HomeMy WebLinkAbout2000-05-16-0900AM-Regular01
•I
01
BRAZOS COUNTY
BRYAN. TEXAS
c+{r~ r l i I ? P.1 1: 51
<< J
BY
QEPUiY
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
MAY 16, 2000 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. Call for citizen input and/or concerns.
4. Presentation by the Dispute Resolutions Center Board of Directors.
Consider and take action on agenda items 5 - 22:
5. Budget Amendment 99/00-25.
6. Personnel Changes of Status.
7. Payment of Claims.
8. Tax Increment Financing Agreement with the City of Bryan relative to the proposed golf
course development.
9. Request for funding by the Brazos County Community Council.
10. Application for Qualified Military Service Credit for a county employee.
11. Request by the Big 8 RC&D Council for reimbursement of travel expenses for a
representative to attend the National Association of RC&D Councils in Ogden, Utah, June
18-21, 2000.
12. Authorizing Revisions R-13, R-18, R-22, R-25 and R-26 to the contract with W. M.
Klunkert Construction Company for the Brazos County Detention Center Addition.
13. Blanket Purchase Orders.
14. Requisition for legal advertising of bids with the Bryan-College Station Eagle for the
Purchasing Department.
15. Requisition from Printer Replacement funds for a printer for the Personnel Department.
16. Payment authorization for office furniture to Judge Randy Michel.
1,35
R '
,i ,
Commissioners Court Meeting Agenda
May 16, 2000
Page Two
17. Award of Bid #2000-040 - Brazos Center ACCU-2 Replacement and AHU-2 VSD
installation.
18. Award of Bid #2000-0048 - Asphalt, Oil and Emulsion Products - Annual Contract.
19. Request by Road & Bridge Department for permission to enter James West's property
located off Carrabba Road for the purpose of clearing fence row to create better sight
distance at second curve on Carrabba Road. Site is located in Precinct 3.
20. Request by Road & Bridge Department for permission to enter Eddie Moore's property
located off Windy Ryon Road (in Quarter Horse Ranch Subdivision) for the purpose of
re-shaping, seeding and adding poly jute to roadway ditch to control erosion. Site is
located in Precinct 1.
21. Request from GTE for road bores and parallel cable installation in the right-of-way of
Stagecoach Road (Timbercrest Subdivision) to replace approximately 508 feet of bad
cable. Site is located in Precinct 1.
22. Approval of minutes of the following Commissioners Court meetings:
a. Regular meetings conducted on January 4,2000; January 11, 2000; January 18, 2000
and January 25, 2000.
b. Special meetings conducted on January 4, 2000 and January 6, 2000.
23. Announcement of interest items and possible future agenda topics.
24. Call for citizen input and/or concerns.
25. 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 (979) 361-4102.
~ ~r 3
if0
•
•
• t
COMMISSIONERS' COURT
REGULAR MEETING
MAY 16, 2000
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, May 16, 2000, with the following
members of the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1, Absent;
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.
The attached sheet contains the names of the citizens
and officials that were in attendance.
The County Judge gave the invocation and led the pledge
of allegiance.
There was no citizen input and/or concerns.
The Court was to hear a presentation by the Dispute
Resolutions Center Board of Directors but they notified the
County Judge that they would need to reschedule.
The Court next considered Budget Amendment #99/00-25.1
through 25.3, which would reallocate funds for Constable,
Precinct 4 and Non Departmental and increase revenue for the
Metropolitan Planning Office. 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
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the changes as submitted.
Vol
tl
Page
1
missioners' Court meeting May 16, 2000 .
2
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
20006924 through 20007194
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the Claims as
submitted.
The Court next considered approving a Tax Increment
Financing Agreement with the City of Bryan. The County Judge
called on Patricia Meronoff, who advised the Court of the
following amendments that were not part of the Agreement
before the Court at this time:
1. Agreement with C. J. Jordan for 55 percent
interest in the partnership with the City of Bryan
that controls the distribution of the property
with the City of Bryan having a 44 percent
interest.
2. Agreement that C. F. Jordan will not
participate in residential development in the TIF
3. A change concerning reimbursement to C. F.
Jordan for some expenses.
4. Amendment to include a lien being placed on
the Traditions property to secure the repayment of
a 1 million dollar loan.
Mrs. Meronoff suggested that all of the above agreements had
not been signed and the Court might want to take action on
the Agreement based on the mentioned agreements being
completed. The lien on the Traditions property is not
incorporated in the agreement in any way. If the court
wishes to have its participation conditioned on the lien
being placed on the Traditions property being worked out the
Interlocal Agreement will have to be changed. The County
Judge next called on Tom Coyle with the City of Bryan who
clarified the comments made by Mrs. Meronoff. He requested
the approval of the Interlocal Agreement subject to the
following three conditions:
1. The lot distribution being modified to
reflect 55t to C. J. Jordan and 44$ to the City of
Bryan. o
Vol Page
F
Commissioners' Court meeting May 16, 2000
1
7
01
2. City'to reimburse $100,000 in pre-development
cost to C. F. Jordan Properties.
3. This relates to the Traditions and CCA
Provisions that require the $1 million dollar loan
be repaid no later than seven years after
completion of the golf course and shall be secured
by a first lien on the property.
3
The County Judge asked if there was a motion. Commissioner
Cauley moved to approve the Interlocal Agreement subject to
the 3 conditions outlined above. These being the
modification of the lot distribution being 55 percent for C.
F. Jordan, 44 percent for City of Bryan, First Lien being
placed on the golf course with payment to be made within
seven years and the reimbursement of $100,000.00 to C. F.
Jordan. The motion was seconded by Commissioner Sims. Mrs.
Meronoff asked if the motion included the stipulation that
C. F. Jordon not participate in the residential development
in the TIF. Commissioner Cauley stated that his motion
included this condition. Commissioner Sims stated that his
second included this condition. The County Judge next
called on the following citizens who registered to speak on
the matter:
1. Woody Humphries stated he was against a tax
going to pay for a golf course that benefits only
a few people.
2. David Young - restated a few problems he had
presented to the court at a previous meeting and
stated he feels more work should be done on the
contract with C. F. Jordan.
3. Dr. Paul Van Riper - spoke in favor of the
project. He stated the University is known for
following through with projects they back. The
project will bring outside money into the County.
He asked if the Court has determined if Don Adam
owns property on which he proposes to build a golf
course.
4. Jeannette Roman - speaking for the "Voters
Voice" feels the Court should exercise due
diligence in spending public dollars and ask the
Court to delay voting on the issue until a
feasibility study is complete.
Vol Page
'F
5
.y
Commissioners' Court meeting May 16, 2000
5. Frank Thurmond - presented a prepared
statement and asked the Court to delay a vote that
would negate the vote taken on May 9`" that
requested a feasibility study. He further
questioned why the Court is considering the issue
during the absence of Commissioner Jones.
6. Jody Quimby - stated that he has been opposed
to the project for some time. He remains opposed
stating it is a speculative project and should be
presented to the voters for a vote. He questioned
why a voted is being taken today with one
Commissioner missing who is opposed to the project
and without a feasibility study. He asked that
the issue be tabled until Commissioner Jones
returns.
7. Mike McMiken - asked the Court to follow the
precedence previously set with the College Station
TIF and approve this TIF in the City of Bryan. He
questioned if the fact that Commissioner Jones is
a developer would be a conflict of interest.
The County Judge asked for further comments. Hearing
none, he called for the vote. Commissioners Sims, Cauley
and the County Judge voted "Aye". Commissioner Thornton
abstained. A copy of the Agreement is attached.
The Court next considered a request from the Brazos
4
County Community Council for funding. On motion by the
County Judge, seconded by Commissioner Cauley, the Court
voted unanimously to remove this item from the agenda until
additional information could be obtained.
The next matter for consideration was an application
made by Ernest Newton Laney, Jr. 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 approve the
application of Ernest Newton Laney, Jr. for military service
credit and forward the application to the Texas County and
District Retirement System.
The Court next heard a request by the Big 8 RC&D
Council for travel expenses for a representative to attend
the National Association of RC&D Councils in Ogden, Utah,
h
June 18-21, 2000.
Vol 19 - Page VI A4 C)
01
401
Commissioners' Court meeting May 16, 2000
5
On motion by the County Judge, seconded by Commissioner
Sims, the Court voted unanimously to approve the request for
travel expenses for Walter Wilcox in the amount of $888.36.
The Court next considered authorizing Revisions R-13,R-
18, R-22, R-25 and R-26 to the contract with W. M. Klunkert
Construction Company for the Brazos County Detention Center
Addition. The proposed revisions are as follows:
R-13 Extend Return Air Duct to Chase 219 $977.31
R-18 Delete "F" Windows at visitor 209 [ $212.001
R-22 Add run-off trough & handrails at
Annex Ramp $4,032.00
R-25 Raise Manhole $ 768.00
R-26 Add Carpet to Training 117,
Corridor 106 and Corridor 114 $5,594.00
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to authorize revision R-
13. On motion by Commissioner Thornton, seconded by
Commissioner Cauley, the Court voted unanimously to
authorize revision R-18. On motion by the County Judge,
seconded by Commissioner Cauley, the Court voted unanimously
to authorize revision R-22. On motion by Commissioner
Thornton, seconded by Commissioner Cauley, the Court voted
unanimously to authorize revision R-25. The County Judge
moved to deny revision R-26. Commissioner Sims seconded the
motion. Commissioner Sims and the County Judge voted "Aye".
Commissioners Thornton and Cauley voted "No". The motion
failed. The Jail Administrator explained the need for the
carpeting. Commissioner Cauley moved to approve revision R-
26. It was seconded by Commissioner Thornton.
Commissioners Thornton and Cauley voted "Aye". Commissioner
Sims and the County Judge voted "No". The motion failed
Vol I Page q11
f
i
i
Y'
is
f~
Y'
z~
I L
Commissioners' Court meeting May 16, 2000 6
The Court proceeded to consider the following-blanket
Purchase Orders:
Applied Comp. Serv Non-Departmental $2,000
Longhorn Tavern Jury Services $ 500
Napa Auto Parts Road & Bridge $3,000
Buchanan Soil Mech Road & Bridge $5,000
Brazos Office Supp County Attorney $1,200
Brazos Office Supp Met. Planning Office $ 500
On motion by Commissioner Sims, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The Court next considered approval of a requisition for
legal advertising of bids with the Bryan-College Station
Eagle for the Purchasing Department. On motion by
Commissioner Sims, seconded by Commissioner Thornton, the
Ii
i
Court voted unanimously to approve payment of the
requisition in the amount of $3,000.00.
The Court next considered approval of a requisition
from the Printer Replacement fund for the Personnel
Department. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
payment of the requisition in the amount of $149.99.
The Court next considered authorizing payment to Judge
Randy Michel for office furniture. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the
Court voted unanimously to authorize the payment of $725.00
to Judge Michel for his personally owned desk and credenza.
f The Court next considered awarding the following bid:
I Bid No. 2000-040, Brazos Center ACCU-2 Replacement
III & AHU-2VSD Installation
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Garrett Mechanical. On
motion by Commissioner Thornton,
seconded by Commissioner Cauley, the
Court voted unanimously to accept the
recommendation of the Purchasing Agent
and award the contract to Garrett
Mechanical. A copy of the bid
tabulation is attached.
Vol Page
i
I
i
x
Commissioners' Court meeting May 16, 2000
The Court next considered awarding the following bid:
•
Bid No. 2000-004R, Asphalt, Oil and Emulsion
Products - Annual Contract
Rebid
John Hachmann, Purchasing Agent,
recommended acceptance of the bid for
AE-Prime submitted by Cleveland Asphalt
as Primary and Prime Materials as
Secondary; the bid for CRS-2 submitted
by Prime Materials as Primary and
Cleveland Asphalt as Secondary; the bid
for SS-1 submitted by Cleveland Asphalt
as Primary and Prime Materials as
Secondary; the bid for HFRS-2 submitted
by Prime Materials as Primary and
Cleveland Asphalt as Secondary. The bid
for HFRS-2P submitted by Prime Materials
as Primary and Cleveland Asphalt as
Secondary. On motion by Commissioner
Sims, seconded by Commissioner Cauley,
the Court voted unanimously to accept
the recommendations of the Purchasing
Agent and awarded the contract as noted.
A copy of the bid tabulation is
attached.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of
•
1
the general public. The Road and Bridge Department
7
requested permission to enter the private property of James
West on Carrabba Road to clear the fence row to create
better sight distance at the second curve on Carrabba Road.
This is approximately 0.5 mile from the intersection with
SH21. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to
authorize the work.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of
the general public. The Road and Bridge Department
requested permission to enter the private property of Eddie
Moore on windy Ryon Road in the Quarter Horse Ranch
Subdivision in Precinct 1 to reshape, seed and add poly jute
to roadway ditch to control erosion.
Vol I_
Page 1 'f3
Commissioners' Court meeting May 16, 2000
i
' t
i
{
I
1
8
On motion by Commissioner Sims, seconded by'Commissioner
Thornton, the Court voted unanimously to authorize the work.
The Court next considered the request from GTE to
install road bores and parallel cable installations in the
right-of-way of Stagecoach Road in Timbercrest Subdivision
to replace approximately 508 feet of bad cable. The site is
located in Precinct 1. The County Engineer stated that open
cuts in roadways and/or plowing over culverts, as indicted
on the GTE work site diagram, will not be permitted. All
locations will be bored. On motion by Commissioner
Thornton, seconded by Commissioner Cauley, the Court voted
unanimously to approve the request of GTE subject to the
conditions set forth by the County Engineer and authorized
the installation. A copy of the request is attached hereto.
The Court next considered approval of the minutes of
the Commissioners' Court meetings held in January 2000 on
the following dates: 4, 11, 18, 25 and Special meetings held
on January 4 and 6, 2000. On motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the minutes as submitted.
Under announcement of interest items and possible
future agenda topics the County Judge made the following
i
. i
I•
;
I
,
1
,
a
comments:
a)
R. M. Jackson has offered the Mutual of
Omaha building for sale to the County.
He suggested the county look into
purchasing it.
b)
He has been looking at the composition
'
of the Appraisal Board as approved in
1979. He is investigating the increase
in the number of members on the Board
and has suggested having a meeting with
other taxing entities to make these
changes.
c)
He met with College Station ISD
concerning a contribution to the Brazos
Valley Community Network. He is
suggesting $4,000 annual contribution
for the next five years. This puts
together a completely integrated
•
twork. n L /
T
Vol
Page I
r
•
1 .
Commissioners' Court meeting May 16, 2000 9
d) He received a printout of the
preliminary tax base showing $5,230,833.
There was no citizen input and/or concerns.
There being no further business to come before the
Court, the meeting was adjourned.
Vol 19 Page 115
Commissioners' Court meeting May 16, 2000 10
The foregoing minutes of the Commissioners Court
meeting held May 16. 2000 have been examined and are
approved in open Court this the A-9 day of 2094,
~
in Bryan, Brazos County, Texas.
- x/(---/. ,
Alvi W. ones
County Judge
m. kh~®rnton
Commissioner, Precinct 2
Carey Ca ey, Jr.
Commissioner, Preci ct 4
Tony ones
Commissione Precinct 1
z4n~
Randy ms
Comm' sioner, Precinct 3
Mary Affn Ward
County Clerk
r
r
I
r
i
9J
r ~
i
I
I ~
i
f
r
i
ti ~ I rJ/I
Vol Page
r .
r .
r~
01
BRAZOS COUNTY COMMISSIONERS' MEETING ON"14, Zoo-" AT AV)A•M•
I
a
S7c/ ~v
~/7/mod
~A/l ,
11
j
~
r
1
V r LI
~1 L a
a) TJ 7
eV o 6IAI
k'~ ~X-, ex o ,
c(C
A
-w
~I
1•
i
rr BRAZOS COUNTY COMMISSIONERS' MEETING ON Iii Z DOD '
AT I ~(i~/ A.M.
. 1
I
/VA414,k
I M ~o
C-c c)
C
~
V 1 U
i~
t i
•r
~i
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1999-2000 BUDGET YEAR
NO. 99/00 25.1 through 25.3
On this the 16" day of May 2000 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct l;
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 May 16, 2000 the Court heard and approved a
budget amendment for the 1999-2000 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 9,
1999 the following amendment(s) to the original are hereby
authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 161" day of May 2000.
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
#OL,,/ 9-.RACM, ~19
a
f
i
i
r
Totals
2,453,214.00
-
rejrircd ~k' pproved$v.:~ ~Y ;x v
aie:_ 5117.1 Q, fr 5a
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 99/00 - 25.2
5/16/00
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
304001
659500
Dr.
Vehicle Maintenance
400.00
01
304001
600800
Cr.
Clothing/ Uniforms
100.00
01
304001
617500
Cr.
Telephone Cellular
300.00
Constable
Precinct 4
To realloca
te budget to allow additional Vehicle Maintenance budget.
Totals
400.00
400.00
epare 1 y:•,: «t = mk. q pPrbve Iiy•
0atec 0 l 1 atc:
Y
a.. ~ «.a.. na.. _ •,~w w4.L. wy..~w..i ~..._L ~u_..-f. _..,.1 ..w~_ ~ a. . .
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS _
No. 99/00 - 25.3
5/16/00
FD
DIV
ACCT
PROD
DR/CR
ACCOUNT NAME
Increase
Decrease
01
110005
616200
Dr.
Subscriptions & Publication
300.00
01
110005
652000
Dr.
Copier Maintenance
6,000.00
01
110005
725900
Dr.
Professional Fees
6,000.00
01
110005
720900
Cr.
Auditor-External
12,300.00
Non Depar
tmental
To reclassify budeet to allow for overspent accounts.
r
3
z
12,300.00 12,300.00
7j~r'nT• ~f!'l~!11+w/1 {'1fT~~. ~1 •_J
rchared mkNv Appro_ ve_d B
1 (v) 1 e: 52~ ° ,
ate. 5 k
1 t
61
PERSONNEL CHANGE OF STATUS
page 1 of I
COURT DATE: May 16, 2000
DEPARTMENT: Personnel
PURPOSE: Approve Personnel Change of Status
##rtiirti#iirt##irtiiitiiiiitiiiiiiii#iiii##iiiiiiiii###iiiiii#####iii##rtrtrt#rt#rt#rtrtrtrttrt#•
DEPARTMENT NAME
EMPLOYEE NAME
ACTION REQUESTED
#iiii#tirtrtrt#rtrtiii#i#iii###iiii#i#i####iii#4iii##iiiiii#ii####iiiiii#irt#rt##rtrt#rtrt#rti##
BRAZOS CENTER
TREVINO, LUIS
NEW HIRE-FILLING
OPEN POSITION
LOVELL, JASON
NEW HIRE-FILLING
OPEN POSITION
-
M.ORGAN, BRENT
RESIGNATION
- -
BUILDING MAINT.
-
KNAPP, CORY
SALARY INCREASE
JUSTICE OF PEACE,PCT 6
LAYNE, JODY R
TERMINATION
RISK MANAGEMENT
- -
-
MARCEL, ESTHER
RESIGNATION
-
SHERIFF OFFICE - JAIL DIVISION
JURICA, SHANNON H
TERMINATION
CLAY, BOBBY D
RESIGNATION
GLEN, HAYES
TRANSFER TO CNS
Approved in Commissioners' Court: May 16, 2000
County Judge's or Commissioner's Signature:
woL.j -I
l
s
i
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
INI tLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") is made by and between the CITY
OF BRYAN, TEXAS (the "City"), a municipal corporation and home-rule city of the State of
Texas, acting by and through its governing body, the City Council, and BRAZOS COUNTY,
TEXAS ('Brazos County"), acting by and through its governing body, the Commissioners Court.
This Agreement is made pursuant to Chapter 791 of the Texas Government Code and Chapter
311 of the Texas Tax Code for the participation of Brazos County in REINVESTMENT ZONE
NUMBER TEN, CITY OF BRYAN, TEXAS ("Bryan Reinvestment Zone Number Ten"), a
reinvestment zone to be created by the City pursuant to Chapter 311 of the Texas Tax Code.
Section 1. DEFINITIONS. As used in this Agreement, the following terms shall have
the meanings set out below:
"Agreement" means this agreement between the City and Brazos County.
"Agreement Tenn" is defined in Section 5.
"Brazos County" is defined in the preamble of this Agreement and includes its successors
and assigns.
"Brazos County Ad Valorem Tax Rate" means the then current ad valorem tax rate of
Brazos County, Texas.
"Brazos County Tax Increment Participation" means the amount of the Brazos County ad
valorem tax levy on the Captured Appraised Value, which Brazos County agrees to contribute to
the Bryan Reinvestment Zone Number Ten pursuant to Sections 3 and 5 of this Agreement.
"Bryan Reinvestment Zone Number Ten" means Reinvestment Zone Number Ten, City
of Bryan, Texas, to be created by the City over the Bryan Reinvestment Zone Number Ten Area.
"Bryan Reinvestment Zone Number Ten Area" shall mean the area of the City to be
included in Bryan Reinvestment Zone Number Ten, being substantially as described in Exhibit
"A" attached hereto.
"Captured Appraised Value" means the captured appraised value of the Bryan
Reinvestment Zone Number Ten, as defined by Chapter 311, Texas Tax Code.
"City" is defined in the preamble of this Agreement and includes its successors and
assigns.
APB 7
r
Y ~
. _ . L . 3 i ....4 a..;.C~ ` ¢.i~ac.:..-"• ra... r.:atS. , - - •..~i-r~.r v __.iJ'•,~L ,i:.. Aye... ~w.w..._,~-....:.:._~•_ ~ s _ ,
r
1
f
r~\
01
"City's Tax Increment Participation" shall mean an amount equal to one hundred percent
(100%) of the ad valorem taxes collected by the City each year during the duration of Bryan
Reinvestment Zone Number Ten on the Captured Appraised Value of real property within the
Bryan Reinvestment Zone Number Ten.
"Plan" means the project plan and reinvestment zone financing plan for the Bryan
Reinvestment Zone Number Ten which shall be adopted by the board of directors of the Bryan
Reinvestment Zone Number Ten and approved by the City Council of the City.
I
"Tax Increment Fund" means the tax increment fund created by the City in the City
Treasury for the Bryan Reinvestment Zone Number Ten.
Terms used herein and not otherwise defined shall have the meanings ascribed to them in
Chapter 311, Texas Tax Code.
Section 2. PURPOSE FOR CREATING THE ZONE. The City proposes to create the
Bryan Reinvestment Zone Number Ten for the purposes of development in the Bryan
Reinvestment Zone Number Ten Area as more specifically described in the Plan. Brazos County
desires to participate in the Bryan Reinvestment Zone Number Ten in consideration for the
agreements set forth below.
Section 3. OBLIGATIONS OF BRAZOS COUNTY. (a) Tax Increment Participation.
For and in consideration of the agreements of the parties set forth herein, Brazos County agrees
to participate in the Bryan Reinvestment Zone Number Ten by contributing one hundred percent
(100%) of the ad valorem taxes collected by Brazos County each year during the term of this
Agreement on the Captured Appraised Value of real property within the Bryan Reinvestment
Zone Number Ten less that portion of the ad valorem taxes pledged by Brazos County to debt
service. Currently, the tax rate upon which the Brazos County Tax Increment Participation
would be determined is based upon a tax rate equal to thirty-seven and 77/100 (37.77¢) per one
hundred dollars valuation. However, the tax rate and the portion of the tax rate pledged directly
to debt service are subject to change and the Brazos County Tax Increment Participation herein
pledged shall change as both Brazos County's tax rate and tax rate pledged to debt service
changes.
(b) Payment Dates. Brazos County's Tax Increment Participation and obligation to
participate in the Bryan Reinvestment Zone Number Ten shall be restricted to its tax increment
collected on the Captured Appraised Value in the Bryan Reinvestment Zone Number Ten.
Brazos County shall not be obligated to pay its Brazos County Tax Increment Participation from
other Brazos County taxes or revenues or until the Brazos County Tax Increment Participation in
the Bryan Reinvestment Zone Number Ten is actually collected. The obligation to pay the
Brazos County Tax Increment Participation shall commence as taxes representing the Brazos
County tax increment are collected by Braios County and payment shall be due fifteen (15) days
after collection.
2
1
(c) Expansion of the Zone. The obligation of Brazos County to participate in the Bryan
Reinvestment Zone Number Ten is limited to (i) the area described in Exhibit "A" attached
hereto and (ii) the projects set forth in the Plan. Brazos County's participation shall not extend to
the tax increment on any additional property added to the Bryan Reinvestment Zone Number Ten
by the City unless Brazos County approves the participation.
(d) Representation on Board of Directors. Brazos County shall have the unequivocal
right to appoint to and maintain one (1) member on the Bryan Reinvestment Zone Number Ten
Board of Directors. Failure of Brazos County to appoint a person to the Board of Directors of
the Bryan Reinvestment Zone Number Ten by April 1, 2000 shall not be deemed a waiver of
Brazos County's right to make an appointment by a later date.
(e) Reimbursement of Creation Expenses. Brazos County shall be entitled to
reimbursement for its actual costs associated with the creation of the Bryan Reinvestment Zone
Number Ten, in accordance with the Plan.
(f) Conditions Precedent. Concurrently with the approval of this Agreement, the City
Council of the City shall consider authorizing the approval and execution of (i) that certain First
Amendment to Master Economic Development Agreement by and between the City of Bryan
and Jordan Community Properties, L.P., amending that certain Master Economic Development
Agreement dated November 2, 1999, between the same said parties, and (ii) that certain First
Amendment to Development and Purchase and Sale Agreement dated May 31, 2000, by and
between the City of Bryan and Traditions Golf Club, Inc. amending that certain Development
and Purchase and Sale Agreement dated November 2, 1999, between the same said parties.
Should the City fail to approve, execute and deliver such Amendments by August 31, 2000, this
Agreement shall terminate, and the County shall have no obligation to contribute tax increment
to the Tax Increment Fund under the terms of this Agreement. Delivery by the City to the
County on or before August 31, 2000 of an original or a certified copy of the executed
Amendments shall satisfy the condition set forth in this subsection (f).
Section 4. FINANCING ISSUES. (a) Approval of Plan. The parties agree that Brazos
County, acting through its County Commissioners Court, shall be permitted to review and
approve the Plan and any amendment to the Plan including, without limitation, the elimination of
projects described in the Plan as originally approved, before the Plan, or any amendment to the
Plan, is submitted to the City Council for City approval. Failure to approve the Plan or any
amendments or changes thereto shall permit the County to terminate its participation in Bryan
Reinvestment Zone Number Ten.
(b) Financing of Project Costs. Brazos County shall participate in the payment of project
costs only to the extent and in the priority described in the Plan. The City and the Board of
Directors of Bryan Reinvestment Zone Number Ten shall be entitled to enter into any o'.ner
agreements to pay the principal and interest on bonds or other obligations issued by the City as
described in the Plan, from the tax increments paid into the Tax Increment Fund by the City
without the consent of Brazos County.
iL
The City and the Bryan Reinvestment Zone Number Ten reserve the right to impose yield
restrictions and enter into covenants with the holders of bonds and notes of the City and/or the
Bryan Reinvestment Zone Number Ten with respect to the investment and reinvestment of funds
received from Brazos County's participation if, in the opinion of nationally recognized bond
counsel, such action is necessary to avoid being classified as "arbitrage bonds" under the
provisions of the Internal Revenue Code of 1986.
Section 5. TERM OF AGREEMENT. This Agreement shall become effcctive as of the
date of the final signature hereto, and shall remain in effect until the earlier of (i) May 1, 2016,
(ii) the date on which the Plan has been fully implemented and all Project Costs (as defined in
Texas Tax Code §311.002, and as may be further limited in the Plan), tax increment bonds,
interest on such tax increment bonds payable from tax increment collected on the Captured
Appraised Value of the real property within the Bryan Reinvestment Zone Number Ten have
been paid in full, or (iii) August 31, 2000, if the condition precedent set forth in Section 3(f)
hereof is not satisfied.
The first payment of increment taxes by Brazos County under this Agreement shall be for
those taxes as levied by Brazos County in the year 2000 and, notwithstanding the preceding
paragraph, the last payment by Brazos County under this Agreement is for those taxes levied by
Brazos County in the year 2015.
Section 6. OBLIGATIONS OF THE CITY. (a) Tax Increment Participation. For
and in consideration of the agreements of the parties set forth herein, the City agrees to
participate in the Bryan Reinvestment Zone Number Ten by contributing the City's Tax
Increment Participation. The City's participation is subject to changes in its tax rate.
(b) Payment Dates. The obligation to pay the City Tax Increment Participation shall
commence as taxes representing the City tax increment are collected by the City and payment
shall be due fifteen (15) days after collection.
Section 7. MISCELLANEOUS. (a) Severability. In the event any term,
covenant or condition herein contained shall be held to be invalid by any court of competent
jurisdiction, such invalidity shall not affect any other term, covenant or condition herein
contained, provided that such invalidity does not materially prejudice either Brazos County or
the City in their respective rights and obligations contained in the valid terms, covenants or
conditions hereof. In the event any term, covenant or condition shall be held invalid and affects
in any manner the limitations on Brazos County's contributions or participation, then this
Agreement shall be void as to Brazos County and Brazos County shall have no liability for any
incremental or other payments as may otherwise be provided for in this Agreement.
(b) Entire Agreement. This Agreement merges the prior negotiations and understandings
of the parties hereto and embodies the entire agreement of the parties, and there are no other
agreements, assurances, conditions, covenants (express or implied) or other terms with respect to
the covenants, whether written or verbal, antecedent or contemporaneous, with the execution
hereof.
4
r
i
k.
(c) Written Amendment. Unless otherwise provided herein, this Agreement may be
amended only by written instrument duly executed on behalf of each party.
(d) Notices. All notices required or permitted hereunder shall be in writing and shall be
deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in
a United States Postal Service post office or receptacle with proper postage affixed (certified
mail, return receipt requested) addressed to the respective other party at the address prescribed
below, or at such other address as the receiving party may have theretofore prescribed by notice
to the sending party.
The initial addresses of the parties, which one party may change by giving written notice
of its changed address to the other party, are as follows:
fiv
Mike Conduff
City Manager
City of Bryan
300 South Texas Avenue
Bryan, TX 771003
Brazos County
Judge Al Jones
Brazos County Judge
Brazos County Courthouse
Bryan, TX 771003
(e) Non-Waiver. Failure of any party hereto to insist on the strict performance of any of
the agreements herein or to exercise any rights or remedies accruing hereunder upon default or
failure of performance shall not be considered a waiver of the right to insist on, and to enforce by
any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any
right or remedy occurring as a result of any future default or failure of performance.
(f) Assignment. Except for the City's right to assign and delegate this Agreement and the
performance of obligations to the Board of Directors of Bryan Reinvestment Zone Number Ten,
no party shall assign this Agreement by operation of law or otherwise without the prior written
consent of the other parties and no party shall delegate any portion of its performance under this
Agreement without the written consent of the other parties.
(g) Successors. This Agreement shall bind and benefit the parties and their legal
successors. This Agreement does not create any personal liability on the part of any officer or
agent of the City or Bryan Reinvestment Zone Number Ten or any trustee, officer, agent or
employee of Brazos County.
(h) No Waiver of Immunity. No party hereto waives or relinquishes any immunity or
defense on behalf of itself, its trustees, officers, employees, and agents as a result of its execution
of this Agreement and performance of the covenants contained herein.
(i) Waiver of Sixty (60) Day Notice Requirement. Brazos County hereby acknowledges
and represents that it waived the notice requirements with respect to the February 22, 2000
or, a P. sa -16(a
s
~ l - ~ - t...~..., i;~'a:.e~.a~~ i:.~e:a•rr,.w..~iu.1.1.s:J,x ~~•i,L._.+L-_.~_.....~
i
'A F
public hearing held by the City in accordance with the provision of Section 311.003(e) of the
Texas Tax Code.
•
IN WITNESS HEREOF, the City and Brazos County have made and executed this
Agreement in multiple copies, each of which is an original.
CI F BRY
-00
Mayor Date
BRAZOSCOUNTY
Brazos to-unty Judge Date
ATTEST/SEAL: ATTEST:
of 7 -c~ V
City Secret Date County Clerk Date
APPROVED AS TO FORM:
/941 d. !o '/3 - oD
C A-tv A tto y Date
• AP E AS TO SUBST CE: .
City Manag Date
751
6
l~
u
I
LEGAL DESCRIPTION
Being a tract of land situated in the J.H JONES SURVEY, ABSTRACT 26 and the T.J. WOOTEN
SURVEY, ABSTRACT 59. Bryan, Brazos County. Texas and being more particularly described as
follows;
BEGINNING at the most northerly comer of the, now or formerly. William Davr9s 27.91 acre tract.
same being the most southwesterly comer of the, now or formerly. Galindo Rand Partnership 10.35
acre tract and also being on the Southeast right-of-way of Villa Maria Road (FM 1179);
THENCE Southeast along a common line between the said 27.91 acre tract and the said 10.35 acre tract
for a distance of 500 feet, more or less. Continuing along a common line between the said 27.91 acre
tract and the, now or formerly,'Galindo Ranch Partnership 21.03 acre tract for a distance of 771 feet,
more or less, to a point for corner, said point also being a northerly corner of the, now or formerly.
Dexter Gabbard 298.51 acre tract;
THENCE Easterly along a common line between the said 21.03 acre tract and the said 298.51 acre tract
for a distance of 527 feet, more or less, to a point for corner, said comer being a northerly comer of the
said 298.51 acre tract. also being the most southeasterly corner of the said 21.03 acre tract, also being
the most southerly corner of the. now or formerly. Galindo Interest, Ltd. 4.016 acre tract, and also being
the most westerly corner of the, now or formerly, Galindo Interest Ltd. 40 acre tract;
THENCE Southeast along a common line between the said 40 acre tract and the said 29851 acre tract
for a distance of 1.381 feet, more or less. to a point for an angle:
THENCE continuing Southeast along the aforementioned common line for a distance of 1,386 feet.
more or less, to a point for comer, said point being an interior corner of the said 298.51 acre tract;
THENCE Northeast continuing along the common line between the said 40 acre tract and the 298.51
acre tract for a distance of 176 feet, more or less, to a point for corner, said point being a common comer
between the said 40 acre tract. the said 298.51 acre tract and the, now or formerly, Texas A&M
University System 817.86 acre tract; said point also lying on the common city limits line of Bryan and
College Station. Texas;
THENCE Southeast with the said common city limit line, along a common line between the said 298.51
acre tract and the said 817.86 acre tract for a distance of 874 feet, more or less. to a point for corner, said
point being a common corner between the said 29851 acre tract and the, now or formerly. Gloria Sale
73.42 acre tract;
THENCE Southwest leaving the said common city limit line, along a common line between the said
298.51 acre tract and the said 73.42 acre tract for a distance of 1,271 feet, more or less, to a point for a
corner; said point being a common corner between the said 298.51 acre tract, the said 73.42, and the.
now or formerly, Ethyl Walton Burgess Family Limited Partnership 188 acre tract;
THENCE Southeast along a common line between the said 188 acre tract and the said 73.42 acre tract
for a distance of 2,969 feet, more or less, to a point for corner, said point lying on the northwest right-of-
way line of 't'urkey Creek Road, same being the city limits line of Bryan, Texas;
0
VOL,X9
1
Y ,
w
I
-S
'r
'4•
Fi
~l
THENCE South along a common line between the said right-of-way of Turkey Creek Road and the said
188 acre tract for a distance of 23 feet, more or less, to a point for comer, said point being a common
corner between the said 188 acre tract and the, now or formerly, Ethyl Walton Burgess Family Limited
Partnership 147.29 acre tract; said point also being a common comer of the city limits line of Bryan and
College Station, Texas;
•
•
THENCE Southwest leaving the right-of-way of Turkey Creek Road, along a common line between the
said 188 acre tract and the said 147.29 acre tract, same being the common city limit$ line of Bryan and
College Station, Texas, for a distance of 2,977 feet, more or less. Continuing with thL said common city
limits line, along a common line between the said 147.29 acre tract and the, now or formerly, Ethyl
Walton Burgess Family Limited Partnership 70.75 acre tract for a distance of- 1,326 feet, more or less, to
a point for comer, said point being a common corner between the said 70.75 acre tract, the, now or
formerly. W. T. McDonald 37.99 acre tract, the, now or formerly, W. T. McDonald 20.71 acre tract, and
the said 147.29 acre tract;
THENCE Northwest leaving the said common city limits line, along a common line between the said
70.75 acre tract and the said 37.99 acre tract for a distance of 1,817 feet, more or less. Continuing along
a common line between the said 70.75 acre tract and the, now or formerly, Vickie Proctor 12.5 acre tract
for a distance of 598 feet, more or less, to a point for comer, said point being a common corner between
the said 70.75 acre tract and the said 12.5 acre tract, and also lying on the southeast line of the, now or
formerly, Sally Ann Vavra 25 acre tract;
THENCE Northeast along a common line between the said 25 acre tract and the said 70.75 acre tract for
a distance of 205 feet, more or less. Continuing along a common line between the said 70.75 acre tract
and the, now or formerly, Lcon B. Treybig 12.5 acre tract for a distance of 404 feet, more or less.
Continuing along a common line between the said 70.75 acre tract and the, now or formerly, Michael R.
Krcnek 12.5 acre tract for a distance of 408 feet. more or less, to a point for comer, said point being a
common comer between the said 12.5 acre tract and the, now or formerly. Billy 7. Kling 25 acre tract;
THENCE Northwest along a common line between the said 25 acre tract and the said K.renck 12.5 acre
tract for a distance of 1,388 feet, more or less, to a point for corner, said point being a common corner
between the said 25 acre tract and the said 12.5 acre tract; said point also lying on the southeast line of
the Turkey Creek Investments 102.32 acre tract;
THENCE Southwest along a common line between the said Krenek 12.5 acre tract and the said 102.32
acre tract for a distance of 417 feet, more or less. Continuing along a common line between the said
102.32 acre tract and the said Treybig 12.5 acre tract for a distance of 287 feet, more or less, to a point
for corner; said point being a common corner between the said 102.32 acre tract and the, now or
formerly; Gainer B. Jones, Jr. 127.91 acre tract;
THENCE Northwest along a common line between the said 127.91 acre tract and the said 102.32 acre
tract for a distance of 3,035 feet, more or less, to a point for corner; said point being a common corner
between the said 102.32 acre tract and the said 127.91 acre tract; said point also lying on the southeast
line of the, now or formerly, Curtis F. Lard 36.81 acre tract;
THENCE Northeast along a common line between the said 36.81 acre tract and the said 102.32 acre
tract for a distance of 1,052 feet, more or less. to a point for corner, said point being a common corner
between the said 36.81 acre tract and the, now or formerly, Nelleen Restmeyer 36.96 acre tract;
T
u
THENCE Northwest along a common line between the said 36.81 acre tract and the said 36.96 acre tract
for a distance of 978 feet, more or less. Continuing along a common line between the said 36.96 acre
tract and the, now or formerly, Curtis F. Lard 4.59 acre tract for a distance of 411 feet, more or less, to a
point for corner, said point being a common corner between the said 4.59 acre tract and the said 36.96
acre tract; said point also lying on the southeast right-of-way line of Villa Maria Road (FM 1179);
THENCE Southwest with the said southeast right-of--way, along a common line between the said 4.59
acre tract and the said right-of--way line for a distance of 496 feet, more or less. FContinuing along a
common line between the said right-of-way and the, now or formerly, Curtis F. Lard 14.46 acre tract for
a distance of 1,530 feet, more or less. Continuing along a common line between the said right-of-way
and the, now or formerly, Clyde Berger 10.56 acre tract for a distance of 850 feet, more or less, to a
point for corner.
THENCE Northwest across the said right-of-way of Villa Maria Road (FM 1179) for a distance of 175
feet, more or less, to a point for corner, said point being a common angle point between the northwest
right-of-way line of said Villa Maria Road and the, now or formerly, Donald S. Foster 45.91 acct tract;
THENCE Northeast along a common line between the said northwest right-of-way and the said 45.91
acre tract for a distance of 183 feet, more or less, to a point for corner, said point being a common corner
between the said 45.91 acre tract, the said northwest right-of-way of Villa Maria Road, and the west
right-of-way line of Jones Road;
THENCE Northwest along a common line between the said west right-of-way line and the said 45.91
acre tract for a distance of 343 feet, more or less, to a point for comer, said point lying on the said west
right-of-way line, the east line of the said 45.91 acre tract, and the city limits line of Bryan, Texas;
THENCE Northeast with the said city limit line. across the said right-of-way of Jones Road for a
distance of 35 feet, more or less, to a point for corner; said point being a common comer between the.
now or formerly. Curtis F. Lard 15.76 acre tract and the, now or formerly, Curtis F. Lard 22.22 acre
tract; said point also lying on the east right-of-way line of Jones Road;
THENCE Southeast leaving the said city limits line, along a common line between the said right-of-way
of Jones Road and the said 22.22 acre tract for a distance of 345 feet, more or less, to a point for corner;
said point being a common corner between the said east right-of-way line of Jones Road, the said 22.22
acre tract, and the said northwest right-of-way of Villa Maria Road;
THENCE along a common line between the said northwest right-of-way of Villa Maria Road and the
said 2242 acre tract for a distance of 2,735 feet. more or less. Continuing along a common line between
i the said northwest right-of-way and the, now or formerly, Brazos Christian School 10.32 acre tract for a
distance of 450 feet, more or less. Continuing along a common line between the said northwest right-of-
way and the, now or formerly, Darrell Campbell 31.33 acre tract for a distance of 1,189 feet, more or
less. Continuing along a common line between the said northwest right-of-way and the, now or
formerly, W. Barton Munro, Trustee 40.09 acre tract for a distance of 1,221 acre tract. more or less.
Continuing along a common line between the said northwest right-of-way and the, now or formerly.
Frank W. Herbert 14.87 acre tract for a distance of 229 feet. more or less. to a point for comer,
THENCE Southeast across the said right-of-way of Villa Maria Road (FM 1179) for a distance of 187
feet, more or less, to the POINT OF BEGINNING and containing 816.93 acres of land, more or less, of
which 27.36 acres lye within public right-of=way.
C w .,PAOW
a
i
i
' - . mow. .~~..SL~IL_.......:LJ......~.. .L.aL1:.~~.u _Y:u...~+n~c.-r-• J..._w.~..~.~(....`.-'d
• . • ~ . • ....lui ~ . ~ I, -4~• '.151• J.'11i 1
L
I ~
I
i
1
i
i
. i
1
i
h 1
3D1' 107~ID91' Q~~i
o~
i
o~
DAMS. Y6LUµ
21,11 AM
1IrITL 60
2L I I ACM
rAA
YI
MM~`
low
so
1
IJ
1}
'm
w
of ~8~
~ A J
•t 1
1t. CUM
15 &M$
b-AM-61
II MI ~I
f,AL1100, NIM 1 U0
1121Ir123i•Int
111b~1 /
W
croetAa ONIU 1
21L9 ACISS
11269 - ou-S M
nolitT Mc% IUMTKxIS
182. 32 raES
992t91.9953•n99
111156
'04L Gmbl% 1 4A
M v AM
III76fa115FM1/
611151
~ U
1 COLLEGE STATION Cl ITS
~ no In pw so
BRYAN CITY IIMITS ~`G hTq
CSL OF It6AS• IN ,
13.1! KM
11161k 1131.1800
three 1~
t
WHBK xL
ITT AMEI
ntHr1100.6011
tl l1<I
L,
J ~
~ u
z v-,
nIM4 UVILLI " 2 tlIIt? 23 ARCS r+ w
eu6erN htttl Mull-us).98W U 1~ n
A31 "S z Q ar~~
004y, ,9cwAn A W,n
I ACRES IIAGit ct"It v+lla rAN co
V
U26 1V-0190 &)5 KAN
1T2611.11q-6121 3 q
I1t1916.ua BndL Me f3
6L7 AtAIt 0 ~q
fftitlk Inl c,C7
TATRA. SkLY AIM M
2e Asti y
11261a01e~ In0 CA "MAO. V I A I
RIM Mil 21.19 Mal .
p "W1112•n11
A1II21 . r)
rot
6 ~iwU 1 j1 0
J0"`iN gn'p,l EXHIBIT A (1)
p901>7
~~isssssr - y
•
•
t
i
ti
¢-rea..e.m e~ 7rL t707 E~2K !~'~6•~ Ir.e6 I.Of/f1".
IMBIT
FIRST ANMND]NS=TQ
nIFM-()g; b= ADM PL►Rt•HA%g AI II A F ♦P_R11'tl1lfY~t M
MmIS FUW ANM,%'DML'%T TO DEVEWPMENT AND PURCHASE AND SALE
AGREEMENT (this "Amendment") is entered iruo this 31" day of MLy,4000, by aid between
QTY OF BRYAN, a Texas home rule city Cwcic&fw rcfaiod to as "City') and TRADITION
GOLF CLUB, INC.. a Texas eorpotation (hereinafter mferrod to as' 'Cab Ownar"I All tapitellted
tams used but not defined burin shall have tho morning ucnbed tbaeto is the Davnlagmmt and
Purchase and Sala Agreement (defined below).
WITNESSETA
WHEREAS, City and Club Owns catered into that caurn DEVpI0PM,1M ANM
PURCHASE AND SALE AGREE34 R%`TdatedNavetnber2.1999(flte"Aaeemoat'1; egad
WHEREAS. City wid Club Owner desire to enter into this Ameadvtent to act firth eaYtain
agrccwcou among the parties.
NOW THER FORE. in eomideraaon of the eovenarsta and apeatnents haei n mortised on
the part of City and Club Owner to be petfarmod, the patties berate agree to %wend the Agreament
as follows:
I. Dcflnod Trzm& All defined terms used herein aball have the meaning w forte is *a
AgramcaL
2. Per 1 o The following scam= shall bo sddW eft& the Up 4ensa+ee is
pjkn~ A t o of the: Agreement:
-Novwidumading the abom tba City Note loll
provide that tie wttpaid balance of the City Loan, if
any. shad be due V4 payable by Club tamer to the
City upon the cxpir4on of the savemb (7') year asar
the completion date of the Golf Comse itt acmdaaGe
with the Construction Scbcdule. Clab Owaa shall
provide to the City written notice of the complatbe
date ofthe Calf Course no later than ten (10) butiaess
days prior to the date the Golf Course is open to the
public for ptay. Mw City Note shall be secured by a
First Lien Dead of Toast on the Golf Cause Pmpaty.
3. So Ch h- Amend nn . City and Club Owns agm that, excapt its ere! fact itt d&
Ameodateat, tbcm ac no other cEmSes to IM Agent and the Agreem,em as sawd
:aataia■
in full force sad effect
lsm,ad" W .niMM«Igr«.w,Ih.eiwAft/iwA*WNQM psi. I
A:VA*-WJYWA VdV,IVV*4(t*--%-A-V4
490L.,19
241XV-4mrs
a
f '
f _
r w..•l.1.~/•.a~M1at~•. +Y..~_4:aW~t~uL~AYU1_Hr..r.K~A ~4=, iN71. ,e f..a a .s 1
i
.1aB CQiv 4YZ t tames 1Jfdi0i06~06 SM,pa +•w~ ♦.ar.iw
..rww .v..w •w+~r.~.
• r
IN WITNESS WHE MF. the parties ham have Caused Us Amondmat to be womod
upda seal is their appropriate Capacities tho day and year above writum
CITY OF BR '.TEXAS.
Aum a Taco city
Title, Titk•
DAM
7RADMON GOLF CLUB, INC..
Attcoc a Texan oogwaticn
Dart: 6/6/e
1,...A.o4~.... On.ly..d..r Mcfr.nlrrl Aalsr re•1
I
:j
i
FJ®IBIT
FIRST AMENDMENT TO MASTER ECONOMIC DEVELOPMENT AGREEMENT
This First Amendment to Master Economic Development Agreement ("First Amendment')
is executed to be effective this day of . 2000, by and between
City of Bryan, a Texas home rule city ("City"j and Jordan Community Properties, L.P. ("Jordan'),
a Texas limited partnership, and is intended to amend that certain Master Economic Development
Agreement ("Agreement') between City and Jordan dated November 2, 1999.
For good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree to amend the Agreement as follows:
1. Ownership Percentage rn Partnership. The parties agree that the partnership to be
created pursuant to Section 2.10(a) of the Agreement shall be modified to provide that the limited
partnership interests in the Partnership (as defined in the Agreement) will be Jordan, a fifty-five
percent (55%) limited partner, and the Development Corporation (as defined in the Agreement), a
forty-four percent (44%) limited partner. Distributions in accordance with Subsection 2.10(c) will
be adjusted accordingly. Jordan Properties,lnc. or an affiliate thereof will remain the one percent
(1%) general partner.
2. Sin-Ric Family Residential Construction. A new Section 7.14 is added to this
Agreement as follows:
"Jordan agrees that neither Jordan, its general partner, or parent,
subsidiary or affiliate of Jordan (collectively "Related Party') shall
build any detached single family residential units or duplexes and
shall not develop for its own account any condominiums or apartment
complexes within the Project. Nothing herein, however: (i) shall
preclude Jordan, a Related Party or the Partnership from building,
developing or owning any commercial improvements, including,
without limitation, assisted living centers, senior housing or similar
products; or (ii) shall preclude Jordan or a Related Party from acting
as the contractor on any apartment complex or condominium pre j act
within the Project for the account of a party other than Jordan or a
Related Party."
3. Reimbursement for Due Diligence Period Land Planning. The parties acknowledge
that unforeseeable delays have occurred in the Due Diligence Period Land Planning which have
resulted in unanticipated expenses having been incurred by Jordan. Accordingly, and in
consideration of Jordan's consenting to the other modifications in this First Amendment, the text of
Section 2.01 from the end of the second sentence through the end of such section is hereby deleted
and replaced as follows:
"The City will reimburse Jordan on an ongoing basis (i.e.. upon
billing accompanied by invoices) for up to Three Hundred Fifty
Thousand and No/100 Dollars ($350,000) for direct costs and
expenses incurred by Jordan in connection with such Due Diligence
Period Land Planning. Of such sum the City agrees to pay to Jordan
2319.106/66630.6/May 15, 2000 1y0L.,1` J ~s2 & ~
I
I
1
• f „ 1
Three Hundred Fifty Thousand and No/100 Dollars ($350,000) if the
City terminates this Agreement pursuant to Section 3.06 or because
of the failure of any of the contingencies set forth in Section 3.06.
Otherwise, the City agrees to reimburse Jordan for up to Two
Hundred Twenty-Five Thousand and No/ 100 Dollars ($225,000) on
an ongoing basis as billed by Jordan. The City will reimburse Jordan
for all such costs and expenses within thirty (30) days of receipt of an
invoice therefore. City agrees to cause the 'Project and Financing
Plan' which is to be or has been approved by the City in connection
with the creation of the TIF to treat all such costs and expenses
' described in this Section 2.01 as 'Project Costs.'
All references in the Agreement to sums to be reimbursed pursuant to Section 2.01
shall mean Section 2.01 as amended."
4. Except as expressly amended hereby all of the terns and provisions of the
Agreement shall remain in full force and effect as originally written.
JORDAN COMMUNITY PROPERTIES, L.P.,
a Texas limited partnership
C., aTe
xas corporation
Bar CFJ Mt:
Its: Genc -al By:
C. .Jordan, IN
Its: Pr 'dent
CITY OF B
B:
y
Its: Mayor
2
2519.10G/66M&M,y Is. 20M y
f
1
ATTEST:
CITY OF BRYAN
By:
Its: City Secretary
AGREED AND ACCEPTED:
BRYAN COMMERCE AND DEVELOPMENT, INC.,
a local government corporation (refenced to as the
Dcvclopmcnt Corporation in the Agreement)
By:
Its:
3
2519.106/66630.6/May 13.2000
1
110 1.9 ,.t.~ -jib
.r
i
,
1
d ~
r .,•..y. Mo`: ~o....J. .,t.'~'b .~w:Lyv ':'i~},_ .S r_rJ•..++ „
n
F
C
,y
BID SUMMARY SHEET
BID # 2000-040
VENDOR_ _ _ AMOUNT BID _
,Garrett Mechanical $ 60,900.00 ,
;Area Wide Mechanical $ 63,470.00 .
I~-.-.-.-............
N
t
1
J
0~
si
n
BID TABULATION 2000.0048
ASPHALT, OIL AND EMULSION PRODUCTS • ANNUAL CONTRACT REBID
r
DESCRIPTION
Gallons
CLEVELAND ASPHALT
PrlcelGallon Price to the County
Markup
PRIME MATERIALS
PdcefGallon PricstotheCoun
Markup
GATORRECYCLERS
PdcelGallon Price to the County Tdarkup
EPR•11HOUSTON
PrIcelGanon PrIcetotheCoun Markup
I
AE-PRIME
200,000
0.5893
07692
0.1799
0.59
0.78
0.1900
047 0.825 03550
0.465 0465 0
SMEshite for product specified
2
CRS•2Ca8orkEmulsion
30,000
0.5693
0688
0.0987
0.59
0.68
0.0900
047 06 0.3700
3
SS-1 Emulsion
30,0011
0.5893
0.666
0.0987
0.59
0.7
0.1100
1147 0.6 0.3300
4
*T&2 I%h Flog Emulsion
20D.DDO
05893
0888
00987
0.59
068
0 0900
No Bid
S
WRS•2P High Float Emulsion
6,000
03893
0988
0.3987
0.59
0.9
0.7100
No Bb
6
Free Time
2 hours
1.5 hour
2 hour
7
Demurep
$40.001rrour
$40.0ww
$40.00 hour
I
Oft used for Crude 00 Price
5880W
41248000
Sim
Delivery in wilt 24 hours
I
RECOMMENDATION:
AE-PRIME Primary: Cleveland Asphalt Secondary: Prime Materials
CRS-2 Primary: Prime Materials Secondary: Cleveland Asphalt
I Primary: Cleveland Asphalt Secondary: Prime Materials
FRS-2 Primary: Prime Materials Secondary: Cleveland Asphalt
HFRS•2P Primary: Prime Materials Secondary: Cleveland Asphalt
AWARD DATE:
i
•
01
I
4BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: May 16.2000
ITEM: Request permission to enter James West's ropey located off Carrabba Road
for the purpose of clearing fence row to create better sight distance at second curve on
Carrabba Road (approximately 0.5 mile from intersection with SH 21). Site will be
maintained as necessary. Signed permission form is attached. Site is located in
Precinct 3.
SOURCE OF FUNDS: N/A
REQUIREMENT(S):
RECOMMENDATION:
SUBMITTED BY: APPROVED BY:
Richard F. Vance, P.E. Commissi~pr Randy Sims
County Engineer Precinct 3
• 0000-067
Approved IF(/ Denied O by Commissioners' Court
Date:
Alvin W. Jones, aunty Judge
1f0L,,d-..PA11!-& 171
f
i
r'
r
r,~
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
AWin W. Jones
County Judge
Tony Jones OF B
Commissioner Pd 1 J
WYnaim S. Thornton
Commissioner Pd 2
/ato~E ~tf
Randy Sims 40 It
Commissioner Pe! 3
Carey Cautey
Commissioner Pd e
•
Date S8-Coo
-S7 i' S-
1. LAND OWNER AND ADDRESS
11. LOCATION OF WORK ~.~crc••hha Kra ~ Locyt- tV
SECOA1 D C ae vE
a~ o, , to rya moss ANAM . 0. SMr FkoM 51-121
III. DESCRIPTION OF WORK TO BE DONE i'-le P C~ec~- Ac.~~ ~ery_
IV. MAINTENANCE YES NO _
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE A:E J1zf_ 1A:1 fn/'
(Owner will be notified prior to maintenance)
Richard F. Vance, P.E. Engineer Ai Foreman
County Engineer
OWNER'S SIGNATUR DATE
if . ?
fi
t
•I
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: May 16.2000
ITEM: Request permission to enter Eddie Moore's property located off Windy Ryon
goad (in Quarter Horse Ranch Subd,)for the purpose of re-shaping seeding and
adding poly jute to roadway ditch to control erosion Signed permission form is
attached. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
REQUIREMENT(S):
RECOMMENDATION:
SViY:---7
Richard F. Vance. P.E.
County Engineer
0000-069
APPROVED BY:
Commi io r Tony Jones
Preci ct 1
Approved 12~/ Denied O by Commissioners' Court
Date.
Alvin W. Jones, County Judge
:1
la
it,
Af
E.V
Q
E•
E
r
G ,
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
Pivm W Jones
county Judge
Tony Jones OF
Cormrssaner Pct I 9
Maim S Thornton
Commss+ona Pct 2 co
Randy Suns 'to
Commssroner Pct C, OR-off
Carey Cauiey
Camussw wr Pd s
Date a a
I. LANDOWNER AND ADDRESS Ca D i L' 1`10f IZ
I
II. LOCATION OF WORK -5k&6: b)".,(
III. DESCRIPTION OF WORK TO BE DONE
IV. MAINTENANCE YES _ NO /
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
(Owner will
ified prior to maintenance)
Richard F. Vance, P.E. Engineer Al a/Fore an/Right of Way Agent
County Engineer
Owner's Signature: DATE 5 Oq -Q
i'ti"J.PAq, Z - 74,.
r!t
• ' ' ~ _.,.-.s•.....a.~i...cs,::~=~G:.a:.i.C•: w,.y.....f..L..i:i1:~rS~:.r +...._~~t
I-
Ia
I
u
i
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
61
01
01
f
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: May 16.2000
ITEM: Request from GTE for road bores and parallel cable installation in the ri, t of
way of Stagecoach Road (Timbercrest Subdivision) to recce approximately 508 ft of
bad cable Open cuts in roadways and /or plowing over culverts (as indicated on
the attached GTE work site diagram) will not be permitted all locations will be
bored. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
1. REQUIREMENTS:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be installed 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the
case of a road bore, perpendicular to the right-of-way line.
C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test
shall be conducted by an independent Geotechrncal testing firm; copies of all test results shall
be fumished to the office of the Brazos County Engineer.
E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and High, published by the Texas Department of Transportation.
and all other State and Federal laws governing utility construction.
li. ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY: APPROVED BY:
a4le-> z ~-e-,z-
Richard F. Vance, P.E. Commissioner Tony Jones
County Engineer Precinct 1
0000-068
Approved R(/ Denied ❑ by Commissioners' Court
Date:
-aLL.- Vy. (2L -
Alvin W. Jones, County Judge
#OL,)
f~
r
t'
t~
GTE NETWORK SERVICES
Access Design
301 Industrial Blvd.
Bryan, TX 77803
April 28, 2000
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77803
Dear Mr. Vance:
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 in College
Station, Texas.
This work is to be completed on Work Order 5416-3P002DM, which is scheduled
for April 2000. If you have any questions concerning this work, please contact
Steve Thomas at our office in Bryan, telephone 979-821-4616 within 15 days so
i that we may explain or modify our proposal, otherwise, it is understood that this
proposal is approved.
Sincerely,
John Arnold CRy,~
Designer - Access Design
Caw r~~ r~~ 51-evk bo•he s
JA:eC A~,' D 7" goo a Q 9 4
Dw
` /...ton
Attachment Tv
; j/ ps = os-- z o ma
en 0410
hox C,Ee'T/D S
J AJo Cw rS At c ow f0
R0.10 pwo-Y - inutr AE 801:Ev
1°m~► cut vo it - '60" 4AI JO A qto u6
rt
1
I~
I%
61
61
01
GTE Southwest
Incorporated
1
Notice of Communication
Line Installation
April 28, 2000
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that GTE SOUTHWEST INCORPORATED will
construct a communication line within the right-of-way of a County Road in
Brazos County, Texas as follows:
Cable placement is to replace a bad section along Stagecoach
Road, approximately 508 ft. Cable will be placed by contractor
for GTE.
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 the tender of this notice by the GTE Southwest Incorporated
does not constitute a waiver, surrender, abandonment or impairment of any
property rights, franchise, easement, license, authority, permission, privilege or
right now granted by law or may be granted in the future and any provision or
provisions so construed shall be null and void.
Construction of this line will begin on of after April, 2000.
GENERAL TELEPHONE COMPANY 5416-3P002DM
Jo Arnold
Designer-Access Design
301 Industrial Blvd.
Bryan, TX 77803
#UL,Jqtr 77
L
• jr
,
r
7 « IItL[AaoEM 7 .rte I W
p O 9 o n
%1% ad
a bs
u p ~y
r~
4 O r~ ~ ~4y~ rd0 O 4 ~1 ~S ~ o~~ ~
tt
n ` r ,C~ pd
a
CEDa-
Grp n I a . \
n nu
•1 •a• a- e P WS4 COULTER &WIELD
06*
La.
tG0 4t~ •C.y ^ I ♦ r r• Ar n n
wSI
ZAN
TfYWiL Y+Q,O` ~-•r -1~ , ST[V HOLLOW
IP#
r~
It 4
( 1 V t_;
i LS a3 Y COYYUMIT -1•
`F~! ~t~' ~ rr ~ ~ ~ I
RESEARCH A"
Yarn ~ ~ v
OYYUrUT
AMY'S ° y+ +iif p .f ;,e „ .
psi+p 6 dO9 ° G;• ~S; s_~.'a-' •+~p v [
3 tr TI ' A-5-1 it 4 4
1• ~:r~,-i~ c! ryh=~.j~~♦ V' r U - Mfr
1 tD "x` rfv ~57~ fi a. G• =nCV~ i ~.w rr-..u
uza
9ASrE" 0 ~•T Y ti* ' yyn:v 3..v -•'Y• wr.u
\
q r ! a ' `IUtiittO~ Y • O Y O rdp a1<;- " . _ -
r , b ~i : • " u IYOUSTRIAL •'~~r •COl1FGE ST
1 r 1 O r `or, tX ~O'/' ' rausTUUt r b.
i ,tom ` h' i•S' ''•F'~ a ' ' ri • ti'
71
As 0 to...
, O S~ •r Vim.
I/ t 7 ~ a[aCn
r "A Y 1 Y[lG! M .Ia n M{a PODC C., COYY
O
ct/oPK LooAT:o.✓ r Y i
• ~ Pon 2 ~A'l /.:1 ~b r7 ~ jhwr Ar,r~r'
t 3r r 4+ r
j , •
y °9~ P t ~ ~ ~r+
'y2I&II ''•y `
q ~
S ' I
~.I
+a Yill Kam
N
a,
Atom%
0 0
i
s
i~
t
i
~I
t
i
I~
I
I
I
I
l~
1
P
011292 (PPX-73) -o
(3P002DM> M°221425
508' 2423.10
AE 25-24
C2002r301-325 <PPX>
02026606 (PP) -o
<3P002DM> M°282425
508' 2423.10
ASP 25-24
C2002,301-325 <PP>
99 WARNING
rru w rr r r•.a rr.arw[r111n .nw• 1w
0011* 1 rvr.roae ■ uuro n ..n.a ..m
K k64 -*"VIM tl.o1 ar.•p.
N -v1, .P W r r.• n• W.
rro• prlri r fir. M 'o/IRt Mr Of/~O~
a I[s+,ro,w .warn
IL
1 n1 -a I rus W I [MIrtrclnv
..o, -%-a [.rtl
♦.I . IW.. 11.
4
r~r•,rc•.•nur p
9"0
ouwmu Do" -d *do, ,
11.. 1.14 • M 1-m It McMaI
arl.n.4"c .arr. rl•*$-at
Icwctw I W lprar M p ro.r\t r wan
INI /MOWS • % •r r 1411 NSIO&V rm t- NO
cp.u.g @a An loft"
/)ow PIOWIN6 ovC-n
k~r- gme (/NOEA,
p1oNl, wl1,d RosoRonle
m
PLOW OVER CULVERT I
tiG
L•311
z~
STAGECOACH
_ _
p 3E--~
II729 +
L-1021647
W o
8))292
-11329 (031.4
-2021647 1901 e
r
0 0
Q
141231225
158'212110
M-202150
1950'2413.10
ASP 50.24
mt~ an
:
ry
s'
AEE 25.22
[2802.301.325
02002.351.375
v_
. n•
d
X00,26.50
to
I
n
N
P
C.
~
N
U
'
la
N
'2026606
0
11
m!
!r
,
/
•nz91
•1551 9117 Ib
+3./ dE 2~ ;.10
fqy C2002.301.325
A
FQ 6 ~ •~e2
+~0~02 C 6 ~f2
Q '~3 9
V
,c/o pPF.v ~v %5 -
epgc E I» u5T
RE ,!0 E ~ Gti a,E/c
~obA lNTE~~4,ECTlb
DI17D7
® 511 AREA ISTAIE, Tx
"TCAM&- LOCATE ALL UNDERGROUND
UTILITIES BEFORE DIGGING
PLOW CABLE 3 TO 5 FT IN ROW
WORK SAFELY
'a
DIVISION: TEXAS AREA EXCM,:5116 REM. COa 000
N.C.1 6900 w0 NO.: 3P0820M CONTROL NUMBER:
TITLE. TAC-FOCUS STAGECOACH TAX DST.: 45004
TNP: RNG.: SEC. SAL:
DATE: 04/12/00 EV. DATE: ALE, P-10
FILE: W P 1 I ORwN Etc APRvO PRINT
SET SET 1 OF
1
I
i
I
I
I
I
THIS
PAGE
LEFT
BLAND
INTENTIONALLY
f
PAGE 9O
VOLJ