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HomeMy WebLinkAbout1999-01-05-0900AM-Regularl FILED 98 DEC 31 AM 10' 09 • Al, , ~ CLEO BRAZOS COUNTY BRAZOe tMOUSE onto BRYAN. TEXAS 9Y OF.?Utr AGENDA BRAZOS COUNTY COMMISSIONERS COURT MEETING k THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, JANUARY S, 1999 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation - Commissioner Cauley. 2. Pledge of Allegiance - Commissioner Cauley. 3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens wishing to address the Court on county-related issues not scheduled on the agenda. Please limit subject matter to five minutes. The Commissioners will receive the information, conduct research into the matter, and/or place the matter on a future agenda for discussion. (A recording is made of the meeting; therefore, please give your name and address for the record.) Consider and take action on agenda items 4 - 16: 4. Budget Amendment 98/99-7. 5. Personnel Change of Status. 6. Payment of Claims. 7. Addendum to Administrative Services Agreement with Employee Benefit Services. 8. Request by County Extension Agent for out-of-state travel to Little Rock, Arkansas, February 17-20, 1999, to attend the Southern Region Officers Workshop. 9. Appointment of a County Court at Law judge to serve on the Brazos County Bail Bond Board. 10. Posting of speed limits on Hardy Weedon Road located in Precinct 3. 11. Application for Military Service Credit by a County employee. C 13. Requisitions for Replacement Computers from Capital Projects Fund: a. Scanner for Road & Bridge Department b. Computer and monitor for stock- 12. Bank Depository Contracts with the following financial institutions: a. Compass Bank b. First Federal Savings Bank c. First National Bank Commissioners Court Mating Agenda January 5, 1999 Page Two 14. Award the following Bid and Requisition: a. Bid No. 99-029 - ADA Compliant Elevator for Annex Building 15. Requisitions from Capital Projects Fund for. a. HP 12 Port Hub for Justice of the Peace, Precinct 6 b. Two cameras for Sheriffs Office 16. Approval of the November, 1998 Treasurer's Report. 17. Report from the County Auditor regarding the release of Official Bonds for Justices of the Peace whose terms are expiring. 18. Announcement of interest items and possible future agenda topics. 19. Call for citizen input and/or concerns. 20. Adjourn. n 1 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. I i 1 COMMISSIONERS' COURT REGULAR MEETING JANUARY 5, 1999 • 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, January 5, 1999, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Wm. S. Thornton, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. Attached is a list of the citizens and officials in attendance. Commissioner Cauley gave the invocation and led the 1 pledge of allegiance. • There was no citizen input and/or concerns. The Court next considered Budget Amendment #98/99-7.1 ' through 7.3, which would transfer funds from DA Crime Fund to Capital Improvements Fund, from Contingency to Court Support Costs; and reallocate funds for the Sheriff's Office. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. • vU Q 67i Commissioners Court meeting January 5, 1999 2 The Court proceeded to consider the change of status of the following employees. NAME Carroll, Deborah Ruffino, Carolyn L Smith, Steven L Sylvester, M Wilkey, Karen Goff, Christina Smith, Steven L Michel, C. Randal Webb, Becky Tigerina, Sara Newhouse, Valinda Ryan, Sarah Davis, Richard WB Horn, Mary C Gorney, Linda A Cain, Ervin L Dotson, Linda Kay Hensarling, C Meece, C. Patrick Quintero, Ramiro Soares, Ida O'Cana Funicelli, C Mitchell, Della L Wilder, Jason E Suel, Christopher Whatley, Darlene A Blondeau, Charles McDermott, C Schrader, Lisa Toliver, Alfred L DEPARTMENT 361st Dist Court 361st Dist Court 361st Dist Court 361st Dist Court 361st Dist Court 361st Dist Court Co Court at Law I Co Court at Law I Co Court at Law I Co Court at Law I Co Court at Law I Co Court at Law II Co Court at Law II JP 2 JP 2 JP 2 JP 2 JP 4 JP 4 JP 5 JP 5 SO-Jail SO-Jail SO-Jail SO-Jail SO-Jail Constable Pct 4 Constable Pct 4 Ag Extension Road & Bridge REASON Position Ended Term Ended Newly Elected Resignation Tran frm CCL$I Tran frm CCL$I Term Ended Newly Elected Resignation Tran frm 361st New Employee Term Ended Newly Elected Term Ended Termination Newly Elected New Employee Term Ended Newly Elected Newly Elected New Employee Resignation New Employee Resignation Tran in Dept Resignation Retirement New Employee Resignation Position Ended Commissioner Cauley moved to approve the changes as submitted. Commissioner Sims seconded the motion. The County Judge then asked them to amend their motion and second to exclude Christopher McDermott from consideration and to act on him separately. Commissioners Cauley and Sims amended their motion and second to approve all but McDermott. The motion carried unanimously. The County Judge then moved to reject the change of status for Christopher McDermott based on a discussion at budget, time to delete the position after the current employee retired. The motion died for lack of a second. Commissioner Sims then moved to approve the change of status of Christopher McDermott. The motion was seconded by Commissioner Jones. Commissioners Jones, Thornton, Sims and Cauley voted "Aye". The County Judge voted "No". The motion carried. i V0L1_J_E,_PAGR,' 57-2-z Commissioners Court meeting January 5, 1999 The Court next considered the following Claims as i submitted by the County Treasurer for payment: • 99-002603 through 99-002870 On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was an Addendum to Administrative Services Agreement with Employee Benefit Services. The only change is the Excess Loss Underwriter has been revised to reflect Southland Life (MGU-ING Medical Risk Solutions). On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the Addendum to the Administrative Services Agreement with Employee Benefit Services. The next matter for consideration by the Court was a request submitted by the County Extension Agent seeking • approval for out of state travel for himself. Mr. Hunter would be traveling to Little Rock, Arkansas to attend the Southern Region Officers Workshop February 17 through the 20, 1999. Mr. Hunter will be representing the Texas County Agricultural Agents Association of which he is the president. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the County Extension Agent and approved payment of out of state travel expense for Mr. C. Jack Hunter. The County next considered the appointment of a County Court at Law Judge to serve on the Brazos County Bail Bond Board. On motion by Commissioner Jones, seconded by is Commissioner Cauley, the Court voted unanimously to appoint Judge Randy Michel to the Bail Bond Board. The next matter for consideration was the posting of speed limits on Hardy Weedon Road located in Precinct 3. In a Public Hearing held December 22, 1998 at 10:30 a.m. it was recommended to take the findings of the speed study and set the speed limit at 45 mph along the entire length of the road. Commissioners Court meeting January 5, 1999 4 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to set the speed limit along the entire length of Hardy Weedon Road at 45 mph. The next matter for consideration was an application made by John Daniel German for military service credit with the Texas County & District Retirement System. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to forward the application of John Daniel German to the Texas County and District Retirement System along with his check for Three Hundred Forty Five Dollars ($345.00) which represents his contribution for the months of military service for which he seeks credit. The Court next considered Bank Depository Contracts with the following banks: Compass Bank First Federal Savings Bank First National Bank These Contracts are for the District Clerk's office. On motion by Commissioner Sims, seconded by Commissioner Jones, the Court voted unanimously to approve the Bank Depository Contracts. A copy of each is attached hereto. The Court next considered approval of requisitions from the Capital Projects Fund for the following purchases: a) Scanner for Road & Bridge Department $226.00 b) Computer and monitor for stock $3,342.00 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the requisitions to be paid from Capital Projects Fund. The Court next considered awarding the following bid and the requisition for payment: VaL.....~ g- G Any,. M 1 1 • • • Commissioners Court meeting January 5, 1999 5 No. 99-029, ADA Compliant Elevator for the Annex John Hachmann, Purchasing Agent, recommended acceptance of the bid submitted by Elevator Parts of Texas. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Elevator Parts of Texas and approve payment of the requisition The elevator will be added to the outside of the building and the enclosure will be done inhouse. A copy of the bid tabulation is attached. The Court next considered approval of requisitions from the Capital Projects Fund for the following purchases: a) HP 12 port Hub for Justice of the Peace Pct. 6 $375.00 b) Two (2) cameras for the Sheriff's office $884.00 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the requisitions to be paid from Capital Projects Fund. The Court received, approved and ordered filed as submitted the Treasurer's report for November 1998. A copy of which is attached to and made a part of these minutes. The Court next heard a report from the County Auditor concerning the release of Official Bonds for Justices of the Peace whose terms are expiring. He recommended retaining the Bonds of Justice of the Peace, Precinct 1 and Precinct 7 Place 2 and releasing the bonds of Justices of the Peace Precinct 2, 4, and 5. This will be placed on the Commissioners Court agenda for the January 12, 1999 meeting. The County Judge made the following comments: 1) January 19, 1999 is the inauguration of the Governor so there will be no Commissioners Court meeting that week. 2) He met with Fred Forsthoff and Ed McKenzy concerning the Y2K problems. A check list is being prepared for elected officials to act on. A workshop will be held to review the list. 3) He received a memo from the Auditor concerning coding worktime for employees. Department heads need to check into this matter. Commissioners Court meeting January 5, 1999 6 4) He received a request from Greg Petry, Director 9-1-1, requesting that the Court appoint a member to the Board of Directors. The matter will be on the agenda of the next Commissioners Court meeting. 5) He received a memo from Air Born Express requesting approval to install drop box for Courthouse use. 6) There will be a workshop conducted on January 12, 1999 on jail expansion. The workshop for tobacco settlement distribution will be held at 5:00 p.m. on that same date. 7) He met with the Auditor concerning hiring new employees and allowing them to go to work prior to the Commissioners Court meeting. 8) The Legislature is to begin its session in Austin. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. VOL I S t"I r. -.LUI-ah i i i 7 The foregoing minutes of the Commissioners Court meeting • r~ held January 5, 1999 have been examined and are approved in open Court this the 2A=,C day of 19, in Bryan, Brazos County, Texas. al-a~ Alvin W. Jones County Judge Wm. T. Thorn on Commissioner, Precinct No. 2 grey Ca ey, Jr. Commissi ner, Precinc No. 4 T J Commi sioner, Precinct No. 1 A4 Randy ms Commi sioner, Precinct No. 3 ary Afift Ward County Clerk 101 BRAZOS COUNTY COMMISSIONERS/ MEETING ON AT A.M.49w*► 4 i A i ~M. in, ~ liV e G Sat eJ i(. ,444u- (Z C. f1 a S' f v 'IVLA:~ PrA A4 pa M,TntnE 11-1 rr Int r'Clx.a- . ~CC cs ~ - t 57 P LVA Lot- nn ~PA CL~Lidicd~ 2, / a I r • • 0 BRAZOS COUNTY COMMISSIONERS/ MEETING ON jt4 N .6', l 9 q 9 AT a A.H./J;t. ODT11T MALL ^VPAWTVATTAV I PA►/DAVTV I I%TTT70V BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1998-1999 BUDGET YEAR NO. 98/99 07.1 through 07.3 On this the 5th day of January 1999 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 January 5, 1999 the Court heard and approved a budget amendment for the 1998-1999 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 1, 1998 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 5th day of January 1999. 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 VQL s PAUR o ,----1 I V i v . 1 i a • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 98/99-7.1 1i5i9V 01 0 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 45 630005 808900 190099 Dr. Vehicles 3,690.00 45 490230 Cr. Transfer fm DA Crime F 3,690.00 Capital Improvements Fund To increase the Vehicle budget for the amount over the purchase rice of the vehicle ordered by the DA which has been reimbursed by the DA Crime Fund. VOL. PAGE IS/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 98/99-7.2 i/a/ FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 110100 616200 Court Support Costs - Dr. Subscriptions $ 16.000.00 01 110015 611300 Cr. Contingency $ 16.000.00 To provide budgetary funding for the West Group contract approved b Commissioners' Court 12/22/98. Monetary needs supported by the attached financial analysis. • al r* eil'B}• _ • rrr~'Z -ppruti Cf, "_)~•.•~l/,o.e- - CP r epar: a~,c,~,~,-~ ° .CIS' ~ •t.,a„ ~e..s9,,,d,,,r,,r~ • • ~J BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 98/99-7.3 1/5/98 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 280001 802810 Dr. E ui ment-Electronic $ 900.00 • 01 280001 614500 Cr. Miscellaneous-Expense $ 900.00 To amend the existing budget by allocating existing budget funds from the Miscellaneous Ex nsi Account to Electronic E ui ment. Funds to be used to replace ui meat stolen. L-a arec~;~y:'r Lr `ppo"a?$y ;,t ,1 r i:: r:: aeLL~4r,Yl.atylra"'~ i•i:.• l~Gy~}•~f/q~`ai~S1G~[ 0•.lor=/"9nd Am*" THIS DEPOSITORY CONTRACT is made and entered into on the date last herein written by and between the DISTRICT CLERK OF BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR," and COMPASS BANK, an Alabama state bank, authorized by law to do banking business in Bryan, Texas, and now conducting such business in said Bryan, Texas, hereinafter called "BANK." , DEPOSITOR through action of its' Commissioners Court, hereby designates BANK as a depository for the period beginning December 1, 1998 for a term of six months (herein the Initial Term) with an option to renew for another two years, not to extend beyond May 31, 2001, on the same terms and conditions as set forth herein for the Initial Term. This contract is to cover all accounts and funds held in the Registry of the District Clerk of Brazos County for the Courts of Brazos County by the DEPOSITOR and placed on deposit with BANK. W During the term of this depository contract, the DEPOSITOR will, through appropriate action of its Commissioners Court, designate the officer, or officers, who singly or jointly will be authorized to represent and act on behalf of the DEPOSITOR in any and all matters of every kind arising under this Depository Contract and to (1) execute and deliver to the BANK funds or fund transfer agreements (and any addenda thereto), (2) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for payment or transfers on behalf of the DEPOSITOR in accordance with the electronic funds or fund transfer agreement and addenda and (3) make withdrawals or transfers by written instrument. III BANK's application for Depository Contract is incorporated and made part of this contract for all purposes; however, to the extent that any provision therein conflicts with any provision herein, this Depository Contract will control. IV DEPOSITOR may arrange for time deposits and BANK may accept and hold such deposits subject to payment in accordance with the terms of the deposit. In the event funds for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITORY account froth which funds were withdrawn to establish the time deposit. Interest shall be calculated at the prevailing rates established from time to time by BANK for similar deposits. Time deposit maturities will not extend beyond the termination of this Agreement without the express consent of the BANK. • All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by collateral as provided for in the Public Fund Collateral Act. Texas Government Code, Chapter 2257. The total of the market value of the collateral (plus accrued interest or income to the extent it is not included in such market value obtained as provided herein) securing such deposits will be in an amount at least equal to the amount of such deposits increased by the amount of any accrued interest and reduced to the extent that such deposits are insured by an agency or instrumentality of the United States government. The market value with respect to any securities (collateral) as of any date and priced on such date will be obtained from a primary dealer. BANK must receive notification of new deposits prior to 10:30 A.M. on the day deposits are actually received. Twenty-four (24) hours notice is necessary on deposits totaling in excess of $1,000,000 during any banking business day. In no event shall the amount of DEPOSITOR funds on deposit with BANK pursuant to this depository contract exceed one million dollars without prior written consent of BANK. However, failure to give such notice does not excuse the BANK from properly securing these deposits in accordance with this agreement and the Public Fund Collateral Act within one (10) business day of the deposit. The Commissioners Court and/or its designated representative has the authority to reject any collateral offered by BANK which is not deemed to be allowed under the Public Fund Collateral Act or which is deemed to be of high security risk. is VI BANK has heretofore or will immediately hereafter deliver to the Federal Reserve Bank of Dallas, Texas (hereinafter "CUSTODIAN"), collateral of the kind and character above mentioned of sufficient amount and market value to provide adequate collateral for the funds of DEPOSITOR deposited with BANK. Said collateral or substitute collateral, as herein provided for, will be kept and retained by CUSTODIAN in trust so long as the depository relationship between DEPOSITOR and BANK shall exist hereunder, and thereafter so long as the deposits made by DEPOSITOR with BANK hereunder, or any portion thereof, shall have not been properly paid out by BANK to DEPOSITOR or on its order. The agreement of the parties to place the collateral with the CUSTODIAN is attached hereto as Exhibit "D" and made a part hereof for all purposes. VII Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher lawfully drawn against any deposit and the interest on such deposits, or in case BANK becomes insolvent or in any manner breaches its contract with DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency or breach to BANK, and BANK shall have three (3) business days to cure such failure, insolvency or breach. In the event that BANK shall fail to cure such failure, insolvency or breach within three (3) business days, the parties hereto authorize the CUSTODIAN to surrender to the ~mob WNEWMas, • Commissioners Court in and for the DEPOSITOR the collateral being held by the CUSTODIAN upon receipt of a certificate whereby the DEPOSITOR, through its authorized representative, certifies that BANK has failed to perform its obligations under this contract, has otherwise breached this contract or has become insolvent. The BANK agrees and hereby instructs the CUSTODIAN that a copy of this agreement attached to the certificate(s) shall serve as the BANK's consent and approval for the CUSTODIAN to sell and/or convert the collateral to the use of the DEPOSITOR. The BANK agrees and is bound to provide any other approvals or consents the CUSTODIAN may require in order to release the collateral for DEPOSITOR's use. The parties further agree that the DEPOSITOR may seek an order or declaration or order of a court of lawful jurisdiction in the event that the BANK does not comply with this provision or in the event the CUSTODIAN refuses to surrender the collateral to the Commissioners Court, with all costs and attorney's fees incurred by DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it, together with all expenses of any and every kind incurred by it on account of such failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said proceeds or collateral remaining unsold. VIII Any sale of such collateral, or any part thereof, made by DEPOSITOR or the CUSTODIAN, as appropriate, hereunder may be either at public or private sale; provided, it shall give both the DEPOSITOR, if the sale is made by the CUSTODIAN, and BANK ten (10) days notice of the time and place where such sale shall take place, and such sale shall be to the highest bidder therefore for cash. BANK shall not have the right to bid at such sale. IX If BANK shall desire to sell or otherwise dispose of any one or more of said securities pledged as collateral and deposited with the CUSTODIAN, it may substitute for any one or more of such securities other securities of the same or greater market value and of the character authorized herein and by the Public Funds Collateral Act. Such right of substitution shall remain in full force and may be exercised by BANK as often as it may desire; provided, however, that the aggregate market value of all collateral pledged hereunder, shall be at least equal to the amount of collateral required hereunder and by the Public Funds Collateral Act and other applicable law. If at any time the aggregate market value of such collateral so deposited with CUSTODIAN be less than the total sum of the DEPOSITOR's funds on deposit with said BANK, BANK shall immediately deposit with CUSTODIAN such additional collateral as may be necessary to cause the market value of such collateral to equal the total amount of required collateral. BANK shall be entitled to income on securities held by CUSTODIAN, unless there is insuf{icient collateral on deposit with the VC)L..Lg~-3 AGM 59/o a 0 1 1 CUSTODIAN to cover the public funds as required by law at the time the request is made. Approval of the DEPOSITOR will be required in all circumstances and if the collateral deficiency is not cured and the DEPOSITOR's consent is not given (in writing), the income becomes collateral for public funds to the extent of the collateral deficiency. The consent of the DEPOSITOR must be obtained for a security to be released as collateral. Before a security is released from collateral that is to be replaced, the BANK must present to the DEPOSITOR the replacement collateral that is being offered, and the DEPOSITOR must accept such replacement. X if at any time the collateral in the hands of the CUSTODIAN shall have a market value in excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may authorize the withdrawal of a specified amount of collateral by the BANK based on a written request from the BANK to the Commissioners Court. BANK shall have the right at any time and from time to time to substitute new collateral for collateral being held by TRUSTEE, provided that BANK provides evidence reasonably satisfactory to the TRUSTEE that sufficient collateral will remain after such substitution to satisfy the requirements of this depository contract and the Public Funds Collateral Act. XI • Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the expiration date by providing advanced written notice to the other party of its election to do so, and this agreement shall be void from and after the expiration of ninety (90) days after the receipt of such notice, provided all provisions of this agreement have been fulfilled. XII Ninety (90) days prior to the expiration date of the Initial Tenn, either party wishing to exercise its option to renew the contract for an additional two (2) year term (the Option Period), mush deliver written notice exercising such option to the non-exercising party as referred in Article XVI herein. Vti 16-4 1infi,•• - XM When the relationship of DEPOSITOR and BANK shall have ceased to exist between DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of DEPOSITOR. it shall be the duty of the District Clerk to issue a certificate to that effect to the BANK, the County Treasurer, and the Commissioners Court, and, if all obligations under this agreement and applicable law have been fulfilled, Commissioners Court will issue written authorization to the CUSTODIAN to deliver all collateral being held in the possession of the CUSTODIAN to the BANK. XIV This contract is subject to. and incorporates, the current laws governing the relationships between counties, depositories and custodians/trustees and related entities as established by the Texas Government Code and any amendments or revisions thereto. BANK warrants and represents that it shall comply with all applicable laws, rules and regulations which govern or apply to BANK in connection with this contract. BANK further warrants that in the event that it is aware of any violation by BANK of applicable laws, rules and regulations, it will bring the event to the attention of the CUSTODIAN and the DEPOSITOR immediately and in writing within three (3) business days. XV The BANK will provide the District Clerk the gross interest rate factor on a daily basis if the Trust Cash Management Account is used. All instructions for withdrawals will be in writing from the District Clerk or his agent, as set out in paragraph II, and verified verbally by the BANK This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising out of or related to this contract, or out of any disputes between the parties concerning this subject matter of this contract or arising out of the violation or application of any law goveming the subject matter of this agreement (including but not limited to the Public Funds Collateral Act, Texas Government Code, Chapter 2257) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS. VO i s s arm, SM L..4 •n__e rn.. •_1~_~.~li ...l~~r~ ~a..1r~a .wL+..~rw_-~....r nlJaW - .../aaa ~../.4 La _..r..e ._w ~ A? • XVI All notices, demands, or other writings may be delivered by any party hereto to the other, by United States Mail or other reliable courier at the following addresses: DEPOSITOR: District Clerk Brazos County, Texas 300 East 2611 Street, Suite 216 Bryan, Texas 77803 WITH COPIES TO: County Judge Brazos County, Texas 300 East 2611 Street, Suite 114 Bryan, Texas 77803 BANK: City President Compass Bank 2405 Texas Ave. South College Station, Texas 77840 The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party to the other two parties as above provided. XVII • BANK represents that the collateral pledged to DEPOSITOR is not otherwise assigned, pledged or encumbered and that no lien, or security interests exist other than the security interest held by the DEPOSITOR pursuant to this agreement. Possession of the collateral by the CUSTODIAN is intended as perfection of DEPOSITOR's security interest therein. BANK warrants that the collateral (in the form and amount required by law) is held by CUSTODIAN for the benefit of DEPOSITOR and as security for DEPOSITOR's funds. The Commissioners Court shall deliver to BANK within five (5) working days from the date of execution of this agreement, a list of those individuals authorized to act on behalf of the District Clerk in regard to the matters stated herein. V0L 5- 6 FAQ 181- t f The BANK shall deliver to the Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its' Board of Directors approving this contract and the execution thereof. The BANK shall deliver to Commissioners Court on the date of execution hereof, an executed Collateral Agreement as set forth on Exhibit "A". The BANK shall deliver to Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its' Board of Directors indicating the authority of an individual(s) to pledge collateral on behalf of the BANK M EXECUTED this l y, day of December, 1998 by the undersigned duly authorized officers of the parties hereto. COMPAS BANK By: Name: Title: ri" Pc~s,c,ewr Date: Lt _ l 9 q$_ BRAZOS COUNTY, TEXAS By: 64-- Al Jones, s County Judge Date: E 11ANK DEPOSITORY CONTRACT lJ THIS DEPOSITORY CONTRACT is made and entered into on the date last herein written by and between the DISTRICT CLERK OF BRAZOS COUNTY, TEXAS herein after called "DEPOSITOR," and FIRST FEDERAL SAYINGS BANK a ~6~ C 4 2Lx utrtN organized under the laws of the United States and authorized by law to do banking business in Bryan, Texas, and now conducting such business in said Bryan, Texas, hereinafter called `.BANK." DEPOSITOR through action of its' Commissioners Court, hereby designates BANK as a depository for the period beginning JAN 199 9for a term of two years (herein the Initial Term) with an option to renew for another two years, not to extend beyond May 31, 2001, on the same terms and conditions as set forth herein for the Initial Tetra. This contract is to cover all accounts and funds held in the Registry of the District Clerk of Brazos County for the Courts of Brazos County by the DEPOSITOR and placed on deposit with BANK. II During the term of this depository contract, the DEPOSITOR will, through appropriate action of its Commissioners Court, designate the officer, or officers, who singly or jointly will be authorized to represent and act on behalf of the DEPOSITOR in any and all matters of every kind arising under this Depository Contract and to (1) execute and deliver to the BANK funds or fund transfer agreements (and any addenda thereto), (2) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for payment or transfers on behalf of tkp DEPOSITOR in accordance with the electronic funds or fund transfer agreement and Itiddenda and (3) make withdrawals or transfers by written instrument. III BANK's application for Depository Contract is incorporated and made part of this contract for all purposes; however, to the extent that any provision therein conflicts with any provision herein, this Depository Contract will control. IV DEPOSITOR may arrange for time deposits, and BANK may accept and hold such deposits subject to payment in accordance with the terms of the deposit. In the event funds for a time - deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITOR' account from which funds were withdrawn to establish the time deposit. Interest shall be calculated at the prevailing rates established from time to time by BANK for similar deposits. Time deposit maturities will not extend beyond the termination of this Agreement without the expressed consent of the BANK. VOL 1-5--.:.,PArAk 12 /lawn& C7 % f. All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by collateral as provided for in the Public Fund Collateral Act. Texas Government Code, Chapter 2257. The total of the market value of the collateral (plus accrued interest or income to the extent it is not included in such market value obtained as provided herein) securing such deposits will be in an amount at least equal to the amount of such deposits increased by the amount of any accrued interest and reduced to the extent that such deposits are insured by an agency or instrumentality of the United States government. The market value with respect to any securities (collateral) as of any date and priced on such date will be obtained from a primary dealer. BANK must receive notification of new deposits prior to 10:30 A.M. on the day deposits are actually received. Twenty-four (24) hours notice is necessary on deposits totaling in excess of $1,000,000 during any banking business day. In no event shall the amount of DEPOSITOR funds on deposit with BANK pursuant to this depository contract exceed one million dollars without prior written consent of BANK. However, failure to give such notice does not excuse the BANK from properly securing these deposits in accordance with this agreement and the Public Fund Collateral Act within one (1) business day of the deposit. The Commissioners Court and/or its designated representative has the authority to reject any collateral offered by BANK which is not deemed to be allowed under the Public Fund Collateral Act or which is deemed to be of high security risk. • VI BANK I= heretofore or will immediately hereafter deliver to the Federal Reserve Bank of Dallas, Texas (hereinafter "CUSTODIAN'), collateral of the kind and character above mentioned of sufficient amount and market value to provide adequate collateral for the funds of • DEPOSITOR deposited with BANK Said collateral or substitute collateral, as herein provided for, will be kept and retained by CUSTODIAN in trust so long as the depository relationship between DEPOSITOR and BANK shall exist hereunder, and thereafter so long as deposits made by DEPOSITOR with BANK hereunder, or any portion thereof. shall have not been properly paid out by BANK to DEPOSITOR or -on its order. The agreement. of the .parties to place the. collateral with the CUSTODIAN is attached hereto as Exhibit "D" and made a part hereof for all purposes. VII Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher lawfully drawn against any deposit and the interest on such deposits, or in case BANK becomes insolvent or in any manner breaches its contract with DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency or breach to BANK, and BANK shall have three (3) business days to cure such failure, insolvency or breach. In the event that BANK shall fail to cure such failure, insolvency or breach within three (3) business days, the parties hereto authorize the CUSTODIAN to surrender to the Commissioners Court in and for the DEPOSITOR the collateral being held by the CUSTODIAN upon receipt of a certificate whereby the DEPOSITOR, through its authorized representative, certifies that BANK has failed to perform { 1 t ' 1 t t VII (continued) • its obligations under this contract, has otherwise breached this contract or has become insolvent. The BANK agrees and hereby instructs the CUSTODIAN that a copy of this agreement attached to the certificate(s) shall serve as the BANK's consent and approval for the CUSTODIAN to sell and/or convert the collateral to the use of the DEPOSITOR. The BANK agrees and is bound to provide any other approvals or consents the CUSTODIAN may require in order to release the collateral for DEPOSITOR's use. The parties further agree that the DEPOSITOR may seek an order or declaration or order of a court of lawful jurisdiction in the event that the BANK does not comply with this provision or in the event the CUSTODIAN refuses to surrender the collateral to the Commissioners Court, with all costs and attorney's fees incurred by DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it, together with all expenses of any and every kind incurred by it on account of such failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said proceeds or collateral remaining unsold. Vlll Any sale of such collateral, or any part thereof, made by DEPOSITOR or the CUSTODIAN, as • appropriate, hereunder may be either at public or private sale; provided, it shall give both the DEPOSITOR, if tire sale is made by the CUSTODIAN, and BANK ten (10) days notice of the time and place where such sale shall take place, and such sale shall be to the highest bidder therefor for cash. BANK shall not have the right to bid at such sale. IX If BANK shall desire to sell or otherwise dispose of any one or more of said securities pledged as collateral and deposited with the CUSTODIAN, it may substitute for any one or more of such securities other securities of the same or greater market value and of the character authorized • htrein and by the Public Funds Collateral Act. Such right of substitution shall remain in full force and may be exercised by BANK as often as it may desire; provided, however, that the aggregate market value of all collateral pledged hereunder, shall be at least equal to the amount of collateral required hereunder and by the Public Funds Collateral Act and other applicable law. If at any time the aggregate market value of such collateral so deposited with CUSTODIAN be less than the total sum of the DEPOSITOR's funds on deposit with said BANK, BANK shall immediately deposit with CUSTODIAN such additional collateral as may be necessary to cause the market value of such collateral to equal the total amount of required collateral. BANK shall be entitled to income on securities held by CUSTODIAN, unless there is insufficient collateral on deposit with the CUSTODIAN to cover the public funds as required by law at the time the request is made. Approval of the DEPOSITOR will be required in all circumstances and if the collateral deficiency is not cured and the DEPOSITOR's consent is not given (in writing), the income becomes collateral for public funds to the extent of the collateral deficiency. The consent of the DEPOSITOR must be obtained for a security to be released as collateral. Before a security is released from collateral that is to be replaced, the BANK must present to the DEPOSITOR the replacement collateral that is being offered, and the DEPOSITOR trust accept such replacement. 3 VOL- 6- .LL ~L~AGL -3 0 X If at any time the collateral in the hands of the CUSTODIAN shall have a market value in excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may authorize the withdrawal of a specified amount of collateral by the BANK based on a written request from the BANK to the Commissioners Court. BANK shall have the right at any time and from time to time to substitute new collateral for collateral being held by TRUSTEE, provided that BANK provides evidence reasonably satisfactory to the TRUSTEE that sufficient collateral will remain after such substitution to satisfy the requirements of this depository contrac: and the Public Funds Collateral Act. XI Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the expiration date by providing advanced written notice to the other party of its election to do so, and this agreement shall be void from and after the expiration of ninety (90) days after the receipt of such notice, provided all provisions of this agreement have been fulfilled. XII Ninety (90) days prior to the expiration date of the Initial Term, either party wishing to exercise its option to renew the contract for an additional two (2) year term (the Option Period), must deliver written notice exercising such option to the non-exercising party as referred in Article XVI herein. XIII %Khen the relationship of DEPOSITOR and BANK shall have ceased to exist between DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of DEPOSITOR, it shall be the duty of the District Clerk to issue a certificate to that effect to the BANK, the County Treasurer, and the Commissioners Court, and, if all obligations under this agreement and applicable law have been fulfilled, Commissioners Court will issue written authorization to the CUSTODIAN to deliver all collateral being held in the possession of the CUSTODIAN to the BANK. XIV This contract is subject io; and incorporates, the current laws governing the relationships between counties, depositories and custodians/trustees and related entities as established by the Texas Local Government Code and the Texas Government Code and any amendments or revisions thereto. BANK warrants and represents that it shall comply with all applicable laws, rules and regulations which govem or apply to BANK in connection with this contract. BANK further warrants that in the event that it is aware of any violation by BANK of applicable laws, rules and regulations, it will bring the event to the attention of the CUSTODIAN and the DEPOSITOR immediately and in writing within three'(3) business days. VO / -P W% , , i I, , i XV • XVI All notices, demands, or other writings may be delivered by any party hereto to the other, by United States Mail or other reliable courier at the following addresses: DEPOSITOR: District Clerk Brazos County, Texas 300 East 26th Street, Suite 216 Bryan, Texas 77803 The BANK will provide the District Clerk the gross interest rate factor on a daily basis if the Trust Cash Mana$cmcnt Account is used. All instructions for withdrawals will be in writing from the District Clerk or his agent, as set out in paragraph 11, and verified verbally by the BANK. This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising out of or related to this contract, or out of any disputes between the parties concerning the subject matter of this contract or arising out of the violation or application of --ny law governing the subject matter of this agreement (including but not limited to the Public Funds Collateral Act, Texas Government Code, Chapter 2257) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS. WITH COPIES TO: it BANK: County Judge Brazos County, Texas 300 East 26th Street, Suite 114 Bryan, Texas 77803 FIRST FEDERAL SAVINGS BANK P 0 BOX 3758 BRYAN, TX 77805 The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party to the other two parties as above provided. XVII BANK represents that the collateral pledged to DEPOSITOR is not other wise assigned, pledged or encumbered and that no lien, or security interests exist other than the security interest held by the DEPOSITOR pursuant to this agreement. Possession of the collateral by the CUSTODIAN is intended as perfection of DEPOSITOR's security interest therein. BANK warrants that the collateral (in the form and amount required by law) is held by CUSTODIAN for the benefit of DEPOSITOR and as security for DEPOSITOR's funds. r~ u XVII (continued) The Commissioners Court shall deliver to BANK within five (S) working days from the date of execution of this agreement, a list of those individuals authorized to act on behalf of the District Clerk in regard. to the matters stated herein. The BANK shall deliver to the Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its' Board of Directors approving this contract and the execution thereof. The BANK shall deliver to Commissioners Court on the date of execution hereof, an executed Collateral Agreement an set forth on Exhibit "D". The BANK shall deliver to Commissioners Court on tite date of execution hereof a Certified Corporate Resolution of its' Board of Directors indicating the authority of an individual(s) to pledge collateral on behalf of the BANK. EXECUTED this 19TH day of NOV , 199 8 by the undersigned duly authorized officers of the parties hereto. FIRST FEDERAL SAVINGS BANK BRAZOS COUNTY, TEXAS h AI Jones, Brazos ounty Judge Name: mARY L. HEGAR Date: Title: SR. VF Date: NOV 19 1998 VOL 3 to BANK DEPOSITORY CONTRACT 0 THIS DEPOSITORY CONTRACT is made and entered into on the date last herein written by and between BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR", and TIME FIRST NATIONAL BANK OF BRYAN, a National banking association, organized under the laws of the United States and authorized by law to do banking business in BRAZOS COUNTY, Texas, and now conducting such business in said BRAZOS COUNTY, Texas, hereinafter called "BANK". 1. DEPOSITOR through action of its Commissioners Court hereby designates BANK as a depository for the period beginning DCcCU0,&r c. / 1914 and continuing through N1 W4 1 j9 9 . This contract is to cover all accounts owned by the County and all funds held in trust by the DEPOSITOR and placed on deposit with BANK II. During the term of this depository contract, the DEPOSITOR will, through appropriate action of its Commissioners Court, designate the officer, or officers, who singly or jointly will be authorized to represent and act on behalf of the DEPOSITOR in any and all matters of every kind arising under this Depository Contract and to (1) execute and deliver to the BANK funds or fund transfer agreements (and any addenda thereto), (2) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for payment or transfers on behalf of the DEPOSITOR in accordance with the electronic funds or fund transfer agreement and addenda and (3) make withdrawals or transfers by written instrument. 0 III. DEPOSITOR may arrange for time deposits, and BANK may accept and hold such deposits subject to payment in accordance with the terms of the deposit. In the event funds for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITORYs account from which funds were withdrawn to establish the time deposit. Time deposit maturities will not extend beyond the termination of this Agreement without the expressed consent of the BANK. IV. All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by collateral as provided for in the Public Fund Collateral Act (V.A.TS. Art. 2529d). The total of the market value of the collateral (plus accrued interest or income to the extent it is not included in such market value obtained as provided herein) securing such deposits will be in an amount at least equal to the amount of such deposits increased by the amount of any accrued interest and reduced to the extent that such deposits are insured by an agency or instrumentality of the United States government. The market value with respect to any securities (collateral) as of any date and priced on such date will be obtained from a primary dealer. BANK must receive notification of new deposits prior to 10:30 A.M. on the day deposits are actually received. Twenty-four (24) 0 }s, ^ v hours notice is necessary on deposits totaling in excess of SLOWAW during any banking business day. However, failure to give such notice does not excuse the BANK from properly securing these deposits in accordance with this agreement and the Public Fund Collateral Act within one (1) business day of the deposit. The Commissioners Court and/or its designated representative has the authority to reject any collateral offered by BANK which is not deemed to be allowed under the Public Fund Collateral Act or which is deemed to be of high security risk. V. BANK has heretofore or will immediately hereafter deliver to the County Treasurer (hereinafter designated as "TRUSTEE") or the designated agent of the County Treasurer, collateral of the kind and character above mentioned of sufficient amount and market value to provide adequate collateral for the funds of DEPOSITOR deposited with BANK. Said collateral or substitute collateral, as herein provided for, will be kept and retained by TRUSTEE in trust so long as the depository relationship between DEPOSITOR and BANK shall exist hereunder, and thereafter so long as deposits made by DEPOSITOR with BANK hereunder, or any portion thereof, shall have not been properly paid out by BANK to DEPOSITOR or on its order. V1. Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher lawfully drawn against any deposit and the interest on such deposits, or in case BANK becomes insolvent or in any manner breaches its contract with DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency or breach to BANK, and BANK shall have three (3) business days to cure such failure, insolvency or breach. In the event that BANK shall fail to cure such failure, insolvency or breach within three (3) business days, the parties hereto authorize the TRUSTEE to surrender to the Commissioners Court in and for the DEPOSITOR the collateral being held by the TRUSTEE upon receipt of a certificate whereby the DEPOSITOR, through its authorized representative, certifies that BANK has failed to perform its obligations under this contract, has otherwise breached this contract or has become insolvent. The BANK agrees and hereby instructs the TRUSTEE that a copy of this agreement attached to the certificate(s) shall serve as the BANK's consent and approval for the TRUSTEE to sell and/or convert the collateral to the use of the DEPOSITOR. The BANK agrees and is bound to provide any other approvals or consents the TRUSTEE may require in order to release the collateral for DEPOSITOR's use. The parties further agree that the DEPOSITOR may seek an order or declaration or order of a court of lawful jurisdiction in the event that the BANK does not comply with this provision or in the event the TRUSTEE refuses to surrender the collateral to the Commissioners Court, with all costs and attorney's fees incurred by DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it, together with all expenses of any and every kind incurred by it on account of such failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said proceeds or collateral remaining unsold. VII. Any sale of such collateral, or any part thereof, made by DEPOSITOR hereunder may be either at public or private sale; provided, it shall give both TRUSTEE and BANK ten (10) days notice of the PAC, LOMEL. 91porI&A r 7 i►'►. ,.r ~.7►......r..... ..aia..• ..a..s,..2~.:a,~,Ku:a:.ur....-.`_.titi..,..n..r...,.-=--~r:..Y.:.Y,aii.s►s.l: ~y,,,,Ly.,,.vyy.r..rc• IL 0 time and place where such sale shall take place, and such sale shall be to the highest bidder therefor for cash. DEPOSITOR and BANK shall have the right to bid at such sale. VIII. If Bank shall desire to sell or otherwise dispose of any one or more of said securities pledges as collateral and deposited with the TRUSTEE, it may substitute for any one or more of such securities other securities of the same or greater market value and of the character authorized herein and by the Public Funds Collateral Act. Such right of substitution shall remain in full force and may be exercised by BANK as often as it may desire; provided, however, that the aggregate market value of all collateral pledged hereunder, shall be at least equal to the amount of collateral required hereunder and by the Public Funds Collateral Act and other applicable law. If at any time the aggregate market value of such collateral so deposited with TRUSTEE be less than the total sum of the DEPOSITOR's funds on deposit with said BANK, BANK shall immediately deposit with TRUSTEE such additional collateral as may be necessary to cause the market value of such collateral to equal the total amount of required collateral. BANK shall be entitled to income on securities held by TRUSTEE, unless there is insufficient collateral on deposit with the TRUSTEE to cover the public funds as required by law at the time the request is made. Approval of the DEPOSITOR will be required in all circumstances and if the collateral deficiency is not seasonable cured and the DEPOSITOR's consent is not given (in writing), the income becomes collateral for public funds to the extent of the collateral deficiency. The TRUSTEE's consent as well as the consent of the DEPOSITOR must be obtained for a security to be released as collateral. Before a security is released from collateral that is to be replaced, the BANK must present to the TRUSTEE the replacement collateral that is being offered, and the TRUSTEE must accept such replacement. 0 IX. If at any time the collateral in the hands of the TRUSTEE shall have a market value in excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may authorize the withdrawal of a specified amount of collateral by the TRUSTEE based on a written request from the BANK to the Commissioners Court. X Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the expiration date by providing advanced written notice to the other party of its election to do so, and this agreement shall be void from and after the expiration of ninety (90) days after the receipt of such notice, provided all provisions of this agreement have been fulfilled. XI. When the relationship of DEPOSITOR and BANK shall have ceased to exist between DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of DEPOSITOR< it shall be the duty of the TRUSTEE to issue a certificate to that effect to the BANK and the Commissioners Court, and if all obligations under this agreement and applicable law have been fulfilled, Fr- -7 M { Commissioners Court will issue written authorization to the TRUSTEE to deliver all collateral being held in the possession of the TRUSTEE to the BANK. 0-4 LJ This contract is subject to, and incorporates, the current laws governing the relationships between counties, depositories and custodians/ trustees and related entities as established by the Texas Local Government Code and the VernoWs Annotated Texas Civil Statutes and any amendments or revisions thereto. BANK warrants and represents that it shall comply with all applicable laws, rules and regulations which govern or apply to this contract BANK further warrants that in the event that it is aware of any violation of applicable laws, rules and regulations, it will bring the event to the attention of the TRUSTEE and the DEPOSITOR immediately and in writing within three (3) business days. XIIL This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising out of or related to this contract, or out of any disputes between the parties concerning the subject matter of this contract or arising out of the violation or application of any law governing the subject matter of this agreement (including but not limited to the Public Funds Collateral Act, ArL 2529d) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS. XIV. All notices, demands, or other writings may be delivered by any party hereto to the other, by United States Mail or other reliable courier at the following addresses: DEPOSITOR: Al Jones, County Judge Brazos County, Texas 300 East 261' Street Bryan, Texas 77803 CUSTODIAN OF FUNDS: Marc Hamlin Brazos County, Texas 300 East 261h Street Bryan, Texas 77803 TRUSTEE OF COLLATERAL Brazos County Treasurer Brazos County, Texas 300 East 261h Street Bryan, Texas 77803 BANK THE FIRST NATIONAL BANK OF BRYAN P.O. BOX 833 BRYAN, TEX 010 1VO P&OL " .,e.71.N_.....a.~..< ~sat.~.t_.lcr. r...I.+.r"_r.~Y;1r.i =,us.✓3 •~...'ma~...~_...- _ ~ --ra..:-t~....~.•;1r..x-..~-..:.: asw+.LL.:n:..n.~.i. -----------r...~.:..w - 1 i r • The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party to the other two parties as above provided. XV. BANK represents that the collateral pledged to DEPOSITOR is not other wise assigned, pledged or encumbered and that no lien, or security interests exist other than the security interest held by the DEPOSITOR pursuant to this agreement. Possession of the collateral by the TRUSTEE is intended as perfection of DEPOSITOR's security interest therein. BANK warrants that the collateral (in the form and amount required by law) is held by TRUSTEE for the benefit of DEPOSITOR and as security for DEPOSITOR's funds. The County shall deliver to BANK within five (5) working days from the date of execution of this agreement a list of those individuals authorized to act on behalf of the Court and the Clerks. The BANK shall deliver to County on the date of execution hereof a Certified Corporate Resolution of its Board or Directors approving this contract, the execution thereof and indicating the authority of an individual(s) to pledge collateral on behalf of the BANK EXECUTED this 30th day of November. 1998 by the undersigned duly authorized officers of the parties hereto. 0 0 FOR THE FIRST NATIONAL BANK OF BRYAN BANK MIKE A. HOLMGREEN DATE: November 30,19% (Name) AUde lnr4 Executive Vice President (%Sg ahwe (ride) FOR BRAZOS COUNTY: Alvin W. Jones DATE: I _ S'_ q±~ (NAME) C,.-. f X . C)~~ - , County Judge (S rut ur) (ride) VOL / PAIGE. 60 / 1 :s~ THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, on this day personally appeared Mike A. Holm ereen. Executive We President of The First National Bank of Bryan BANK, known to me the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the The First National Bank BANK a corporation, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the W of November 1998. FQD TAMMY L. BURCH p Moury Pubk Sate of Tan My Commission Eq*u MAY 15.2002 No ry lic, fate of Texas Printed Name: Tammy L. Burch Commission Expires: 5-1Q 5-2002 THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, is day personally appeared of BRAZOS COUNTY, TEXAS knoVm to me the person w se amt- is bscribed to the forgoing instrument, and acknowledged to me that he executed the same as the act and deed of the BRAZOS COUNTY, TEXAS, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the of `;'•t~ BEATRIZ D. GREEN • : MY MMMISSIM P-MRES to of Te I• AZa4ry Publi c6a Printed Name: 2 Commission Expires: a~- if sk A016 6042., ~ i.e. w.,~siu.~ .1.w..-...~.r..w.~.~u. -~~d-.> _•Yi... .i ~ - - a-...A.:-.-...~.atA.+S.L..d':1 ~.~a...c.a, . I ' i { t i- t 0 e14~ BID SUMMARY SHEET ADA COMPLIANT ELEVAT OR_ FOR ANNEX BLDG. Company Name Total Price Elevator Parts of Texas $ 24,950.00 Montgomery Kone Inc $ 44,000.00 Original budgeted amount In 1998 was $35,000.00, which was not carried over to the 1999 budget • These funds will have to come from contingency John Hachmann "AAf" 4 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. (Texas Local Government Code, 114.026) Witness my hand this 5th day of January A.D. 19 99 ary M County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this 5th day of January A.D. 19__21. Alvin Tony J As, Co i oner Precinct #1 William mto ommis 'oner Precinct #2 Randy Si e commissioner Precinct #3 r1d0.. \ AA.. B~_ Cagey Caule Commissioner PyEcincy#4 Treasurer's Report dated: NOVEMBER 1998 01- 1 lf~c_~rt i.., .a+_s.- a.a,..tf~..d ira~....+.wrr.w•..:...~..i.~..w~:......v+::.a.~.,ii.l~-.......ru~w ~r.,i,....< - --..r.3., _J/a .a~rb...u r..aiLaiv.a..i ..hu..:..~it:r.i:s►.. ~t i... _ • • • unv~unrn Anne reel)-nee n,- ecOnor I ^^4c 0 I 0 FUND NAME FUND BALANCE INCOMING INVESTED TEXPOOL SUBTOTAL DISBURSED FUND BALANCE INVESTED ENDING BAL 10131/98 INTEREST - NOV. 11130198 11130198 GENERAL FUND 13,995,005 50 2,465,609 75 41,62766 16,502,242 91 2,293,118 46 14,209,124 45 13,099,75186 1,109,372 59 LAW LIBRARY 64,104 33 5,40591 - 69,510 24 1.33564 68,174 60 - 68,17460 APPELLATE JUDICIAL FUND 6,20884 1.20238 - 7,41122 - 7,411.22 - 7,41112 ALTERNATIVE DISPUTE RESOLUTN 28000 2,52000 - 2,80000 2.80000 - 2,80000 LEOSE FUND 15,056 86 27500 - 15,331.86 2,064 00 13,267 86 - 13,26786 COUNTY RECORDS MANAGEMENT 79,028 49 6.41673 - 85,445.22 - 85,445 22 - 85,445.22 COUNTY CLERK MGMT FUND 128,811.11 5,81544 - 134,626 55 3,83123 130,795 32 - 130,795 32 COURTHOUSE SECURITY FUND 236,735 60 9.41464 - 246.15024 - 246,150 24 - 246,150 24 SPECIAL FORFEITURE FUND 2,22001 1336 - 2.23337 - 2.23337 - 2,233.37 VIT INTEREST FUND 36,845 54 1,04755 11344 38,006.53 - 38,006 53 27,262 72 10,743.81 STATE LATERAL ROAD 76,84511 379 32 57 83 77.282 26 - 77,282 26 13,892.10 63,39016 GEN.PERMANENT IMPV. 4,272,584 04 13,941 70 - 4,286,525 74 15,37166 4,271,154 08 4,170,58313 100,570 95 ROAD 8 BRIDGE PROJECTS 833,043 67 18170 3,354.56 836,579 93 72,559 59 764,020 34 806.214 52 (42,19418) HEALTH DEPARTMENT 299,148 63 93,915 85 - 393,064.48 84,126 98 308,937.50 - 308.93750 VOTER REGISTRATION 33,699 97 15648 33.85645 - 33,856 45 37,609 85 (3,753 40) M.S.J. EXPANSION 7,028,575.37 12,804 68 7,041,380 05 - 7,041,380 05 7,079,17514 (37,795 09) COURTHOUSE IMPROVEMENT 982,379 50 4,242.37 986,62187 16,776 40 969,845 47 1,019,580 20 (49,134 73) RIGHT OF WAY 1,010,483 21 4.24237 1,014,125 58 75,00000 939,725 58 1,019,580 20 (79,854 62) CAPITAL ROADS - R&B 1,010,483 21 4,24237 1,014,725 53 - 1,014,725 58 1,019,580 20 (4,854 62) HEALTH 8 LIFE INSURANCE 1,006,359.18 243,055.46 3,02004 1,252,434.68 112,856 48 1,139,578 20 725,81454 413,76366 PAYROLL 408,428 87 788,29430 - 1,196,72317 1,014,628 47 182,094 70 - 182,094.70 BAIL BOND BOARD FUND 50,993 32 306 98 - 51,300 30 6917 51,231.13 - 51,231.13 COUNTY GRANTS (36,472 51) 110,00713 73,534 62 107,796 72 (34,26210) (34,26210) TTL OF ACCTS.IN POOL : R • x'•.31,640,847.85 3,747,603.20 ' t:;x73,661.80 ''35,362512.85 3,799,534.80 31,562,978.05 29,019,044.46 2,543,933.69 GEN OBLIG DEBT SVC Meg 1,894,27134 ` SuR J 1q' 7,60910 S ' ,f ..5.., 1,902,080 44 W:..Q.yu• • u1 402 517 50 MR w ' 1499,56294 .y, n $ 1,488,237 82 11,32512 Ya:~a`at,4 TOTAL 33,435,119.19 3,747,803.20 81,610.90 37,264,593.29 4,202,052.30 33,062,540.99 30,507,282.28 2.55 5 258.711 Thu report is submitted as true and correct to Commissioners Court b , Brazos County Treasurer, on Zhczi± ~ Ae5 ,1998• A ! i ! 1 I ,f I t i r THIS PAGE LEFT BLANK INTENTIONALLY a. d 1