITY OF COLLEGE STATION, TEXAS
STATE OF TEXAS §
COUNTY OF BRAZOS §
This Agreement entered into by and between BRAZOS COUNTY, TEXAS, acting herein
by and through its duly elected Commissioners Court (hereinafter referred to as "COUNTY ")
and CSL OF TEXAS, INC., a Texas corporation (hereinafter referred to as "OWNER') acting
herein by and through its duly authorized officer.
WITNESSETH:
WHEREAS, the City Council of the City of College Station, Texas, by Ordinance No.
2328, approved on May 14, 1998, established Reinvestment Zone Number Nine (9) for
Commercial Tax Abatement, City of College Station, Texas ( "ZONE ") as authorized by Article
• 1066F, V.T.C.S., as amended, and V.T.C.A., Tax Code §312201; and
WHEREAS, in order to provide for the proper development of the Property (as
hereinafter defined) and to aid in the conduct of the operation thereof to the best interest of the
COUNTY and the OWNER in accordance with the above- referenced ordinances and statutes, the
parties do mutually agree as follows:
1. The Property that is the subject matter of this Agreement is the land area
identified by the area depicted in Exhibit "A ", attached hereto and incorporated herein for all
purposes, and also referred to as a 60.51 acre tract or parcel of land, lying and being situated in
the J. W. Scott Abstract 49, College Station, Brazos County, Texas, and being more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference as if expressly set
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out in full, which tract is hereinafter referred to as " PROPERTY" and together with all fixtures
and permanent improvements shall be referred to as the "PREMISES ".
2. In consideration of OWNER's (a) construction of approximately four million
dollars of real and personal property improvements to be used as a warehouse/distribution center
of approximately (i) 80,000 - 90,000 square feet and (ii) 10,000 square feet of office space for a
total square footage of approximately 100,000 square feet (but in no event less than 90,000
square feet), and (b) creation of jobs, as detailed in Section 9, hereinbelow, COUNTY agrees,
subject to the terns and conditions contained herein, that the above - described PREMISES shall
be entitled to an exemption from taxation for the increase in value of said PREMISES over the
Base Year (as hereafter defined) for a period of four (4) years, and that upon the expiration of
such time this Tax Abatement Agreement shall terminate. OWNER acknowledges and agrees
that the purpose of this Tax Abatement Agreement is to encourage redevelopment of the property
in Reinvestment Zone Number Nine (9). OWNER agrees to limit the use of the PREMISES to
further said purposes stated in this Agreement.
3. OWNER agrees that the site plan, interior and exterior design drawings,
specifications and materials ( "PLANS ") for each improvement will be submitted to COUNTY,
and/or its designated representative, for its approval, which PLANS are incorporated herein for
all purposes. An official set of PLANS will be designated by the OWNER and kept on file with
the COUNTY.
4. OWNER agrees to construct all improvements in accordance with all applicable
laws, ordinances, codes, rules, requirements or regulations of the City of College Station, Brazos
County, and the State of Texas, and any subdivision, agency or authority thereof in effect at the
time of development.
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S. In the event the PREMISES are damaged by fire, act of God, or any other
casualty, OWNER shall within ninety (90) days of such damage diligently prosecute
reconstruction which shall be completed thereafter within one (1) year from the date of said
casualty, such reconstruction, repair, remodel, renovation or reconstruction of PREMISES to be
completed in accordance with the PLANS or revised PLANS. If such repair, remodel, renovation
or reconstruction is timely completed, there shall be no cessation or suspension of the tax
abatement granted herein. Should OWNER decide not to repair, remodel, renovate, or
reconstruct the damaged PREMISES, then the exemption from taxation as provided for in this
Agreement shall cease, the PREMISES will be taxed at full market value, and OWNER, shall
repay to COUNTY the amount of the tax previously abated in prior years.
6. COUNTY, by approving the PLANS or any revised PLANS, assumes no liability
or responsibility therefor for any defect in any structure constructed, renovated, or repaired from
the PLANS or approved revised PLANS. The relationship between COUNTY and OWNER at
all times shall not be deemed a partnership or joint venture for purposes of this Agreement.
7. At all reasonable times during the construction of PREMISES, and following its
completion, COUNTY and its respective designees may inspect PREMISES in order to ensure
that all construction, worlananship, materials and installations involved in or incident to the
project are performed in substantial compliance with the approved PLANS therefor and that the
PREMISES comply with all of the conditions and the applicable building permits and
governmental regulations.
8. OWNER agrees to F #iy all ad valorem taxes and assessments that may be owed to
COUNTY or any other taxing entity by it prior to such taxes and/or assessments becoming
delinquent; provided, that OWNER shall have the right to contest in good faith the validity or
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application of any such tax or assessment and shall not be considered in default hereunder so
long as such contest is diligently pursued to completion. In the event OWNER does contest any
such tax or assessment, it shall, nevertheless, promptly pay to COUNTY or any other taxing
entity prior to its becoming delinquent, taxes and assessments. If OWNER undertakes any such
contest, it shall so notify COUNTY and keep COUNTY apprised of the status of such contest.
Should OWNER be unsuccessful in such contest, OWNER shall promptly pay the taxes,
penalties, and/or interest, resulting therefrom.
9. OWNER represents and agrees to the following new additional employment and
payroll projections:
Additional
End ofyear Full Time Payroll Gross Payroll
1999 0 $144,000 $144,000
2000 6 $144,000 $288,000
2001 6 $144,000 $432,000
2002 6 $144,000 $576,000
2003 6 $144,000 $720,000
The above payroll numbers are annualized, based on the last payroll date in the
month of December each year. The "last payroll date in the month of December" shall mean, for
purposes of this paragraph, the last payroll distribution in the month of December. For example,
if the regular payroll is distributed to the employees on a weekly basis, every Thursday, the last
payroll distribution for 1998 will be on Thursday, December 31, 1998, for 1999, Thursday,
December 30, 1999.
Full -Time Employees shall mean any employee (excluding temporary or seasonal
employees) on the payroll in a budgeted position and having an officially scheduled work week
of 40 hours or more.
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Part -Time Employees shall mean any employee (excluding temporary or seasonal
employees) on the payroll in a budgeted position and having an officially scheduled work week
of less than 40 hours.
The OWNER and COUNTY agree that OWNER may hire up to seventeen
percent (17 %) of the employees as Part -Time Employees to meet the employment requirements
in Section 9 hereof-, provided that the gross payroll requirements set forth above are maintained.
10. Submission of Reports and/or Inspection and Auditing
The parties herein agree that the COUNTY shall have the right annually to an on-
site inspection of the PREMISES to verify that OWNER is in substantial compliance with the
terms of this Agreement and any modification hereto. COUNTY agrees to provide reasonable
notice beforehand of any such request for inspection. Additionally, OWNER shall submit to the
COUNTY and/or the Bryan/College Station Economic Development Council, on an annual
basis, the information or reports necessary for the monitoring of the performance criterion
established in this Agreement. The submission shall be certified, at OWNER's expense, by (a) a
Certified Public Accountant or in -house accountant of Owner and (b) the President or other
designated officer of the OWNER
11. Default
In the event OWNER (i) does not maintain the PREMISES in good condition,
reasonable wear and tear excepted, (ii) fails to use the PREMISES for the purposes that are
contemplated by this Agreement and allows the PREMISES to become vacant, (iii) fails to pay
all nonabated taxes in the manner required by Section 12 hereof, (iv) fails to maintain a new
gross total payroll for employees working at the PREMISES as established in Section 9 herein
and totaling new payroll of at least SEVEN HUNDRED TWENTY THOUSAND DOLLARS
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(5720.00000) on or before December 31, 2003, or on an annualized basis if the PREMISES
commence production on a date other than January 1, or (v) on the thirty-first day of December
of each of the effective years of this Agreement fails to maintain work -in- progress, equipment,
land, buildings, improvements, and tangible personal property on the PROPERTY with an ad
valorem tax value of at least FOUR MILLION DOLLARS as measured by the official tax rolls
of the Tax Assessor - Collector of Brazos County, Texas, then the COUNTY shall give OWNER
written notice of such deficiencies or failures and if OWNER has not complied, or made
satisfactory efforts to comply, within thirty (30) days of said written notice, COUNTY shall and
does reserve the right to declare this Agreement in default and shall have the right to (i) recapture
the taxes previously abated, or (ii) terminate this Agreement in COUNTY's sole discretion. If the
Agreement is terminated, the PREMISES shall be deemed taxable and not entitled to abatement
as provided herein from and after the effective date of termination.
COUNTY and OWNER further agree that if OWNER does not diligently,
faithfully and conscientiously pursue the completion of the contemplated initial construction and
renovation of PREMISES, in accordance with the Plans (or revised Plans), and OWNER's
application for tax abatement, COUNTY shall have the right to renegotiate or terminate this
Agreement, and OWNER shall pay to the COUNTY the taxes that would have been paid to
COUNTY had not OWNER's taxes been reduced under the terms of the Agreement.
Notwithstanding the foregoing, if this Agreement is deemed in default based upon
failure of OWNER to meet gross payroll requirements on December 31 of any year, OWNER
shall have sixty (60) days thereafter to meet its annualized gross payroll requirement.
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12. PayMent of Taxes After Default
Should the OWNER be required to pay the COUNTY the taxes that would have
been paid to COUNTY had the taxes not been abated under the terms of this Agreement, it shall
pay such recaptured taxes plus interest at the rate provided for delinquent taxes in accordance
with V.T.C.A., Tax Code, Section 33.01. Such payment of taxes and interest shall be due within
thirty (30) days of COUNTY's termination of this Agreement and notification to OWNER of the
termination of this Agreement and of the amount of taxes and interest due. The taxes and interest
are delinquent and incur penalties as provided by law for ad valorem taxes imposed by
COUNTY if not paid before February 1 of the year following the date on which the termination
of this Agreement occurs.
If OWNER believes that such recapture is improper, OWNER may file suit in the
Brazos County district courts appealing such termination within sixty (60) days after the written
notice of the termination by the COUNTY. If an appeal suit is filed, OWNER shall remit to the
COUNTY, within such sixty (60) days after the notice of termination, any additional and/or
recaptured taxes as may be payable during the pendency of the litigation pursuant to the payment
provisions of Section 42.08, Texas Tax Code. If the final determination of the appeal increases
OWNER's tax liability above the amount of tax paid, OWNER shall remit the additional tax to
the COUNTY pursuant to Section 42.42, Texas Tax Code. If the final determination of the
appeal decreases OWNER's tax liability, the COUNTY shall refund the OWNER the difference
between the amount of tax paid and the amount of tax for which OWNER is liable pursuant to
Section 42.43, Texas Tax Code.
13. OWNER shall certify in writing to COUNTY that all construction of the
improvements to the PREMISES have been completed in accordance with the approved plan&
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After receipt of this certification, COUNTY shall make a final inspection of PREMISES to
verify whether PREMISES have been constructed in compliance with this Agreement, and that
upon so finding. COUNTY shall issue a Certificate of Compliance.
14. The tax exemption provided for by this Agreement shall exempt the value of the
land. buildings and the other permanent improvements. Taxes on personalty shall also be abated,
but only on those items of personalty described on a schedule of property to be furnished to the
COUNTY, no later than December 31, annually, and approved and accepted by COUNTY as
eligible for abatement pursuant to the Texas Tax Code. This tax abatement shall apply to the
value of the PREMISES over and above the certified value of the PROPERTY for the 1998 tax
year (herein the Base Year). Such abatement shall be effective for the following years and in the
following percentages under the terms, conditions and limitations provided herein:
YEAR % OF ABATEMENT
1999 90%
2000 80%
2001 70%
2002 60%
2003 0%
15. The Chief Appraiser of the Brazos County Appraisal District shall annually
determine (i) the taxable value of the real and personal property comprising the PREMISES
taking into consideration the abatement provided by this Agreement, and (ii) the full taxable
value without abatement of the real and personal property comprising the PREMISES. The Chief
Appraiser shall record both the abated taxable value and the full taxable value in the records. The
full taxable value figure listed in the appraisal records shall be used to compute the amount of
abated taxes that are required to be recaptured and paid in the event this Agreement is terminated
in a manner that results in recapture. Each year the OWNER shall furnish the Chief Appraiser
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with such information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary
for the administration of this Agreement. The taxable value of the Property for the 1998 tax year
is $488,410.00.
16. Rgpresentation.
OWNER represents and warrants that no member of the College Station City
Council, the Brazos County Commissioners Court or County Judge has an interest in the
Premises or the Property and that the same are not owned or leased by any member of the
College Station City Council, the Brazos County Commissioners Court or County Judge.
17. TcM.
The teen of this Agreement shall be from date of execution through February 15,
2004.
18. Miscellaneous.
a. AttorneVs Fees. If on account of any breach or default by OWNER of its
obligations under the terms, conditions, or covenants of this Agreement, it shall be necessary for
COUNTY to employ an attorney or attomeys to enforce or defend any of the rights or remedies
hereunder, and should COUNTY prevail, COUNTY shall be entitled to any reasonable attorney's
fees, costs, or expenses incurred by it in connection therewith.
b. Severability. If any provision of this Agreement is held to be illegal,
invalid, or unenforceable under the present or future laws effective while this Agreement is in
effect, such provision shall be automatically deleted from this Agreement and the legality,
validity and enforceability of the remaining provisions of this Agreement shall not be affected
thereby; and in lieu of such deleted provision, there shall be added automatically as part of this
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Agreement a provision that is similar in terms and substance to such deleted provision as may be
possible and yet be legal, valid and enforceable.
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C. Texas Law To Annly. This Agreement shall be construed under and in
wcordance with the laws of the State of Texas and all obligations of the parties created
hereunder are performable in Brazos County, Texas. In the event of litigation, jurisdiction shall
lie in Brazos County, Texas.
d. Prior Agreements Superseded. This Agreement constitutes the sole and
only Agreement of the parties hereto and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
e. Amendments. No amendment, modification or alteration of the terms
hereof shall be binding unless the same shall be in writing, dated subsequent to the date hereof
and duly executed by the parties hereto.
E Rights and Remedies Cumulative. The rights and remedies provided by
this Agreement are cumulative and the use of any one right or remedy by either party shall not
preclude or waive its rights to use any or all of their remedies. Said rights and remedies are given
in addition to any other rights the parties may have according to law, statute, ordinance or
Otherwise,
g. No Waiver. No waiver by COUNTY in any event of default, or breach of
any covenant, condition or stipulation herein contained shall be treated as a waiver of any
subsequent default or breach of the same or any other covenant, condition or stipulation hereof
h. Assignment. This Agreement may not be assigned by OWNER, either
collectively or individually, without the prior written consent of the COUNTY. Additionally,
excepting a change in stock ownership of OWNER by operation of law, wherein the gross
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payroll and capital investments continue to be maintained hereunder, a change in ownership in a
single transaction of fifty -one percent (51 0/6) of the stock of OWNER, or the transfer of
ownership of OWNER, shall be considered an assignment for purposes of this paragraph. An
assignment as prohibited above shall cause this Agreement to terminate immediately and the
exemption from taxation as provided for herein shall cease. Such assignment shall, however, not
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be considered a violation of this Agreement as to require the recapture of any taxes previously
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abated herein.
i. Authority to Act. The parties to this Agreement shall provide proof of
authorization to execute this document.
The parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement in multiple counterparts, each of equal dignity, on this
-13jrVI. day of 1998.
• CSL OF XAS, INC. BRAZOS COUNTY, TEXAS
BY: BY: •--�
Prin Name: 414 1 Judge vin W. Jo es, County Judge
Title:
ATTEST:
ZeAlue
Mary Ann ard, County Clerk
VOL--M
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STATE OF TEXAS §
COUNTY OF BRAZOS $
This instrument was acimwledged before me on this ._a__ day o 1998,
by Judge Alvin W. Jones, County Judge for Brazos County, Texas, on be f of County.
�+!!'•'•:4�1 SEA'.'• !Z D. GREEN
fAy Cram. g55fom WMES
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INUary Publ c and for tate of Texas
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on thisl3!- day of 1998,
by J)g= z� q Clk.,. It -- of CSL OF TEXAS, INC., a
Texas corporation, on behalf of said corporation.
a 'ny �tiry MV sw 01 Tom
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''%:;,°;`•�� Notary Public in and for the State of Texas
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CSL of Texas. Inc.
60.51 Acre Tract
J.W. Scott Survey A49
College Station, Brazos, County Texas
Field notes of a 60.51 acre tract or parcel of land, lying and being situated in the
J.W. Scott Survey. Abstract No. 49, College Station, Brazos County, Texas, and being
all of the 25.00 acre tract described in the deed from Texas Instruments Incorporated
to Bryan Coca -Cola Bottling Company recorded in Volume 2730. Page 86, of the
Official Records of Brazos County. Texas. and being part of the 167.64 acre tract
described In the deed from Texas Instruments Incorporated to CSL of Texas Ina.
recorded to Volume 2730, Page 82, of the Official Records of Brazos County. Texas.
and being more particularly described as follows:
BEGINNING at the W iron rod found at an 8" creosote post fence comer
marking the north comer of the beforementioned 250.00 acre tract in the southeast
right- of-way line of Farm to Market Road No. 60. (12(Y right -of -way) same being the
occupied west comer of the Peters, et all - called 46.19 acre tract as recorded in
Volume 223. Page 112. of the Deed Records of Brazos County. Texas.
THENCE along the common occupied line between the beforementioned
250.000 acre tract and the beforementioned 46.19 acre tract, with an old fence fine, as
follows:
S 53.39' 04" E for a distance of 119.53 feet to a W iron rod set at an angle
point comer. from which a 4" cedar post bears N 23.1 S 08"
E -12 feet, and a 20" post oak tree fence angle point bears
S 51.15' 46" E -18.3 feet;
S 46.08' 49"E for a distance of 162.98 feet to a 27" post oak tree fence
angle Point;
S 43.17'58" E fora distance 12828 feet to a W iron rod set for angle point,
comer, from which a 20" post oak tree fence angle point
bears N 45" 08' 29" W - 9.0 feet;
S 44.31' 15" E 1269.44 feet to a W iron rod found at moss -do fence corner
marking the south comer of the said 46.19 acre tract;
S 44.59 40" E along the common line between the said 250.00 acre bad
and the 2.00 acre had described in the deed to E.H. Harte
recorded In Volume 507. Page 568, of the Deed Records
of Brazos County. Texas, for a distance of 254.38 feet to a
W iron rod set;
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THENCE S 44.21 44" W 1510.30 feet to a'iV iron rod set In the northeast
right- of-way line of a proposed 7a right -of -way, same being a curve concave to the
southeast, having a radius of 1030.42 feet;
THENCE along the northeast right- of-way line of the proposed 70' right -of -sway
as follows:
Northwesterly for an arc length of 54.69 feet to a IV iron rod set at a point of
reverse curve having a radius of 1100.42 feet; the chord N 15' 47 27' W
54.69 feet;
Northwesterly for an acre length of 604.07 feet to a W iron rod set at the end
of the curve, the chord bears N 29.54' 42" W 596.51 feet;
N 45.38' 16" W 1319.01 feet to a IV iron rod set In the southeast right -0f -way
line of Farm to Market Road No. 60;
Thence N 44.15 21" E along the southeast right-of-way line of Farm to Market
Road No. 60 for a distance of 1336.18 feet to the PLACE OF BEGINNING containing
60.51 acres of land more or less.
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION .-
DEPARTMENT ;.:. and Bridge NUMBER 560001
DATE OF • - 7/07/98
Permission • enter Tom Williams' •V! 11 located •1 Frangis Road-f.Qr the
pm=se of stockpiling Grade 4 rock for road construction grojects. Signgd permission
L• 111 is attached. • ' • in Precinct _
SOURCE OF FUNDS: NIA
I. NOTESIEXCEPTIONS:.
II. ACTION REQUESTED OR ALTERNATIVES:
SVWITTED BY: APPROVED BY:
Richard F. Vance, P.E. "-Comm, i-ssioner William S. Thornton
County Engineer Precinct 2
CC98 -056 11
Approved6eniedO by Commissioners'.Court
Date: 7- 7•
Alvin W. Jones,- County Judge
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION .-
DEPARTMENT ;.:. and Bridge NUMBER 560001
DATE OF • - 7/07/98
Permission • enter Tom Williams' •V! 11 located •1 Frangis Road-f.Qr the
pm=se of stockpiling Grade 4 rock for road construction grojects. Signgd permission
L• 111 is attached. • ' • in Precinct _
SOURCE OF FUNDS: NIA
I. NOTESIEXCEPTIONS:.
II. ACTION REQUESTED OR ALTERNATIVES:
SVWITTED BY: APPROVED BY:
Richard F. Vance, P.E. "-Comm, i-ssioner William S. Thornton
County Engineer Precinct 2
CC98 -056 11
Approved6eniedO by Commissioners'.Court
Date: 7- 7•
Alvin W. Jones,- County Judge
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BRAZOS COUNTY J
PRIVATE PROPERTY ACCESS PERMISSION FORM
Alm W. .AJonas
County M90
Tong Jones OF B
commissioner Pd t
MI&A" S. Thomson O
Commbsiwwr Pet 2
Rends Sims b'a� Inlout��
Commbsiawr Pet 3 '
Cammbsfawr Pot 1 _
Date ,6—z3 Ali
#/I. LAND OWNER AND ADDRESS C/
/inw A4�— r
`'ll. LOCATION OF WORK ploA
III. DESCRIPTION OF WORK TO BE DONE ,C� L�.dP "il�-
to
IV. MAINTENANCE YES.— NOg
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
(Owner will be notified prior to maintenance)
Richard F. Vance, P.E. EngirtsVMde/Foreman
County Engineer �y
✓OWNER'S SIGNATURE ,�� DATE r ��
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BRAZOS COUNTY
• • NERS' COURT ACTION •'
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF • ••:
R2quest from GTE to mlocate buried cable (for Brazos C• t the 1 • 1 •
ways of Wheelock Hall Road and Locke Road for Wheelock H 11 D—A . 1 . 1
• • ft l 1 1 _
SOURCE OF FUNDS: N/A
I. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be installed 1) within 3-6 of and parallel to the right-of -way Me and/or 2) in the
case of a road bore, perpendicular to the right- of-way line.
C) If clearing of brush, trees and other obstruction is necessary, it shall be the Apptipnrs
responsibility to do so and to remove all Geared brush, trees etc. from County right -of -way.
D) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D-698; test
shall be conducted by an independent Geotechnical testing firm; copies of all test results shall
be furnished to the office of the Brazos County Engineer.
E) Construction shall be In strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways. published by the Texas Department of Transportation.
and all other State and Federal laws governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY: APPROVED BY:
5
Richard F. Vance, P.E. Commissioner William S. Thronton
County Engineer Precinct 2
CC98 -057 //
Approvedl]i&niedO by Commissioners' Court
Date: ? •- 7- qg
x Alvin W. Jones, C unty Judge
VOL 25-D
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June 16, 1998
® GTE etwortt
Servkes
Access Design
301 Industrial Blvd.
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy 21
Bryan, TX 77803
Dear Sir.
Subject: AGRMNTS 24 BURIED CABLE
Enclosed are Form ED -135 and work location sketch showing the location of our
proposed buried cable line on County Roads in Brazos County at Kurten, Texas.
This work is to be completed on Work Order 5435 - 3P001 DG which is scheduled for
July 6, 1998. If you have any questions concerning this order, please contact Joe
Young at our office in Bryan, telephone 409- 8214303 within 15 days so that we may
explain or modify our proposal, otherwise, it is understood that this is approved.
Sincerely,
W,&
Charlie Clanton
Senior Designer - Access Design
CC:ec
Attachment
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GENERAL TELEPHONE NOTICE OF COMMUNICATION
COMPANY LINE INSTALLATION
June 16, 1998
TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
Formal notice is hereby give that GTE will construct a communication line within the
right- of-way of a County Road in Brazos County, Texas as follows:
GTE will place a 200 ft. Section of buried telephone cable at the intersection
of Wheelock Hall Road and Lock Road at approximately 3 ft. In the newly
established R.O.W. GTE will also lower two (2) existing buried cables at
the northwest intersection, bury two (2) existing pedestal splices, and move
a pedestal with a load coil along Wheelock Hall Road. This work is being
done at the request of the Brazos County Road District.
The location and description of this line and associated appurtenances is more fully
shown by two (2) copies of drawings attached to this notice. The line will be
constructed and maintained on the County Road right -of -way in accordance with
governing laws.
Notwithstanding any other provision contained herein, it is expressly understood
that tender of this notice by the GTE Southwest Incorporated does not constitute a
waiver, surrender, abandonment of impairment of any properly rights, franchise,
easement, license, authority, permission, privilege or right, now granted by law or may
be granted in the future and any provision or provisions so construed shall be null and
void.
Construction of this line will begin on or after June 1, 1998.
GENERAL TELEPHONE COMPANY 5435 - 3P001 DG
rlie Clanton
Senior Designer - Access Design
301 Industrial Blvd.
Bryan, Texas 77803
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" BURIED SPLICE CLOSURE I `\ ` "' /' TO MIhIMI E log RISK OF SERVICE DEGAMATION! ACTIVITY 'PwCLvPiG THIS
TRANSMISSION EDAPT.SH"D BE LIMITED TO THE MAINTENANCE MRODI/
AND BURY IN PIT ' NOC ONLINE TRANSMISSION SUPPORT N714•815.8150
24 /OURS PER DAY ... 7 DAYS PER JREK
50 FT 40PVC \\ /' �' PEO q 6EFOE STARTING ANY WORK.ASK YOURSELF THESE "STIONSN
L 010 1 -REVIEw RECOVERY PROCEMMS?
`\ / �� / ?. HAVE I IDENTIFIED SERVICES NO USE" [WWI? IN
�h / 3. NAVE I FILED A NIGH RISK ACTIVITY REPORT? 'i`
_. REMOVE P E D I S T A L S I `, . , A. 00 1 HAVE A REGRESSION TEST PLAN? t�
BOTH
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/ PO 0 / IF YOU ANSWERED NO TO ANY OF THESE MASTIO)M OR FEEL ,THAT VW
DIG UP / / CANNOT COMPLETE THE !JOB SAFELY?
/ I / STOP 00 440T ATTEMPT THE .JON CALL YOUR SUPERVISOR IMEDIATELYI
BEWARE OF WATER LINES
, -'SEE WP #3 I
NOTE AREA OBSERVE ALL SAFETY RULES, m sIi AREA STATES TX
DIVISION: TEXAS AREA I ExCH.:3A30 IREM. CD.: 000
LOCATE ALL EXISTING BURIED TELEPHONE CABLES AND, UTILITIES. "°� MOVE E,°° �uNTRIS NUMBER:
I!TLE:ROAO MOVE M►EELOCK HALL Rp TAX OST.: 15001
T wP: RNG.: -r -.c4. SAL: 3-CO
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NOTE AREA-OBSERVE ALL SAFETY RULES, ® sit AREA STATE, TX
DIYISIONt TEXAS AREA EXCH.15135 REM. CO.: 000
LOCATE ALL EXISTING BURIED TELEPHONE CABLES AND UTILITIES, InE: o D MOVE "�ELO�CKIHALL RO TAXTDST• &N4M�is
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PLACE NEW CABLE APPDX, 3 FT. IN R.O.W. IF EXISTING UTILITIES ALLOW. DATE, 06/01 /98 REV. DDATE ENG APRYp ALEtPRIN5W
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BEFORE STARTING ANT 10044ASU YOURSELF THESE OUES110Mr
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CUT IN SECTION OF CABLE
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OBSERVE ALL SAFETY RULES. DIVISION: TEXAS AREA EXCH. :'5735 REM.CO.:d00
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LOCATE ALL EXISTING TELEPHONE CABLES AND BURIED' UTILITIES■ IIILE :ROADMM"ELOCK HALL RDTAXDST.: .5001
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The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Alvin W. Jones, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in the Revised Statutes of the State of Texas. (Te= Local Government Code,
114.026)
Witness my hand this _Z day of T Ly A.D. 19__.
Mary Ann and
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this '77" day of
JULY A.D. 19 476.
Alvin
Tony Tones, Commissioner Precinct #1
#2
Randy Si , commissioner Precinct #3
CArcy Caul e , Commissioner P cci ct #4
Treasurer's Reports dated: APRIL 1998 and MAY 1998 '
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APRIL 1998 TREASURER'S REPORT
FUND NAME
GENERAL FUND
LAW LIBRARY
FUND BALANCE
3131/98
20,983,145.71
65,401.42
842.90
INCOMING
1,541 161.75
3,330.20
688.96
INVESTED TEXPOOL
INTEREST - APRIL
72,632.69
SUB -TOTAL
22,596,940.15
68,731.62
153.94
4,840.00
DISBURSED
2,328,701.05
1,632.47
5.00
3,290.00
FUND BALANCE
4130198
20,268,239.10
67,099.15
158.94
1,550.00
INVESTED
20,166,915 86
-
_
ENDING AL.
101 323.24
87 099.15
158•
1 550,00
APPELLATE JUDICIAL FUND
ALTERNATIVE DISPUTE RESOLUTN
3,280.00
1,560.00
-
-
25,618.36
1,807.50
23,810.86
-
23,810.86
LEOSE FUND
25,618.36
�
110,251.29
5.00
110,246.29
_
110,246.29
COUNTY RECORDS MANAGEMENT
106,8fi1.48
3,389.81
-
123,817.25
2,150.40
121,666.85
-
121,666.85
COUNTY CLERK MGMT.FUND
118,762.33
5,054.92
198,498.61
5.00
198,493.61
198,493.61
COURTHOUSE SECURITY FUND
192,345.69
6,152.92
-
35,881.93
26,407.56
9,474.37
VIT INTEREST FUND
35,738.45
2334
120.14
35,881.93
51,535.88
13,456.31
38 079.57
STATE LATERAL ROAD
51,380.87
93.79
61.22
51,535.88
177,102.13
-
1,508.89
175,593.24
175,593.24
JUVENILE JUSTICE CENTER
176,665.92
436.21
-
-
5,160,575.83
197,465.89
4,963,109.94
4,940,834.38
22,275.58
GEN.PERMANENT lMPV.
5,160,575.83
-
5,508.33
1,983,879.08
25,490.33
1,958,388.75
1,713,137.69
245,251.08
ROAD E BRIDGE PROJECTS
1,975,240.88
3,129.87
171,416.85
68.222.94
103,193.91
103,193.91
HEALTH DEPARTMENT
40,372.84
131,044.01
-
165.74
38,247.66
99.00
38,148.66
36,430.21
1,718.45
VOTER REGISTRATION
38,077.44
4.48
1,598.62
1,256,721.71
240,482.59
1,016,239.12
703,047 66
313,191.46
HEALTH 8 LIFE INSURANCE
1,021,732.66
233.390.43
1,089,380.97
918,702.11
170,678.86
170,678.86
PAYROLL
356,156.45
733,224.52
49,292.24
-
49,292.24
49,292.24
BAIL BOND BOARD FUND
49,170 84
121.40
-
80,086.74
33142,577.62
3,789,568.17
29,353,009.45
27,600,229.67
1 752,779.78
TTL.OF ACCTS.IN POOL
30,399,684.27
2,662,806.61
1,309,691 89
-
1,309,691.89
1,305,798.62
3,893.27
GEN OBLIG DEBT SVC.
1,308,441.55
2.48
1,247.86
low
31,708,125.82
2,662,809.09
81,334.60
34,452,269.51
3,789,568.17
30,662,701.34
28,906,028.29
1,7511,673.05
TOTAL
Brazos County Treasurer, oil
This report is submitted as true and correct to Commissioners Court b
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MAY 1998 TREASURER'S REPORT
FUND NAME
AL FUND
3RARY
ATE JUDICIAL FUN
IATIVE DISPUTE RI
FUND
ITHOUSE SECURITY FUND
JTEREST FUND
E LATERAL ROAD
NILE JUSTICE CENTER
PERMANENT IMPV.
) 8 BRIDGE PROJECTS
.TH DEPARTMENT
:R REGISTRATION
.TH 8 LIFE INSURANCE
tOLL
BOND BOARD FUND
.ti::�•�.'ti�ti��ti: �. fti�:ti :::•.
FUND BALANCE
INCOMING
INVESTED TEXPOOL
SUB -TOTAL
DISBURSED
FUND BALANCE
INVESTED
ENDING BAL..
INTEREST - MAY
5/31/98
5131198
20,268,239.10
1,549,856.85
71,223.11
21,889,319.06
2,679,066.90
19,210,252.16
19,237,152.14
26,899.98
67,099.15
3,380.44
-
70,479.59
2,213.75
68,265.84
-
68,265.84
158.94
22,940.00
-
22,781.06
1
22,781.06
-
22,781.06
1,550.00
1,510.00
1.060.00
1,550.00
1,510.00
-
1.510.00
23,810.86
-
-
23,810.86
786.00
23,024.86
-
23,024.86
110,246.29
3,322.76
-
113,569.05
-
113,569.05
-
113,569.05
121,666.85
5,504.36
-
127,171.21
2,623.53
124,547.68
124,547.68
198,493.61
4,797.98
-
203,291.59
-
203,291.59
-
203,291.59
35,881.93
48.78
124.47
36,055.18
36,055.18
26,532.03
9,523.15
51,535.88
196.04
63.42
51,795.34
-
51,795.34
13,519.73
38,275.61
175,593.24
903.99
-
176,497.23
1,766.50
174,730.73
-
174,730.73
-
4,963,109.94
104,602.19
4,858,507.75
4,940,834.38
82,326.63
4,963,109.94
1,958,388.75
-
1,262.60
8,074.54
1,967,725.89
107,399.17
1,860,326.72
1,721,212.23
139,114.49
103,193.91
74,118.99
-
177,312.90
78,726.70
98,586.20
-
98,586.20
38,148.66
8.85
171.71
38,329.22
276.15
38,053.07
36,601.92
1,451.15
1,016,239.12
232,878.68
3,313.68
1,252,431.48
324,228.94
928,202.54
706,361.34
221,841.20
170,678 86
745,152.91
-
915,831.77
739,505.25
176,326.52
-
176,326.52
49,292.24
753.77
-
50,046.01
198.43
49,847.58
-
49,847 58
_
20,000.00
20,000.00
-
20,000.00
29,353,009.45
2,646,637.00
82,970.93
32,082,617.38
4,062,943.51
28,019,673.87
26,682,213.77
1337,460.10
59,410.27
1,292.80
1,911,028 88
63,643.75
1,847,385.13
1,906,795.40
1,309,691.89
600,044.19
30,662,701.34
3,246,681.19
84,263.73
33,993,646.26
4,126,587.26
29,867,059.00
28,589,009.17
1,278,049.83
3
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This report is submitted as true and correct to Commissioners Court by
, Brazos County Treasurer,
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