HomeMy WebLinkAbout2001-10-09-0900AM-Regularo FILED
G a 2001 OCi - S A ID 0 3
BRAZOS COUNTXftEO MCOUEEH•COUNTY Ct.E,RK
BRAN 5 COUNTY. BRYATf7t
BRYAN. TEXAS
BY= '
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE CONGII IISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
OCTOBER 9, 2001 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26' STREET, SUITE 115, BRYAN,
TEXAS.
0 1. Invocation and Pledge of Allegiance - Commissioner Thornton.
2.
Call for citizen input and/or concerns.
Consider
and take action on agenda items 3 - 32:
3.
Budget Amendments 01/02-1.
4.
Personnel Changes of Status.
5.
Payment of Claims.
6.
Adoption of the County Tax Abatement Criteria and Guidelines.
7.
Appointment of directors for the Brazos Valley Groundwater Conservation District.
8.
Tax Abatement Agreement for Universal Computer Services, Inc.
9.
Order authorizing the condemnation of land.
10.
Request for a budget amendment for the 272nd District Court.
l l*
• 12.
Determining the daily reimbursement of expenses for jurors
Contract Amendment providing one year extension for Contract Number 7990003 with
the Texas Department of Protective and Regulatory Services in association with the
District Attorney's Office.
13.
Request by the Emergency Management Coordinator for out-of-state travel to attend the
Local Emergency Planning Conunittoe Conference in Hot Springs, Arkansas, October
29 through November 1, 2001.
14.
Tax Resale Deed and authorization for County Judge to execute the Tax Resale Deed for
a tract of land 75 feet by 100 feet, being Lot 3 and One-Half of Lot 2, Block 1, Starlight
Addition, to Mart Mason and Leila Mason.
15.
Recommended list of Presiding and Alternate Election Judges.
16.
Contract with Texas Voting Systems, Inc. for the Constitutional Amendment Election
on November 6, 2001.
17.
Funding Statement for Fiscal Year 2002 for the MHMR Authority of Brazos Valley.
Commissioners Court Meeting Agenda
October 9, 2001
Page Two
18. Resolution to transfer forfeited and voided juror reimbursements to the Brazos County
General Fund.
19. Interlocal Cooperation Contract with the Texas Department of Public Safety regarding
the "failure to appear/denial of driver's license renewal" program.
20. Financing plan for 2001.
21. Resolution declaring intention to reimburse certain expenditures with borrowing
proceeds.
22. Health Insurance Portability and Accountability Act.
23. Addendum to Administrative Services Agreement with Harrington Benefit Services, Inc.
24. Award of Bid #2002-009, Pavement Markers.
25. Permission to advertise for RFP #2002-019, Environmental Study on tract of land m
Brazos County
26. Service Agreement with Enterprise Rent-a-Car.
27. Blanket Purchase Orders.
28. Request from Verizon to construct road bores and 3,148 feet of buried cable in the rights-
of-way of Lightsey Lane, Los Robles and River Road. Site is located in Precinct 1.
29. Request from Wickson Creek Special Utility District to construct a road bore for water
line installation in the right-of-way of Bird Pond Road. Site is located in Precinct 3.
30. Request from Wickson Creek Special Utility District to constrict a road bore for water
line installation in the right-of-way of Raven Drive. Site is located in Precinct 3.
31. Request from Wickson Creek Special Utility District to construct a road bore for water
line installation in the right-of-way of Dick Elliott Road. Site is located in Precinct 2.
32. Approval of the Treasurer's Report for the month of August, 2001.
33. Acknowledge Orders of the District Judges:
a. Order appointing the County Auditor.
b. Order determining compensation of County Auditor and Assistant County Auditors.
34. Announcement of interest items and possible future agenda topics.
35. Call for citizen input and/or concerns.
36. Convene mto Executive Session pursuant to §551.072 of the Texas Government Code
to discuss acquisition of real property for the Exposition Center.
37. Consider and take action on Executive Session.
38. 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. p
0
FJ&,a
•
COMMISSIONERS' COURT
REGULAR MEETING
OCTOBER 9, 2001
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, October 9, 2001, 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;
• Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Thornton gave the invocation and led the
pledge of allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #01/02-1.1
which would transfer funds to Juvenile State Supplemental
Salaries from Juvenile Salary Supplement. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to approve the budget amendment as
submitted. A copy is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
is Requests. On motion by Commissioner Cauley, seconded by
Commissioner Sims, the Court voted unanimously to approve the
changes with the exception of three positions submitted by the
Information Technology Department.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
20023563 through 20023887
Vol Q Page TS
Commissioners' Court meeting October 9, 2001
2
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Claims as
submitted.
The Court next considered the adoption of the County Tax
Abatement Criteria and Guidelines. On motion by Commissioner
Thornton, seconded by Commissioner Sims, the Court voted
unanimously to adopt the County Tax Abatement Criteria and
Guidelines. A copy is attached.
The next matter before the Court was the appointment of
directors for the Brazos Valley Groundwater Conservation
District. On motion by Commissioner Sims, seconded by
Commissioner Thornton, the Court voted unanimously to appoint
the following:
Rick Conner City of Bryan
Stephen Cast Water District
John Woody City of College Station
A fourth person will be appointed later in the week during a
special session.
The Court next considered An Agreement for Development
and Commercial Tax Abatement by Brazos County, Texas in
Reinvestment Zone Number Thirteen (13) City of College
Station, Texas and Universal Computer Systems. The tax
exemption shall exempt the value of the land, buildings and
the other permanent improvements. Under the conditions of the
abatement the following rates shall be in effect for the
following years:
Year t of Abatement
2001
951k
2002
95%
2003
95*
2004
95g
2005
95%-
2006
95*
2007
95%
2008
8596
2008
85%
2010
85%
Vol 9(p Page
Commissioners' Court meeting October 9, 2001
3
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to grant the tax
abatement to Universal Computer Systems.
The Court proceeded to consider adopting an Order
Authorizing the Condemnation of 159.00 acres of land owned by
Dorothy Bienski. The property is out of the Thomas J. Wooten
Survey, A-59, situated in Brazos County, Texas for the
construction of the Exposition Center. On motion by
Commissioner Thornton, seconded by Commissioner Sims, the
Court voted unanimously to adopt an Order declaring the public
• necessity and convenience for acquiring the property and
ordered the condemnation if the authorized agents and
representatives are unable to acquire the property for the
authorized official offer.
The next matter before the Court was a request for a
budget amendment for the 272 n° District Court. This is for the
gradual reduction in pay for the Court Coordinator. On motion
by Commissioner Jones, seconded by Commissioner Cauley, the
Court voted unanimously to approve the reduction schedule
proposed by Judge Rick Davis.
The Court next considered determining the daily
reimbursement of expenses for jurors. In a memo to the Court,
the District Clerk referred to The Texas Government Code -
Chapter § 61.001, Reimbursement of Expenses of Jurors On
• motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to reimburse jurors at a rate of
$40 per day after the first day served. There is no pay for
the first day of jury service.
The next matter for consideration was a contract
amendment providing one year extension for contract Number
87990003 with the Texas Department of Protective and
Regulatory Services in association with the District
Vol a~P Page 9-7
40
Commissioners' Court meeting October 9, 2001
4
Attorney's Office. The expiration date of the contract is
being changed from August 31, 2001 to August 31, 2002. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to approve the contract amendment.
A copy of amendment is attached.
The next matter for consideration by the Court was a
request submitted by the Director of Emergency Management
seeking approval for out of state travel for herself. Mrs.
DeMerle Giordano would be traveling to Hot Springs, Arkansas
to attend the Local Emergency Planning Committee Conference
October 29 through November 1, 2001. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to grant the request from the Director of
Emergency Management and approved payment of out of state
travel expense for Mrs. DeMerle Giordano.
On motion by Commissioner Cauley, seconded by
Commissioner Thornton, the Court voted unanimously to
authorize the County Judge to execute a Tax Resale Deed to the
following individual:
Mart Mason and Leila Mason - 75 feet by 100 feet,
more or less, being Lot 3 and One Half (M) of Lot
2, Block 1, Starlight Addition, City of Bryan,
Brazos County, Texas, described in Volume 170, Page
284, Deed Records, Brazos County, Texas.
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to appoint the following
persons as presiding judge and alternate judge for the current
voting year at the following voting precincts:
Pct # Election Judge Alternate Judge
28B Rristi Hardy (R)
28A/58/ Lou Ellen Rueeink (R)
59/71/
73/83
Early Voting
Ballot Board Barbara Petty (R)
Vol Page 99
•
Commissioners' Court meeting October 9, 2001
5
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and Texas Voting
Systems, Inc. (TVS) for the Constitutional Amendment Election
on November 6, 2001. TVS will provide the County with
election supplies and services to hold the election. The
cost to Brazos County will be $21,635.00. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to enter into contractual agreement with
Texas Voting Systems, Inc. A copy of the contractual
agreement is attached hereto.
•
The Court next considered approval of the Funding
Statement for Fiscal Year 2002 for the Mental Health Mental
Retardation Authority of Brazos Valley. on motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to make a lump sum payment of $75,000.00 to
the Mental Health Mental Retardation Authority upon the
execution of the document.
The Court next considered adopting a Resolution to
transfer forfeited and voided juror reimbursements to the
Brazos County General Fund. On motion by Commissioner Cauley
Sims, seconded by Commissioner Sims, the Court voted
unanimously to adopt the Resolution.
The next matter before the Court was approval of a
Interlocal Cooperation Contract between Brazos County and the
• Texas Department of Public Safety concerning the "Failure to
Appear/Denial of Driver's License Renewal" program. There
will be no cost to Brazos County. The contract will become
effective after the date that the final signature is set for
and will automatically renew on a yearly basis. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to enter into contractual agreement with the
Texas Department of Public Safety. A copy of the contractual
agreement is attached hereto.
12 ~
Vol C (P Page O
0
Commissioners' Court meeting October 9, 2001 6
The Court next considered a financing plan for 2001. On
motion by Commissioner Sims, seconded by Commissioners Cauley
and Jones, the Court voted unanimously to follow the
recommendations of the Bond Counsel.
The Court next considered adopting a Resolution declaring
intention to reimburse certain expenditures with borrowing
proceeds. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to adopt the
Resolution.
The next matter before the Court was to consider the
Health Insurance Portability and Accountability Act On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to exercise the County's right to
opt out of compliance with certain sections of the Act.
The Court next considered approval of an Addendum to
Administrative Services Agreement with Harrington Benefit
Services, Inc. On motion by Commissioner Cauley, seconded by
Commissioner Sims, the Court voted unanimously to amend the
Administrative Services Agreement between Harrington Benefit
Services, a Division of Healthplan Services, Inc. The
amendments become effective as of November 1, 2001. A copy of
the amendments in attached.
The Court next considered awarding the following bid:
Bid No. 2002-009, Pavement Markers and Striping
Pat Howard, Purchasing Agent, recommended
acceptance of the bid submitted by N-
Line. 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 N-Line. A copy
of the bid tabulation is attached.
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 2002-019 Environmental Study
on a Tract of Land in Brazos County. On motion by
Commissioner q
Vol 9- (e Page l0
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Commissioners' Court meeting October 9, 2001
7
Cauley, seconded by Commissioner Sims, the Court voted
unanimously to authorize the Purchasing Agent to advertise for
bids for an Environmental Study on a Tract of Land in Brazos
County. The County will request the permission of the land
owner prior to conducting the study.
The next matter for consideration was the approval of a
Service Agreement with Enterprise Rent-a-Car. On motion by
Commissioner Sims, seconded by Commissioner Thornton, the
Court voted unanimously to approve the service agreement
contingent on the Purchasing Agent and the Risk Manager
• comparing the supplemental insurance coverage section of the
agreement with last years agreement to see if they are the
same.
The Court proceeded to consider the following blanket
Purchase Orders:
Brazos Center
Metro Planning Org
$500
Eagle
Metro Planning Org
$4,000
Brazos Office Sup
Metro Planning Org
$ 500
Lowes
Brazos Center
$1,000
Lowes
Brazos Center
$1,000
Butterkrust Bakery
Juvenile Services
$ 736
IOS Capital
Juvenile Services
$7,380
Enterprise Rent
Juvenile Services
$ 600
Ben E. Keith
Juvenile Services
$5,700
Lilly Dairy
Juvenile Services
$4,000
Labatt Food Serv
Juvenile Services
$8,500
Scarmardo Produce
Juvenile Services
$3,500
Lone Star Grocery
Juvenile Services
$6,720
Dealers Electric
Bldg Maintenance
$3,000
Aggieland Auto
Constable Pct. 4
$ 500
Mansels Wheel Alig
Constable Pct. 4
$1,000
Pitney Bowes
Non Departmental
$1,000
•
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court
voted unanimously to
approve the Blanket
Purchase Orders as
submitted.
The Court next considered the request from Verizon to
construct road bores and 3,148 feet of buried cable in the
right-of-way of Lightsey Lane, Los Robles and River Road. The
site is located in Precinct 1. The County Engineer noted the
following exception:
Vol 3-tp Page q I
Commissioners' Court meeting October 9, 2001 g
Caution should be taken due to narrow right of way
(50 feet) on River Road to prevent damage to the
flow line of the ditches at the point where
installation will be 5 feet from the right of way
line.
On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the request
from Verizon and authorized the installation subject to
verizon complying with the exception noted with by the County
Engineer. A copy of the request is attached hereto.
The Court next considered the request from Wickson Creek
Special Utility District to construct a road bore for water
line installation in the right-of-way of Bird Pond Road. The
site is located in Precinct 3. The County Engineer stated
that all appeared to be in order and recommended approval. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to approve the request from
Wickson Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto.
The Court next considered the request from Wickson Creek
Special Utility District to construct a road bore for water
line installation in the right-of-way of Raven Drive
approximately 0.1 mile from its intersection with Merka Road.
The site is located in Precinct 3. The County Engineer
stated that all appeared to be in order and recommended
approval. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the request from Wickson Creek Special Utility District and
authorized the installation. A copy of the request is
attached hereto.
The Court next considered the request from Wickson Creek
Special Utility District to construct a road bore for water
line installation in the right-of-way of Dick Elliot Road
approximately 0.3 mile from its intersection with PM 974. The
site is located in Precinct 2. The County Engineer stated
Vol oZ (0 Page q a
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Commissioners' Court meeting October 9, 2001
9
that all appeared to be in order and recommended approval. On
motion by Commissioner Thornton, seconded by Commissioner
Jones, the Court voted unanimously to approve the request from
Wickson Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to receive, approve and
order filed as submitted the Treasurer's report for August
2061. A copy of which is attached to and made a part of these
minutes.
•
The Court proceeded to acknowledge the following Orders
of the District Judges:
a. Order appointing the County Auditor
b. Order determining compensation of the County Auditor
and the Assistant County Auditors
Under announcement of interest items and possible future
agenda topics the County Judge made the following comments:
a) There will be an extensive workshop today
beginning at 10:00 a.m.
b) Commissioners Court will not be in
session next week due to the annual
conference.
c) The fourth individual appointment to the
water Board will be done later in the
week.
Under citizen input and/or concerns, Karen Hall made the
following comments:
Ms. Hall asked about looking through agenda items such as
• payment of claims, budget amendments etc. prior to
Commissioners Court. The County Judge's Administrative
Assistant informed her that those specific items were posted
on the wall of the Commissioners Courtroom. Ms. Hall also
asked if the Executive Session was in reference to the
condemnation of land for the Expo Center, whereupon the County
Judge responded that it was. She wanted to go on record as
opposed to such action for this purpose.
Vol oZ Page 3
40
Commissioners' Court meeting October 9, 2001
10
The Court temporarily recessed at 9:40 a.m. until the
Purchasing Agent could answer Commissioner Cauley's question
on insurance for rental cars (agenda item 26).
The Court reconvened at 9:45 a.m. to allow the Purchasing
Agent to answer Commissioner Cauley's question on insurance
for rental cars. The County Judge stated that this item deals
only with the company extending a line of credit to the County
along with direct billing. He did instruct Risk Management
and the Purchasing Agent to review the agreement on
Commissioner Cauley's request to determine if insurance
coverage is the same. If need be, approval can be rescinded.
There being no further business to come before the Court,
the meeting was adjourned.
Vol o~ Page 9q
•
Commissioners' Court meeting October 9, 2001 7
The foregoing minutes of the Commissioners Court meeting
held October 9. 2001 have been examined and are approved in
~ day of d , 2002 in Bryan,
open Court this the 1.~
Brazos County, Texas.
Alvin W. JoneW
County Judge
Tony Jo s
Commissioner, Precinct 1
• m. S. Thornton
Commissioner, Precinct 2
C rey Ca ey, Jr. ,
Commiss ner, Precin 4
•
Charles B Jones
Commissioner, Precinct 3
G
Karen McQueen
County Clerk
r
Vol j- ~ Page 95
40
BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON Oo+ a 200 L AT 9: oo
•
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2001-2002 BUDGET YEAR
NO. 01/02 01.1
On this the 91n day of October 2001 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, Jr., Commissioner, Precinct 4;
Karen McQueen, County Clerk.
The following proceedings were held:
THAT WHEREAS, on October 9, 2001 the Court heard and approved a
budget amendment for the 2001-2002 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 4, 2001 the following
amendment(s) to the original are hereby authorized, as described on the
attached page(s).
ADOPTED AND APPROVED this the 9th day of October 2001.
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
1-~
•
•
•
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 01/02-1.1
10/9/01
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
310001
517510
Dr.
St.Supplement-TJPC-JPO
60,028.00
01
310001
517511
Dr.
St.Supplement-TJPC-Deten
16,161.00
01
310001
531000
Dr.
Social Security
5,829.00
01
310001
532000
Dr.
Retirement
8,114.00
01
310100
517510
Dr.
St.Supplement-TJPC-JPO
2,310.00
01
310100
531000
Dr.
Social Security
176.00
01
310106
532000
Dr.
Retirement
246.00
01
310500
517510
Dr.
St.Supplement-TJPC-JPO
2,310.00
01
310500
531000
Dr.
Social Security
176.00
01
310500
532000
Dr.
Retirement
246.00
01
480031
Cr
Juv Salary Supplement
95,596.00
30
3121
517510
312102
Dr.
St.Supplement-TJPC-JPO
9,235.00
30
3121
517511
312102
Dr.
1,155.00
30
3121
531000
312102
Dr.
Social Security
795.00
30
3121
532000
312102
Dr.
Retirement
1,106.00
30
3161
517510
316102
Dr.
St.Supplement-TJPC-JPO
9,235.00
30
3161
531000
316102
Dr.
Social Security
706.00
30
3161
532000
316102
Dr.
Retirement
984.00
30
480031
Cr
Juv Salary Supplement
23,216.00
Juvenile Services
To set up budget for the Juvenile State Supplemental Salaries beginning 9/
1/01 through 8/31/02
per grant just received.
118,812.00
118,812.00
n
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PERSONNEL CHANGE OF STATUS
page 1 of 1
COURT DATE: October 9, 2001
DEPARTMENT: Personnel
PURPOSE: Approve Personnel Change of Status
DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED
BRAZOS CENTER MITCHELL, MICHAEL
RESIGNATION
BARRETT, DAVID
NEW HIRE-TEMPORARY
BUILDING MAINT. BLAKE, KIRK
NEW HIRE-FULL TIME
CONSTABLE, PCT 2 CLARK, ARCHIE
MERIT INCREASE
COUNTY AUDITOR MACKEY, STACEY RESIGNATION
COUNTYJUDGE GANDY, SUSAN MERIT INCREASE
DISTRICT ATTORNEY
MUNOZ, MARGARITA
PROMOTION
CLARK, NAOMI R
NEW HIRE-FULL TIME
S. TEZ, ANNA D
PR M ON
E L ~.-T ~tD
KUTIPER, TONY
PROMOTION
_ZQgE:K, ERIC ~
r
r FER FROM CONST, PCT 4
`
JUVENILE SERVICES
VANCE, ROSEANN
NEW HIRE-PART TIME
MPO
BEARDEN, JENNIFER
PROMOTION
PERSONNEL _
CONDE, LETICIA
MERIT INCREASE
PURCHASING, DEPT
RUSSELL, LINDA
^RESIGANTION
STEPHENS, REBECCA A
NEW HIRE-FULL TIME
SHERIFF OFFICE - JAIL DIVISION MACHAN, CONRAD
SALARY INCREASE
TAX OFFICE ZELLER, NANCY C
NEW HIRE-FULL TIME
RICO, JEA14ETTE
NEW HIRE-FULL TIME
MCGRAPi, ANGELA M.
NEW HIRE-FULL TIME
Approved in Commissioners' Court: October 9 2001
County Judge's or Coaunissioner's Signature:
(This copy to be attached to minutes)
.,1 a loo,
u
RESOLUTION
STATE OF TEXAS §
COUNTY OF BRAZOS §
GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT
BRAZOS COUNTY, TEXAS
1.
INTRODUCTION
• WHEREAS, the attraction of long-term investment and the establishment of new jobs in
the County would enhance the economic base of the Country; and
WHEREAS, Brazos County has certain governmental powers that enable it to take
affirmative and effective action to stimulate such growth; and
WHEREAS, tax abatement is one of the principal means by which the public sector and
the private sector can forge a partnership to promote real economic growth within the
community; and
WHEREAS, tax incentives offered must be strictly limited in application to those new or
existing industries that bring new wealth into the community in order to avoid reducing the
needed tax revenues of the County; and
WHEREAS, in addition to keeping the protection of the environment and other natural
resources as high priority, any attempts to stimulate the economy should be relatively assured of
eventual positive economic effects on Brazos County, Texas revenue raising capabilities; and
WHEREAS, the Property Redevelopment and Tax Abatement Act (the "Act) Chapter
• 312 of the Texas Tax Code authorizes the County to provide property tax abatement for limited
periods of time as an inducement for the development or redevelopment of a property; and
WHEREAS, effective September 1, 1987, the Act requires eligible taxing jurisdictions to
establish Guidelines and Criteria as to eligibility for tax abatement agreements prior to granting
any future tax abatement, said Guidelines to be unchanged for a two (2) year period unless
amended or repealed by a three-fourths vote of the Court; and
WHEREAS, this document states guidelines and criteria that the County will utilize in
attempts to assert positive economic development, but should not be read to imply or suggest that
Brazos County, Texas is under an obligation to afford these opportunities to any applicant; and
01-3043 Cm defines And Crueria For Grmtag Tax Abatement
Page 1 oj8
0
WHEREAS, these Cruidelines and Criteria are designed to allow maximum flexibility in
addressing the unique concerns of each applicant while enabling the County to respond to the
changing needs of the community.
NOW, THEREFORE, BE IT RESOLVED, that Brazos County, Texas, acting by and
through its duly elected Commissioners Court, that these Guidelines and Criteria for granting tax
abatement in Brazos County, be and are hereby adopted.
U.
DEFINITIONS
A. "Abatement" means the full or partial exemption from ad valorem taxes of certain real
and/or personal property in a Reinvestment Zone designated for economic development
purposes pursuant to Chapter 312 of the Texas Tax Code.
B. "Agreement" means a contractual agreement between a property owner and/or lessee and
an eligible jurisdiction for the purposes of tax abatement.
C. "Base Year Value" means the assessed value of eligible property January 1 preceding the
execution of the agreement plus the agreed upon value of eligible property improvements
made after January 1 but before the execution of the Agreement.
D. "County" means Brazos County, Texas.
E. "Deferred Maintenance" means improvements necessary for continued operations which
do not improve the productivity or alter the process technology.
F. "Distribution Center Facility" means buildings and structures, including machinery and
equipment, used or to be used primarily to receive, store, service, or distribute goods or
materials owned by the facility operator where a majority of the goods or services are
distributed to points at least fifty (50) miles from its location in the County.
G. "Expansion" means the addition of buildings, structures, fixed machinery, or equipment
for purposes of increasing production capacity.
H. "Facility" means property improvements completed or in the process of construction
which together comprise an integral whole.
I. "Manufacturing Facility" means buildings and structures including machinery and
equipment, the primary purpose of which is or will be the manufacture of tangible goods
or materials or the processing of such goods or materials by physical or chemical change,
including the assembly of goods and materials from multiple sources in order to create a
finished or semi-finished product.
"Modernization" means the replacement and upgrading of existing facilities which
increases the productivity input or output, updates the technology or substantially lowers
01
01-3045 Guidelines And Criteria For Granting Tax Abatement Page 2 of 8
the unit cost of the operation. Modernization may result from the construction, alteration,
or installation of buildings, structures, fixed machinery or equipment. It shall not be for
the purpose of reconditioning, refurbishing, or repairing except as may be integral to or in
direct connection with an existing expansion.
•
•
K. "New Facility" means a property previously undeveloped which is placed into service by
means other than or in conjunction with expansion or modernization.
L. "Other Basic Industry" means buildings or structures including fixed machinery and
equipment not elsewhere descried, used or to be used for the production of products or
services which serve a market primarily outside the County and result in the creation of
new permanent jobs and create new wealth in the County.
M. "Personal Property" means tangible personal property located on the real property,
excluding that personal property located on the real property prior to the period covered
by the abatement with the County, and other than inventory or supplies.
N. "Productive Life" means the number of years a property improvement is expected to be
in service.
0. "Project" means any property improvement including expansion, modernizations, and
new facilities; but excluding any deferred maintenance.
P. "Reinvestment Zone" means any area of the County which has been designated a
reinvestment zone for tax abatement purposes and which is located within the taxing
jurisdiction of the County. It is the intent of the County to designate reinvestment zones
on a case-by-case basis in order to maximize the potential incentives for eligible
enterprises to locate or expand within the County.
Q. "Regional Entertainment Facility" means buildings and structures, including machinery
and equipment, used or to be used to provide entertainment through the admission of the
general public where the majority of the users reside at least fifty (50) miles from its
location in the County.
R. "Regional Service Facility" means buildings and structures, including machinery and
equipment, used or to be used to provide services to the general public.
S. "Research Facility" means buildings and structures, including machinery and equipment,
used or to be used primarily for research or experimentation to improve or develop new
tangible goods or materials or to improve or develop the production processes thereto.
T. "Targeted Enterprise" means the following facilities - distribution center facility,
manufacturing facility, regional entertainment facility, research facility, regional service
facility, or any other basic industry.
01-3045 Guldehnv And Criteria For Granting Tax Abatement
VIDL__
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Page 3 of 8
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M.
CRITERIA FOR TAX ABATEMENT
A. General Criteria. All applications must meet the following general criteria before being
considered for tax abatement:
1. The project expands the local tax base.
2. The project creates permanent full time employment opportunities.
3. The project would not otherwise be developed.
4. The project makes a contribution to enhancing further economic development.
5. The project must remain in good standing with all governmental and
environmental regulations.
6. The project has not been started and no construction by the applicant has
commenced at the time the application is approved.
7. The project must not have any of the following objections:
a. there would be substantial adverse affect on the provision of government
services on tax base;
b. the applicant has insufficient financial capacity;
C. planned or potential use of the property would constitute a hazard to
public safety;
d. planned or potential use of the property would create adverse impacts to
adjacent properties;
e. any violation of laws of the United States or State of Texas or ordinances
of the City of Bryan or City of College Station, Texas or orders of Brazos
County, Texas would occur; or
f, it is in an improvement project financed with tax increment bonds.
B. Specific Criteria. If the project in the application meets the general criteria, is a facility
of a Targeted Enterprise and has a capital cost that exceeds One Million and No/100
Dollars ($1,000,000.00) then abatement of any or all of the increased value will be
considered. In no case would tax abatement exceed the maximum allowed by state law,
presently 100% for ten (10) years. Factors to be considered in determining the portion of
01-3045 Guidelines And Criteria For Granting Tax Abatement
Page 4 0f8
•
the increased value to be abated and the duration of the abatement agreement include, but
are not limited to:
1. Total amount of the increased value;
2. Total number of jobs created;
3. Type of jobs created;
4. Dollar Value of payroll created;
5. Other costs and revenues associated with the application.
IV.
APPLICATIONS FOR REINVESTMENT ZONES AND TAX ABATEMENTS
is A. All requests for reinvestment zones and tax abatement in the jurisdiction of Brazos
County, Texas shall be made by filing a written application with the County
Commissioners Court after addressing all criteria questions contained in this document.
An application for designation of a reinvestment zone and for tax abatement may be
combined and submitted jointly. Such applications may be filed with an agent or
representative of the County hired to administer the County's program of tax abatement.
All applications shall include the following unless the County has waived a requirement
that it has deemed unnecessary to properly evaluate the request:
a general description of the project including purpose and explanation of the kind,
number and location of all proposed improvements as well as how the project will
meet the criteria established by this document.
2. a plat showing the precise location of the property and all improvements thereon,
all roadways within 500 feet of the site and all existing zoning and land uses
within 500 feet of the site, (a complete legal description shall be provided if the
property is described by metes and bounds).
03. a complete estimated cost of the project by land, building, equipment, inventory
and personalty categories.
4. a description of the methods of financing all estimated costs and the time when
related costs or monetary obligations are to be incurred.
5. estimated number of employment opportunities the project creates over the period
of the abatement, including gross annual payroll of permanent full time and part
time employees remaining after construction is complete.
6. a detailed time schedule for undertaking and completing the project.
01-3045 Guulelmes And Criteria For Granting Tax Abatement Page 5 of 8
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7. a fee in the amount of One Thousand and No/100 Dollars ($1,000.00).
B. After reviewing the application, if the County staff, its agent or representative finds the
application to be complete and accurate and meets the criteria established by this
document, the County Staff, its agent or representative will then do or cause to have done
an impact study, which the applicant may be required to pay or participate in paying for,
setting forth the impact of the proposed reinvestment zone and tax abatement agreement.
This study shall include, but not be limited to, a cost benefit analysis of the creation of
the reinvestment zone and the abatement of taxes.
C. After establishing the benefits of the proposal, the County staff, its agent or
representative may propose that the County offer a tax abatement agreement. The County
will then meet with representatives of each governing body of every taxing unit that the
proposed reinvestment zone involves; this is to determine each taxing unit's intentions of
entering into a tax abatement.
D. The County staff, its agent or representative will then inform the applicant of the
potential tax abatement agreement, the intentions of the other taxing units on tax
abatement agreements, and what other incentives will be offered for the proposed project.
E. Having completed all the required steps in the process, and having been assured by the
applicant that it wishes to proceed, the County may then follow procedures in accordance
with Texas Tax Code Chapter 312 (Vernon 1989), as amended, and establish a
reinvestment zone and tax abatement agreement.
V.
DESIGNATION OF A REINVESTMENT ZONE AND TAX ABATEMENT
A. Prior to granting tax abatement, Brazos County by Order must designate an area as a
reinvestment zone unless such zone has been previously established by a municipality
within the County. Prior to adopting such an Order the County Commissioners Court
must conduct a public hearing on the designation that entitles all interested persons to
speak and present evidence for or against the designation. Not later than the seventh day
before the date of the hearing, notice of the hearing must be:
1. Published in a newspaper having general circulation in the County. 11---~
2. Delivered in writing to the presiding officer of the governing body of each taxing
unit that includes in its boundaries real property that is to be included in the
proposed reinvestment zone.
B. The County by resolution may enter into a tax abatement agreement. At least seven (7)
days before entering into the agreement, the County will deliver written notice of its
intent to each taxing unit that is included in the reinvestment zone.
01-3043 Guideiiiw And Criteria For Granting TaxAdatentent
Page 6 of 8
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Any agreement will include, but not limited to, the following specific terms:
a. all appropriate stipulations included in the application, as outlined by this
document, for a reinvestment zone and tax abatement agreement.
b. the amount and duration of the tax abatement.
C. a method for determining the qualifications of meeting the criteria and a
warranty and guarantee to meet and maintain these qualifications over the
term of the agreement; the County will be allowed, upon written request
and reasonable notice, to inspect and audit such records of the applicant as
are necessary to substantiate that the applicant is meeting criteria agreed
upon during the term of the abatement.
d. a provision that in the event the agreement is terminated for whatever
reason or the applicant fails to fulfill the terms and provisions thereof, the
• tax abatement agreement will be determined null and void and all or some
portion of abated taxes, as may be determined by the Commissioners
Court in its sole discretion, shall be paid immediately to the County.
e. access to and authorized inspection of the property by County employees,
agents or representatives to ensure that the improvements or construction
are made according to specifications and conditions of the agreement.
C. An agreement may be modified or terminated by the mutual consent of the parties in the
same manner that the agreement was approved and executed; provided however, the
agreement may not be altered to provide for tax abatement for a period of more than ten
(10) years.
EXECUTED in open Court the 91 day of OcT. , 2001.
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01-3045 Guidelines And Cnlena For Granting Tax Abatement
tea'- 1~ 0 7
BRAZOS COUNTY, TEXAS
By:
6j-
Judge ones zl-1
By:
Page 7 of 8
C7
By:
iIHam S. Thomton, Sr., Precinefl,
By:
0I-3045 Guidelines And Criteria For Granting Tax Abatement
Randy
By:
Carey CaW0 ecinct 4
Page 8 W
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AGREEMENT FOR DEVELOPMENT AND COMMERCIAL TAX
ABATEMENT BY BRAZOS COUNTY, TEXAS IN REINVESTMENT ZONE NUMBER
THIRTEEN (13) COUNTY OF COLLEGE STATION, TEXAS
STATE OF TEXAS §
COUNTY OF BRAZOS §
This Agreement entered into by and between the BRAZOS COUNTY, TEXAS, a
•
political subdivision of the Sate of Texas, acting herein by and through its duly elected
Commissioners Court (hereinafter referred to as "COUNTY"), UNIVERSAL COMPUTER
SERVICES, INC.; DEALER COMPUTER SERVICES, INC.; RENTAL SYSTEMS, INC.;
and UNIVERSAL COMPUTER SYSTEMS, INC., all of the aforementioned being Delaware
Corporations (hereinafter collectively referred to as "OWNER") acting herein by and through
their respective duly authorized agents;
WITNESSETH:
WHEREAS, the County Commissioners Court of Brazos County, Texas, ("COURT") on
October 9, 2001, adopted by court order, Criteria and Guidelines For the Granting of Tax
Abatement in Brazos County, Texas.
WHEREAS, the City Council of the City of College Station, Texas, by ordinance,
•
established Reinvestment Zone Number Thirteen (13) for Commercial Tax Abatement, City of
College Station, Texas ("ZONE") as authorized by ARTICLE 1066F, V.T.C.S., as amended; and
V.T.C.A., TAX CODE §312.201; and
WHEREAS, in order to provide for the proper development of such property and to aid in
the conduct of the operation thereof to the best interest of the COUNTY in accordance with the
above-referenced order, ordinances and statutes, the parties do mutually agree as follows:
1. The property that is the subject matter of this Agreement is the land area identified
by the shaded area on Exhibit,"A", attached hereto and incorporated herein for all purposes, and
01-3046 AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT
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Page I of 12
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also referred to as Lots 2-A and 2-13, Block I, of the Business Center at College Station, Phase
One, by plat filed in the Official Records of Brazos County, Texas, on April 17, 2001, in Volume
4117, Page 259, which plat is incorporated herein by reference as if expressly set out in full,
which tract is hereinafter referred to as "PROPERTY" and together with all fixtures and
permanent improvements shall be referred to as the "PREMISES".
2. In consideration of OWNER's construction of approximately EIGHT MILLION
FOUR HUNDRED THOUSAND DOLLARS and NO CENTS ($8,400,000.00) of real and
personal property improvements as set forth in Paragraph 10 hereof and the creation of jobs as set
forth in Paragraph 9 below, COUNTY agrees, subject to the terms and conditions contained
herein, that the above-described PREMISES shall be entitled to an exemption from taxation for
the increase in value for said PREMISES as provided for in Section 13 of this Agreement for a
period of ten (10) years, and that upon the expiration of such time this Tax Abatement
Agreement shall terminate. OWNER acknowledges and agrees that the purpose of COUNTY in
entering into this Tax Abatement Agreement is to encourage development of the PROPERTY in
Reinvestment Zone Number Thirteen (13) and, therefore, OWNER agrees to limit the use of the
PREMISES and PROPERTY to further said purpose.
3. OWNER agrees that the site plan, interior and exterior design drawings,
specifications and materials ("PLANS") for each improvements will be submitted to COUNTY,
and/or its designated representative, for its approval, which PLANS are incorporated herein for
all purposes. An official set of PLANS will be designated by the OWNER and kept on file with
the COUNTY.
4. OWNER agrees to construct all improvements in accordance with all applicable
laws, ordinances, orders, codes, rules, requirements or regulations of the City of College Station,
Brazos County, the State of Texas, and the United States, and any subdivision, agency or
authority thereof in effect at the time of development.
5. In the event PREMISES are damaged by fire or any other casualty, if OWNER
shall pursue diligent repair of such damages in order to complete the repair, remodel or
01-3016 AGREEMENTFOR DEVELOPMENTAND TTAXAABATF f ENT Page 2 of 12
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renovation of PREMISES in accordance with the PLANS or revised PLANS, then the exemption
from taxation as provided for in this Agreement shall only cease during the time that the
PREMISES are being repaired, remodeled, or renovated; and when PREMISES are restored to
their prior condition, the exemption from taxation shall commence for the full term of the
exemption. Should OWNER decide not to repair, remodel, or renovate the damaged
PREMISES, then the exemption from taxation as provided for in this Agreement shall cease, the
PREMISES will be taxed at full market value, and OWNER, shall repay to COUNTY the
amount of the tax previously abated in prior years.
6. COUNTY, by approving the PLANS or any revised PLANS, assumes no
liability or responsibility therefor for any defect in any structure constructed, renovated, or
repaired from the PLANS or approved revised PLANS. The relationship between
COUNTY and OWNER at all times shall not be deemed a partnership or joint venture for
purposes of this Agreement.
OWNER agrees to and shall indemnify and hold harmless and defend
•
COUNTY, its officers, agents, and employees, from and against any and all claims,
losses, damages, causes of action, suits, and liability of every kind, including all
reasonable expenses of litigation, court costs, and reasonable attorney's fees, for injury to
or death of any person, for damage to any property, for any breach of contract, or its
failure to abide by all applicable environmental laws, rules and regulations arising out of
or in connection with OWNER's operation and construction of its Business Facility.
Furthermore, the indemnity provided for in this paragraph shall have no application to
any claim, loss, damage, cause of action, suit, and liability where the injury, death, or
damage results from the negligence of the COUNTY, and the COUNTY's percentage of
fault is deemed to be equal to or greater than fifty percent (50%) of the fault.
7. At all reasonable times during the construction of PREMISES, and following its
completion, COUNTY and its respective designees may inspect PREMISES in order to ensure
that all construction, workmanship, materials and installations involved in or incident to the
01-3046 AGREEMENT FOR DEVELOPMENTAND~TAX ABATEMENT Page 3 of 12
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project are performed in substantial compliance with the approved PLANS therefor and that
the PREMISES comply with all of the conditions and the applicable building permits and
governmental regulations.
8. OWNER agrees to pay all ad valorem taxes and assessments that may be owed to
COUNTY or any other taxing entity by it prior to such taxes and/or assessments becoming
delinquent; provided, that OWNER shall have the right to contest in good faith the validity or
application of any such tax or assessment and shall not be considered in default hereunder so
long as such contest is diligently pursued to completion. In the event OWNER does contest any
such tax or assessment, it shall, nevertheless, promptly pay to COUNTY or any other taxing
entity, prior to its becoming delinquent, taxes and assessments. If OWNER undertakes any such
contest, it shall so notify COUNTY and keep COUNTY apprised of the status of such contest.
Should OWNER be unsuccessful in such contest, OWNER shall promptly pay the taxes,
penalties, and/or interest, resulting therefrom. This Agreement shall not take effect until such
time as OWNER has paid all such taxes.
9. OWNER represents and agrees to the following employment and payroll
projections:
End of year
Full Time Payroll
Part Time Payroll
Gross Payroll
2002
100 $2,200,000
20 $145,600
$2,345,600
2003
200 $5,200,000
50 $390,000
$5,590,000
2004
300 $8,400,000
100 $832,000
$9,232,000
2005 thru 2010 same as 2004.
The above payroll numbers are annualized, based on the last payroll date in the
month of December each year. The "last payroll date in the month of December" shall mean, for
purposes of this paragraph, the last payroll distribution in the month of December. For example,
if the regular payroll is distributed to the employees on a weekly basis, every Wednesday, the last
payroll distribution for 2002 will be on Wednesday, December 25, 2002, for 2003, Wednesday,
December 31, 2003, etc.
01-30 6 AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT Page 4 of 12
OL- 1 1 11- .
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Full-time Employees shall mean any employee (excluding temporary or seasonal
employees) on the payroll in a budgeted position and having an officially scheduled workweek of
40 hours or more.
Part-time Employees shall mean any employee (excluding temporary or seasonal
employees) on the payroll in a budgeted position and having an officially scheduled work week
of less than 40 hours.
10. OWNER agrees to invest $7,000,000.00 for real property improvements and
infrastructure improvements and $1,400,000.00 in furniture, fixtures, and equipment associated
with the operation of the facility to be built on the Property (herein the "Business Facility') on or
• before December 31, 2002.
11. The parties herein agree that the COUNTY shall have the right annually to an on-
site inspection of the PREMISES to verify that OWNER is in substantial compliance with the
terms of this Agreement and any other Agreement executed by the parties herein. COUNTY
agrees to provide reasonable notice beforehand of any such request for inspection. Additionally,
OWNER shall submit to the COUNTY and/or the Bryan-College Station Economic
Development Corporation, on an annual basis, the information or reports necessary for the
monitoring of the performance criterion established in this Agreement. The submission shall be
certified by a Certified Public Accountant or in-house accountant and the President or designee
of the OWNER, at OWNER's expense.
12. Default
• 12.1 Capital Investment Default
As of December 31, 2002, if OWNER has failed to meet the capital investment
set forth in Paragraph 10 above, the COUNTY may, at COUNTY's sole option, require OWNER
to repay all the taxes abated herein to date on a prorated basis. The proration formula shall be a
percentage based on the actual capital investment amount relative to the Capital Investment
Projection times the amount of Tax Abatement received to date.
01-3046AGREEMFNT FOR DEVELOPMENT RAND TTAX ABATEMEW 3 Page S of 12
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For example:
Capital Investment Projection Amount: $8,400,000
Actual Capital Investment Amount Expended $7,000,000
$8,400,000 - $7,000,000 = $1,400,000
$1,4 00,000 divided by $8,400,000. =.166
.166 x 100 = 16.6%
16.6% x total taxes abated to date = amount of repayment
Additionally, if, as of December 31, 2002, OWNER has failed to construct the
Business Facility, COUNTY may, at COUNTY's sole option, terminate this Agreement.
12.2. Gross Payroll Default
If at the end of any calendar year during the term of this Agreement, OWNER
fails to meet the total Gross Payroll set forth in Paragraph 9 above, OWNER shall be in default.
COUNTY shall notify OWNER in writing of its default, and OWNER shall have thirty (30) days
after receipt of such written notice, to cure any default. If OWNER fails to cure its default, the
COUNTY may, at COUNTY's sole option require OWNER to repay the current year's Tax
Abatement on a prorated basis. The proration formula for this Section shall be the percentage
premised upon the actual Gross Payroll relative to the Target Gross Payroll times the amount of
Tax Abatement received during the current year.
For Example:
Gross Payroll Target: $9,232,000
Actual Gross Payroll: $9,000,000
$9,232,000 - $9,000,000 = $232,000
$232,000 divided by $9,232,000 = 0.0251 x 100 = 2.51%
2.51 % x total Taxes Abated for current year = amount of repayment
12.3. Cessation of Operations
In the event that OWNER ceases operating at the Business Facility anytime within
ten (10) years from the Execution Date of this Agreement, OWNER shall be in default.
COUNTY agrees to provide OWNER written notice of its default. If said default is not cured
within thirty (30) working days from the date written notice is received from COUNTY
01-3046 AGREEMENT FOR DEVF.LOPMENT AND TAX ABATEMENT 11 Page 6 of 12
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regarding its default, the COUNTY may, at COUNTY's sole option, terminate Tax Abatement to
OWNER after the date of this default and recapture any abated taxes.
12.4. Payment of Taxes After Default
Should the OWNER be required to pay the COUNTY the taxes that would have
•
been paid to COUNTY had the taxes not been abated under the terms of this Agreement, it shall
pay such recaptured taxes plus interest at the rate provided for delinquent taxes in accordance
with V.T.C.A., Tax CODE, SECTION 33.01. Such payment of taxes and interest shall be due
within thirty (30) days of COUNTY's termination of this Agreement and notification to OWNER
of the termination of this Agreement and of the amount of taxes and interest due. The taxes and
interest are delinquent and incur penalties as provided by law for ad valorem taxes imposed by
COUNTY if not paid before February I of the year following the date on which the termination
of this Agreement occurs.
If OWNER believes that such recapture is improper, OWNER may file suit in the
•
Brazos County district courts appealing such termination within sixty (60) days after the written
notice of the termination by the COUNTY. If an appeal suit is filed, OWNER shall remit to the
COUNTY, within such sixty (60) days after the notice of termination, any additional and/or
recaptured taxes as may be payable during the pendency of the litigation pursuant to the payment
provisions of SECTION 42.08, TEXAS Tax CODE. If the final determination of the appeal
increases OWNER's tax liability above the amount of tax paid, OWNER shall remit the
additional tax to the COUNTY pursuant to SECTION 42.42, TExAs TAx CODE. If the final
determination of the appeal decreases OWNER's tax liability, the COUNTY shall refund the
OWNER the difference between the amount of tax paid and the amount of tax for which
OWNER is liable pursuant to SECTION 42.43, TExAs TAx CODE. COUNTY's exercise of any
recapture of abatement or portion thereof as provided herein shall not constitute a default by
COUNTY.
01-3046 AGREEMENT FOR DEVELOPMENTAND TAX ABATEMENT
Page 7 of 12
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13. Abatement Schedule OWNER shall certify in writing to COUNTY that all
construction of the improvements to the PREMISES have been completed in accordance with the
approved plans. After receipt of this certification, COUNTY shall make a final inspection of
PREMISES to verify whether PREMISES have been constructed in compliance with this
Agreement; and that upon so finding, COUNTY shall issue a Certificate of Compliance.
The tax exemption provided for by this Agreement shall exempt the value of the
land, buildings and the other permanent improvements. Taxes on personalty shall also be abated
but only on those items of personalty described on a schedule of property to be furnished to the
COUNTY no later than December 31, annually, and approved as eligible for abatement pursuant
to the TEXAS TAX CODE. This tax abatement shall apply to the value of the PREMISES and
personalty over and above the certified value of the PROPERTY for the 2001 tax year. Such
abatement shall be effective for the following years and in the following percentages under the
terms, conditions and limitations provided herein:
YEAR
% OF ABATEMENT
2001
95%
2002
95%
2003
95%
2004
95%
2005
95%
2006
95%
2007
95%
2008
85%
2009
85%
2010
85%
The Chief Appraiser of the Brazos County Appraisal District shall annually
determine (i) the taxable value of the real and personal property comprising the PREMISES
taking into consideration the abatement provided by this Agreement, and (ii) the full taxable
value without abatement of the real and personal property comprising the PREMISES. The
Chief Appraiser shall record both the abated taxable value and the full taxable value in the
records. The full taxable value figure listed in the appraisal records shall be used to compute the
amount of abated taxes that are required to be recaptured and paid in the event this Agreement is
01-3046 AGREEMENT FOR DEVELOPMEN.' AND TAX ARATEMEW Page 8 of 12
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terminated in a manner that results in recapture. Each year the OWNER shall famish the Chief
Appraiser with such information outlined in CHAPTER 22, TEXAS TAX CODE, as amended, as may
be necessary for the administration of this Agreement. This tax abatement shall apply to the
value of the PREMISES over and above the certified value as determined by the Brazos
County Appraisal District for the 2001 tax year (herein the Base Year) in the amount of FIVE
HUNDRED FORTY-FOUR THOUSAND NINE HUNDRED SEVENTY and N011 00
DOLLARS ($544,970.00)
14. Miscellaneous.
a. Attome)~s Fees. If on account of any breach or default by OWNER of its
• obligations under the terms, conditions, or covenants of this Agreement, it shall be necessary for
COUNTY to employ an attorney or attorneys to enforce or defend any of the rights or remedies
hereunder; and should COUNTY prevail, COUNTY shall be entitled to any reasonable attorney's
fees, costs, or expenses incurred by it in connection therewith.
b. Severability. If any provision of this Agreement is held to be illegal,
invalid, or unenforceable under the present or future laws effective while this Agreement is in
effect, such provision shall be automatically deleted from this Agreement and the legality,
validity and enforceability of the remaining provisions of this Agreement shall not be affected
thereby; and in lieu of such deleted provision, there shall be added automatically as part of this
Agreement a provision that is similar in terms and substance to such deleted provision as may be
possible and yet be legal, valid and enforceable.
• c. Texas Law To Awl y. This Agreement shall be construed under and in
accordance with the laws of the State of Texas and all obligations of the parties created
hereunder are performable in Brazos County, Texas. In the event of litigation, jurisdiction shall
lie in Brazos County, Texas.
d. Prior Agreements Superseded. This Agreement constitutes the sole and
only Agreement of the parties hereto and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
01-3046 AGREEMENT FOR DEVELOPMENT AND TAXABATEMENT Page 9 of 12
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e. Amendments. No amendment, modification or alteration of the terms
hereof shall be binding unless the same shall be in writing, dated subsequent to the date hereof
and duly executed by the parties hereto.
f. Rights and Remedies Cumulative. The rights and remedies provided by
this Agreement are cumulative and the use of any one right or remedy by either party shall not
preclude or waive its rights to use any or all of their remedies. Said rights and remedies are given
in addition to any other rights the parties may have according to law, statute, ordinance or
otherwise.
g. No Waiver. No waiver by COUNTY in any event of default, or breach of
any covenant, condition or stipulation herein contained shall be treated as a waiver of any
subsequent default or breach of the same or any other covenant, condition or stipulation hereof.
h. Assignment. This Agreement may not be assigned by any OWNER either
collectively or individually without the prior written consent of the COUNTY. Additionally, a
change in ownership in a single transaction, of fifty-one percent (51 of the stock of any one
OWNER, or the transfer of ownership of any one OWNER, shall be considered an assignment
for purposes of this paragraph. An assignment as prohibited above shall cause this agreement to
terminate immediately and the exemption from taxation as provided for herein shall cease. Such
assignment shall, however, not be considered a violation of this Agreement as to require the
recapture of any taxes previously abated herein.
i. Authority to Act. The parties to this Agreement shall provide proof of
authorization to execute this document.
01-3046 AGREEMENT FOR DEVELOPMENTAND TAX ABATEMENT Page 10 of 12
•
The parties hereto have executed or caused to be executed by their duly authorized
officials, this Agreement in multiple counterparts, each of equal dignity, on this day
of October, 2001.
UNIVERSAL COMPUTER SYSTEMS, INC. BRAZOS COUNTY, TEXAS
BY: di2~2~~ BY:
Carlan M. Cooper, Vice Presi nt Alvin . Jones, udge
UNIVERSAL COMPUTER SERVICES, INC. ATTEST:
• BY: dL~jm~'~ B :
Carlan M. Cooper, Vice P sident McQueen, Coup Jerk
DEALER COMPUTER SERVICES, INC.
BY: dz-~'o jxrx~'
Carlan M. Cooper, Vice es' ent
RENTAL SYSTEMS, INC.
BY:
Carlan M. Cooper, Vice sident
•
01-3046 AGREEMENT FOR DEYELOPbf&WANpD TAXXAABATEMENT Page 11 oj12
0
STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared Alvin W. Jones, as
County Judge of the Brazos County, Texas, a political subdivision of the State of Texas,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
C~-
Given under my hand and seal of office on this the day of October, 2001.
rn~~ BEATR1Z D. GREEN
i
ff MY COMM.rSSION OVUM )qotdry b ' r and fo
June 11, 2W2 the State of as
THE STATE OF TEXAS
COUNTY OF HARRIS
ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared CARLAN M.
COOPER as Vice President of UNIVERSAL COMPUTER SERVICES, INC., DEALER
COMPUTER SERVICES, INC., a Delaware corporation, RENTAL SYSTEMS, INC., a
Delaware Corporation, and UNIVERSAL COMPUTER SYSTEMS, INC., a Delaware
Corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the day of _ DUB &a' .2001.
r ~A F, )ACks
~Jr pUe4~ O
Notary Public in for the
State of Texas
Of 4,
01-3046 AGREEMENT FOR DEVEWPMENTAND TAXARATEMENT Page 12 of 12
VOL. orm
1104;W_+wv. w
•
FIELD NOTES
Lots 2-A and 2-13, Block I
THE BUSINESS CFNCER AT COLLEGE STATION
16.681 ACRES
Being all that certain tract or parod of land lying and being situated in the S.W. ROBERTSON SURVEY,
Abstract No. 202, College Station, Bahms County, Texas and being all of the 6.498 acre tract called Lot 2-A
and all of the 10.183 acre tract called Lot 2-B, Block 1 aocording to the replat of THE BUSINESS CENTER
AT COLLEGE STATION, PHASE ONE recorded in Vohrme 4117, Page 259 of the Official Records of Brazos
County, (O.R.B.C.) and being more particularly described by metes and bounds at follows:
BEGINNING: at a found 1/2-inch iron rod marking the most southern common caner of Lot 1, Block 1,
according to the Replat of THE BUSINESS CENTER AT COLLEGE STATION, PHASE ONE recorded in
Volume 2970, Page 149 (O.R.B.C.) and Lot 2-A, Block 1 of said Replat of THE BUSINESS CENTER AT
COLLEGE STATION, PHASE ONE (4117259), said iron rod also being in the north right-of-way line of
Quality Circle (based on a 70-foot width);
THENCE: N 48' 46' S6" W along the common line of said lots for a distance of 269.87 feet, said iron rod also
bring in the southeast line of Tract A, PEBBLE CREEK PHASE 5A as recorded in Volume 2193, Page 303
(O.RB.C.);
THENCE: N 41' 13'04'E fora distance of 538.17 feet and
N 48' 00' 31' E far a distance of 232.14 feet along the common line of said Lot 2-A and the
•
southeast line of said PEBBLE CREEK, PHASE SA to a found 12-inch iron rod for comer, said iron rod also
being in the southwest line of Lot 19, Block 25 of PEBBLE CREEK, PHASE 5D as recorded in Volume 2541,
Page 239;
THENCE: S 47' 10' 45" E for a distance of 20.50 fed to a found 12-inch iron rod marking the south comer of
said Lot 19;
THENCE: N 44' 02' 25' E along the southeast line of Lots 19 and 20, Block 25 PEBBLE CREEK PHASE 5D
for a distance of 182.65 feet to a found 12-inch Iron rod marking the north comer of said Lot 2-13 and the
northwest comer of PEBBLE CREEK, PHASE 6 as recorded in Volume 2867, Page 7 (O.R.B.CJ;
THENCE: S 43' 57' 04" E for a distance of 1576.71 feet along the southwest line of said Phase 6 to a found
12-inch iron rod marldng the east comer of said Lot 2-13;
THENCE: S 39' 42' 30" W for a distance of 305.61 feet to a chiseled 'x' set in a co,= c sidewalk for the most
southerly coma of said Lot 2-B and being in the beforementioned right-of-way line of Quality Circle;
THENCE: 28.76 feet in a counter-clockwise direction along the arc of a curve in said Quality tack
line, said emw having a central angle of 14' 58' 58", a radius of 110.00 feet, a tangent of 14.46 feet
and a long chord bearing N 36' 2T 35" W at a distance of 28.68 feet to a found I!2-inch iron rod for
the Point of Tangcncy;
THENCE: N 43' 37' 04' W continuing along the north line of Quality Circle for a distance of 760.84 fed to a
found 12=melt iron rod for the Point of Curvature of a curve to the let(;
THENCE: 885.49 feet along the are of said curve having a central angle of 94' 49' 52", a radiw of
535.00 feet, a tangent of 582.13 feet and a long chord bearing S 88' 38' 00" W at a distance of 787.82
feet to a found 1/2-inch iron rod for the Point of Tangency;
• THENCE: S 41' 13' 04' W for a distance of 49.34 fat to the POINT OF BEGINNING and containing 16.681
acres of lard, more or less.
This description is based on the Lard Title Survey and Plat prepared by Michael R. McClure, Registered
Professional Land Surveyor No. 2859, State of Texas on September 7, 2001, and substantially complies with
the current Texas Society of Professional Surveyors, Standards and Specifications for a Category IA, Condition
13 Survey.
9 y of
Michael R McClure, R.P.L.S. 112859
` XHIBITA
~lv t a a 1 _
40
lit
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1 1 anrr+o.., ~ 1
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ME-
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An'
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couni' $rA~~gqyy fHOr QYC AS
iSSf:lri..'•♦ri~~1.YtL".SL'••'• AlEL1C14AfDN 1~l~Lrt117, fNAE tJ9
As Atdv"W
af/t~471t• A
COUNTY COMMISSIONERS COURT, BRAZOS COUNTY, TEXAS
ORDER NO.
AN ORDER OF BRAZOS COUNTY, TEXAS DECLARING THE PUBLIC
NECESSITY AND CONVENIENCE FOR ACQUIRING 159.00 ACRES OUT OF
THE THOMAS J. WOOTEN SURVEY, A-59 SITUATED IN BRAZOS COUNTY,
TEXAS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO, INCORPORATED HEREIN AND MADE A PART HEREOF FOR
ALL PURPOSES, OWNED FOR THE PUBLIC PURPOSE AND USE OF AND
FOR THE LOCATION AND CONSTRUCTION OF THE BRAZOS COUNTY
EXPOSITION CENTER, AND ACCOMPANYING APPURTENANCES WITHIN
BRAZOS COUNTY, TEXAS, AS APPROVED BY THE VOTERS OF BRAZOS
COUNTY BY PUBLIC ELECTION, AND ORDERING THE CONDEMNATION
OF SAID PROPERTY IF BRAZOS COUNTY, TEXAS STAFF OR
AUTHORIZED AGENTS AND REPRESENTATIVES ARE UNABLE TO
• ACQUIRE THE PROPERTY FOR THE AUTHORIZED OFFICIAL OFFER.
WHEREAS, Brazos County, Texas hereby determines and declares that a public
necessity and convenience exist for the acquisition of the property described in Exhibit
"A" attached hereto, incorporated herein and made a part hereof, for the public purpose
and use of and for the location and construction of the Brazos County Exposition Center
and its accompanying appurtenances, thereon and located in Brazos County, Texas.
BE IT ORDERED BY THE COUNTY COMMISSIONERS COURT OF
THE COUNTY OF BRAZOS, TEXAS:
Section 1. That the findings and recitals in the preamble of this Order are hereby
found and determined to be true and correct and are hereby approved and adopted.
Section 2. That the official offer by Brazos County, Texas, for the approximate
159.00 acres necessary for the land described in Exhibit "A" attached hereto, in the
amount of $6,750.00 per acre represents the property's fair market value based upon an
appraisal by an independent fee appraiser, and is hereby confirmed and the County staff
• and its authorized agents and representatives are hereby authorized and directed to offer
the owner the amount of $6,750.00 per acre for the necessary property.
Section 3. That in the event the authorized official offer described in Section 2 is
refused by the owner of the said property designated for the location of the Exposition
Center, the County of Brazos, Texas is hereby authorized and directed to institute the
necessary steps and prosecute to conclusion proceedings in eminent domain against the
owner of said property and against all interested owners, leinholders and other holders or
claimants of an interest in the said property.
~ l-3
40
Section 4. That Brazos County, Texas has previously authorized and continues to
authorize the law firm of Bruchez, Goss, Thornton, Meronoff and Hawthorne, P.C. to act
together with and on behalf of Brazos County, Texas to acquire the subject property and
if necessary institute and prosecute to conclusion proceedings in eminent domain as
authorized in Section 3.
EFFECTIVE the day of OGT 22001.
CO Y E
9'',
FIELD NOTES
159.00 ACRES
OUT OF THE
DOROTHY BIENSKI CALLED 317 ACRE TRACT
VOLUME 717, PAGE 215
REFERENCE VOLUME 103, PAGE 123
T. J. WOOTEN LEAGUE, A - 59
BRAZOS COUNTY, TEXAS
SEPTEMBER 24, 2001
All that certain lot, tract or parcel of land being 159.00 acres situated in the T. J. WOOTEN
LEAGUE, Abstract Number 59, Brazos County, Texas and being a part of that certain
Called 317 acre tract as'described in deed from Dorothy Bienski, as Independent Executor
of the Estate of F. M. Sramek to Dorothy Bienski of record in Volume 717, Page 215,
Deed Records of Brazos County, Texas, said 159.00 acre tract being more particularly
described by metes and bounds as follows:
• BEGINNING at a'/2" Iron Rod set for the east comer, said comer being the calculated east
comer of said Called 317 acre tract and being located in the existing right-of-way of
JONES ROAD;
THENCE S 42 ° 56'24 "W, along the southeast line of said 317 acre tract a distance of
1056.08 feet to a W Iron Rod set for angle point;
THENCE S 41 ° 48'09 " W, continuing along said southeast line a distance of 892.64 feet
to a'/2" Iron Rod found for angle point, said comer being the north comer of the Mary
Ester Hudson Burton Called 49.24 acre tract as described in Volume 300, Page 102;
THENCE S 42 ° 36'01 "W, continuing along the southeast line of said Called 317 acre
tract and the northwest line of said Called 49.24 acre tract a distance of 1131.97 feet to a
'/2" Iron Rod found for angle point, said comer being the west comer of said Called 49.24
acre tract and the north comer of the Donald Foster Called 88 acre tract as described in
Volume 45, Page 318;
THENCE S 43 ° 02' 54 " W, continuing along the southeast line of said Called 317 acre
• tract and the northwest line of said Called 88 acre tract a distance of 173.74 feet to a
Concrete R.O.W. Monument found for the south comer, said comer being located in the
northeast right-of-way line of STATE HIGHWAY No. 47 as described in Volume 1241,
Page 885;
THENCE along the northeast right-of-way line of said STATE HIGHWAY No. 47 the
following calls:
N 49 ° 16 ' 22 " W, a distance of 551.27 feet to a Concrete R.O.W. Monument
found for angle point;
EXHIBIT "A"
0 a-~e t a 5
0
N 37 " 54 ' 50 " W, a distance of 917.72 feet to a Concrete R.O.W. Monument
found for angle point; and,
N 49 ° 11 '42 " W, a distance of 712.37 feet to a Concrete R.O.W. Monument
found for the west comer, said comer being at the intersection of the northeast
right-of-way line of STATE HIGHWAY No. 47 and the southeast right-of-way line of
F. M. HIGHWAY No. 1688 (Leonard Road);
THENCE along the southeast right-of-way line of said F. M. HIGHWAY No. 1688 (Leonard
Road) the following calls:
N 38 ° 13 ' 13 " E, a distance of 289.71 feet to a 1/2" Iron Rod Set for angle point, a
Concrete R.O.W. Monument bears S 32 ° 21 ' 17 " E a distance of 1.43 feet;
N 42 ° 45 ' 04 " E, a distance of 2746.34 feet to a 112" Iron Rod Set for angle point;
and,
N 81 ° 00 ' 25 " E. a distance of 49.61 feet to a 1/2" Iron Rod found for angle point,
said comer being located in the existing southeast prescriptive right-of-way of Jones
Road;
THENCE N 41 ° 42' 13 " E, a distance of 34.51 feet to a' Nail set in the centerline of Jones
Road for the most northerly comer,
THENCE S 48 " 19'44 " E, along the centeriine of said Jones Road a distance of 2148.24
feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 159.00 ACRES OF
LAND MORE OR LESS, according to a survey performed during the month of September,
2001, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor
No. 4961. For north orientation and other information see accompanying plat.
got a Q~
• STATE OF TEXAS Amendment FY 02-01
COUNTY OF BRAZOS Page 1
•
BRAZOS COUNTY - LEGAL TITLE IV-E
CONTRACT NUMBER 7990003
AMENDMENT FY 02-01
The Texas Department of Protective and Regulatory Services (TDPRS), hereinafter referred to as the
Department, and Brazos County, hereinafter referred to as the Contractor, entered into a contract effective
September 1, 2000. The Department and the Contractor agree to the following amendment to the contract.
This amendment is effective September 1, 2001.
I.
The expiration date of the contract is changed from August 31, 2001 to August 31, 2002.
IL
All terms and conditions of the contract not in conflict with this amendment are continued in full force and
effect. The effective date of this amendment is September 1, 2001.
TEXAS DEPARTMENT OF PROTECTIVE
AND REGULATORY SERVICES
By Ayr.
THOMAS CHAPMOND
EXECUTIVE DIRECTOR
DATE L.~ Z_-
BRAZOSCOUNTY
By
AL J S
BRAZOSCOUNTYJUDGE
DATE 140 -9 -Of
a~Arm - L21
0
CERTIFICATE OF COST ALLOCATION PLAN
This is to certify that I have reviewed the cost allocation plan submitted herewith
and to the best of my knowledge and belief:
(1) All cost included in this proposal dated 10/9/01 - - - to establish cost
allocations or billings for 9 /1/01 - 8/31/02 are allowable in accordance with
the requirements of OMB Circular A-87, "Cost Principles for State and Local
Governments," and the Federal award(s) to which they apply. Unallowable costs
have been adjusted for in allocation costs as indicated in the cost allocation plan.
(2) All costs included in this proposal are properly allocable to Federal awards on
the basis of a beneficial or causal relationship between the expenses incurred and
the awards to which they are allocated in accordance with applicable
requirements. Furthermore, the same costs that have been treated as indirect costs
have not been claimed as direct costs. Similar types of costs have been accounted
for consistently. I declare that the foregoing is true and correct.
Governmental Unit:
Signature
Name of Officiary 1 a „P s
Title County Judae
Date of Execution 10/9/01
1, 10-9
) Y
81 s f~
COUNTY APPLICATION AND INFORMATION FORM
• CONTRACTS FOR REIMBURSING LEGAL COSTS
1. Name of County: BRAZOS COUNTY
2. Federal Employer's I.D.# or Texas Vendor I.D.# 1746000433.021
3. Address of Contact Person:
MARGARET I.ALK ASSISTANT DISTRICT ATPOM ET (979)361-4320
Name Title Phone
• 3W FAST 26th STRM,,SUM 310 $RYAN, TEAS 77803
Street Address City State Zip Code
4. County Judge:
ALVIN W. JONES COUM JUDGE (979)361-4101
Name Title Phone
5. County Auditor:
JOHN REMUS ADD= (979)361-4350
Name Title Phone
•
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES ~we&,Lo~-L
page 1 of 4
0
FY 02-01
COST ALLOCATION PLAN AND BUDGET FOR
BRAZOS COUNTY
SALARIES: Please complete the following for all county employees who will directly perform work in relation to this program.
A.
Name of Employee
B.
Position
C.
Average Full
Time Monthly
Sala
D.
% of Time on
Program
E.
Salary to be
Claimed
D
(C X
F.
ANNUAL
TOTAL
MARGARET U. LALK
FEW ASST DIET ATTY
6434
902 *
5790.60
69.487
ANGELA R LARA
LWAL SECRETARY
2171
50X *
1085.50
13,026
TOTAL-
I
S 6876.10
$ 82.513-_
• If the percentage of time is lea than 100%, please deseribe below how you will validate the time spent by staff worldng In this program (e g. monthly time atady)
TIME STUDIES, 2 WEEKS OUT OF EACH QUARTER
W
C
i'
FRINGE BENEFITS:
Type of Benefit
Rates
Covered Salary
Rates X Covered Salary or
Number of Months
Annual Total
FICA
.0765
7
526 /month x 12
631
TUCA
0
0
0
0
Workers Compensation
.002041
6876 month
14.03 month z 12
168
Retirement
.1065
6876 month
732.29/month z 1
8787
Other (provide breakdown on
separate page if needed
MEDICAL= In.
350/month/person
907. z z
50Z z 350 : 175 z 12
5880
TOTAL;
/
21,147
*ESTIMATE FOR FY 2002
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
page 2 of 4
• • • •
to Z..
I
OTHER DIRECT COSTS:
~H
A.
Description and Basis for Cost
B.
Method Used ease Rent, Purchase etc.
C.
Total
Commercial coming of records for tri
Based on FY2001 costs of 147.70
200.00
Reporter's Records on Appeal
Based on FY2001 billing of 1206.60
1200.00
Citation b Publication
Estimate based on FY 2001
465.00
PUBLICATIONS
Estimate Based on FY 2001
1016.00
TOTAL
2881.00
$10,167 Total Library Costs divided by 10 Lawyers Using Resources = s/"l-
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
page 3 of 4
DIRECT COSTS: Consumable supplies (life expectancy less than one yeaz):
Indirect costs: Please describe the basis for any indirect costs below
During Fiscal Year 2001, the Brazos County Commissioners' Court adopted an indirect cost plan
prepared for Brazos County by Vertex. This plan was prepared in accordance with OMB Circular
A-87 and was based on actual FY 2000 expenditure information. The consultants determined that
the indirect cost rate for the District Attorney's office is 20.762. Therefore the FY 2002
estimated indirect costs: (82,513 + 21,147 + 2881) x .2076 = $22,117.91-"
Average Percentage of Title IV-E related Foster Children: To be supplied by Region Coordinator.
Name of person preparing this plan: NARGAM L,g
Telephone Number 979-361-4320
PLAN APPROVED BY:
TDPRS
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
DATE
page 4 of 4
• Certification
Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion for Covered Contracts
Federal Regulations (45 CFR part 76) require the Texas Department of Protective and Regulatory
Services (PRS) to determine whether each potential contractor has been debarred or suspended or
proposed for debarment or suspension under 48 CFR part 9, are ineligible , as defined in 45 CFR
§76.105(i) or lias accepted a voluntary exclusion. Each covered contractor must also make the
same determination for each of its covered subcontractors. Contractors and subcontractors are
both referred to as lower tier participants in this Certification.
Instructions for Certification
By signing and submitting this proposal, the prospective lower tier participant is providing
the certification set out below:
1. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency with which this
is transaction originated may pursue available remedies, including suspension and/or
debarment.
2. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns
that its certification was erroneous when submitted or has become erroneous by regason of
changed circumstances, whether the circumstances occur before the contract begins, during
the term of the contract, or during the term of an extension of the contract.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and
Coverage sections of federal rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
4. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR part 9,
subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
• participation in this covered transaction, unless authorized by the department or agency with
which this transaction originated.
Do you have or do you anticipate having subcontractors under this proposed contract?
Yes Xlo
5. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions.
6. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under 48
CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from
TDPRS 3 Form 2046
May 2000
0
Certification
Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion for Covered Contracts
covered transactions, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph S of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who
is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transactions
Indicate in the appropriate box which statement applies:
The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
OR
❑ Where the prospective lower tier participant is unable to certify to any of the statements in
this certification, such prospective participant has attached an explanation to this certification.
Brazos County
Name of Potential Contractor
1746000433 021 7990003
Vendor ID No. or social Security No. PRS Contract No. (f
applicable)
10-9-01 Alvin W. Jones, County Judge
siV aturc Dabs Prh t & ypod Name and ride of
Authorized Representative
i 4
7DPRS P4
Forth 2046
•
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This contract made and entered into this the _th day of October 2001, by and between TEXAS VOTING
SYSTEMS, INC., a Texas Corporation, and the COUNTY OF BRAZOS, State of Texas.
WiTNESSETH:
Whereas, Texas Voting Systems, Inc. is the business of selling election services and supplies; and
Whereas, the BRAZOS COUNTY is desirous of employing the services of Texas Voting Systems, Inc. in connection
with the BRAZOS COUNTY CONSTITUTIONAL AMENDMENT ELECTION be held on November 6, 2001 in Brazos
County, Texas;
Now, Therefore, in consideration ofthe premises and mutual promises and obligations herein set forth, it is agreed that:
•
TEXAS VOTING SYSTEMS, INC. will provide the following suppies:
(a) 12,000 numbered and printed Official Ballot Cards.
(b) All required hinged ballot pages and punched masks. (Eleven page ballot label)
(c) 1,000 sample ballots.
(d) Fifty-one (51) custom gathered election sets to include the five early voting locations, one early voting ballot board
set and one central counting set.
(e) All required seals (lead, wire pad lock and paper) for the voting devices and ballot boxes.
(f) Custom ballot layout for each voting precinct for checking correct ballot pages.
(g) Precinct polling place supplies (pens - tape - extra stylus) as required.
(h) Polyurethane mail out backers as required.
(i) 500 Early Vote mail-out official ballot labels as required
11
TEXAS VOTING SYSTEMS, INC. will provide the following services:
•
(a) Clean and repair two hundred fifty (250) voting devices
(b) Check each unit for proper ballot pages, label each unit by precinct and stack units by precinct (and
Commissioner Precinct) for delivery by the County.
(c) Deliver and set up voting devices to the five Early Voting locations and pick up the equipment at the close of the
early voting period. New ballot labels will be inserted, labeled, and stacked for delivery on Monday, November
6, 2001.
(d) Provide complete ballot layout and design.
(e) Conduct one (1) class for early voting election judges and clerks.
(f) Conduct two (2) classes for election judges and clerks on election procedures.
(g) Conduct one (1) class for all central owmting personnel if required.
(h) Assist with Early Voting as required.
(i) Assist with assembling all supplies for use in the individual precincts.
0) Assist in the preparation of the computer test deck and holding of the Official Test of the vote count computer.
(k) Assistance on election day, as required, to include the central counting station.
0) Provide any consulting services before and after the above mentioned election.
(m) Provide repair crews for voting device repair in the individual precincts on election day.
(n) All required EDP programing for above mentioned election.
13S
0
III
The COUNTY OF BRAZOS, State of Texas, will be responsible for, and hereby assumes the following duties and
obligations in regard to the BRAZOS COUNTY CONS TITUI ONAL AMENDMENT ELECTION to be held on November
6, 2001:
(a) Payment of all invoices, Election Judges, Alternate Judges, and Clerks of Election, to include the central
counting station.
(b) Furnish Texas Voting Systems, Inc. a complete list of all issues to be conducted in the above mentioned
elections.
(c) All reports, expense accounts, canvass of the election, conduct of the election at the individual polling places,
and any other statutory requirements as required by the Texas Election Code and/or the Federal Voting Rights
Act.
(d) Deliver and pick-up voting devices to the county voting precincts.
IV
The consideration to be paid by the BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for the services
rendered and supplies provided by said corporation for the BRAZOS COUNTY CONSTITUTIONAL AMENDMENT
ELECTION to be held on November 6, 2001 is TWENTY ONE THOUSAND SIX HUNDRED THIRTY FIVE DOLLARS
AND NO CENTS ($21,635.00).
IN WITNESS WHEREOF, the parties have hereunto set their hands, this 9th day of October, 2001.
COUNTY OF BRAZOS TEXAS VOTING SYSTEMS, INC.
i•
Alvin W. Jones- I-Mlie D. Sims
County Judge Vice President
ATTEST:
en McQueen
County Clerk
cda am:a Co 2WI Cons Ammd.
•
ME MR AUTHORITY OF BRAZOS VALLEY
P. O. BOX 4588
Bryan, Texas 77805
•
LJ
Date: October 9, 2001
On behalf of Brazos County, I hereby agree that the County will contribute the amount of _
$75.000.00 to M MR Authority of Brazos Valley for their 2002 Fiscal Year budget.
Payment will be made as follows:
Lump Sum $75.000.00 upon execution of this document.
- 6 - 4Q;~
Alvin Jones Ce,
County Judge
ld -'9 -of
Date
RESOLUTION TO TRANSFER FORFEITED AND VOIDED
JUROR REIMBURSEMENTS TO THE
BRAZOS COUNTY GENERAL FUND
WHEREAS, THE TEXAS LOCAL. GOVERNMENT CODE 113.041
AUTHORIZES COMMISSIONERS COURT TO DIRECT THE COUNTY TREASURER
TO DISBURSE COUNTY MONEY, NOT INCONSISTENT WITH LAW; AND
WHEREAS, VERNON'S TEXAS STATUTES AND CODES ANNOTATED
GOVERNMENT CODE TITLE 2. JUDICIAL BRANCH, SUBTITLE E. JURIES,
CHAPTER 61. GENERAL PROVISIONS, 61.001, REIMBURSEMENT OF
EXPENSES OF JURORS (F) STATES THAT IF A CHECK OR OTHER INSTRUMENT
REPRESENTING A REIMBURSEMENT UNDER THIS SECTION IS NOT PRESENTED
FOR PAYMENT OR REDEEMED BEFORE THE 90TH DAY AFTER IT IS ISSUED:
(1) THE INSTRUMENT IS CONSIDERED FORFEITED AND IS VOID; AND
(2) THE MONEY REPRESENTED BY THE INSTRUMENT MAY BE PLACED IN
THE COUNTY'S JURY FUND, THE COUNTY'S GENERAL FUND, OR ANY
OTHER FUND IN WHICH COUNTY FUNDS CAN BE LEGALLY PLACED,
AT THE DISCRETION OF THE COMMISSIONERS COURT,
THEREFORE BE IT RESOLVED, THAT ON THIS DAY, JQ&70- Ark 9 ,
2001 , THE BRAZOS COUNTY COMMISSIONERS COURT DIRECTS THE
BRAZOS COUNTY TREASURER TO PLACE THE MONEY REPRESENTED BY
SUCH FORFEITED AND VOIDED INSTRUMENTS IN THE COUNTY'S JURY FUND
WHICH IS INCORPORATED WITHIN THE GENERAL FUND.
ALVIN W. ,WN,Eg, BfrAZOS COUNTY JUDGE
TONY-JONdCOMMISWNER PRECINCT 1
ISSIONER Pt' T 2
ER PRECINCT 3
4
KAREN MCQUEEN, BRAS COUNTY CLERK
•
Interlocal Cooperation Contract
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
1. Parties
This Interlocal Cooperation Contract ("Contract') is made and entered into
between the Texas Department of Public Safety ("TDPS"), a political subdivision
of the State of Texas, and the County of Brazos
a local political subdivision of the State of Texas.
• II. Overview
y
The purpose of this Contract is to implement the provisions of Texas
Transportation Code Chapter 706. A local political subdivision may contract with
the TDPS to provide information necessary to deny renewal of the driver license
of a person who fails to appear for a complaint or citation or fails to pay or satisfy
a judgement ordering payment of a fine or cost in the manner ordered by the
court in a matter involving any offense within the jurisdiction of the justice or
municipal court.
The TDPS has authority to contract with a private vendor ("Vendor") pursuant to
Texas Transportation Code §706.008. The Vendor will provide the necessary
goods and services to establish an automated system ("FTA System") whereby
information regarding violators subject to the provisions of Texas Transportation
Code Chapter 706 may be accurately stored and accessed by the TDPS.
Utilizing the FTA System as a source of information, the TDPS may deny
renewal of a driver license to a person who is the subject of an FTA System
entry.
• Each local political subdivision contracting with the TDPS will pay monies to the
Vendor based on a fee certain established by this Contract. The TDPS will make
no direct or indirect payments to the Vendor. The Vendor will ensure that
accurate information is available to the TDPS, political subdivisions and persons
seeking to clear their licenses at all reasonable times.
Ill. Definitions
"Complaint" means notice of an offense as defined in Article 27.14(d) or Article
45.019, Code of Criminal Procedure.
0
"Department" or "TDPS" means the Texas Department of Public Safety.
y
"Failure to Appear Program" or "FTA Program" refers to the implementation
efforts of all parties, including those system components provided by the TDPS,
local political subdivisions and the Vendor, including the FTA System.
"Failure to Appear System" or "FTA System" refers to the goods and services,
including all hardware, software, consulting services, telephone and related
support services, supplied by the Vendor.
"FTA Software" refers to computer software developed or maintained now or in
the future by the Vendor to support the FTA System.
"Originating Court" refers to the court in which an applicable violation has been
filed for which a person has failed to appear or failed to pay or satisfy a
judgement and which has submitted an appropriate FTA Report.
"State" refers to the State of Texas.
"Local political subdivision" refers to a city or county of the State of Texas.
Unless otherwise defined, terms used herein shall have the meaning assigned by
Texas Transportation Code Chapter 706 or other relevant statute. Terms not
defined in this Contract or by other relevant statutes shall be given their ordinary
meanings.
IV. Governing Law
This Contract is entered into pursuant to Texas Government Code Chapter 791
and is subject to the laws and jurisdiction of the State of Texas and shall be
construed and interpreted accordingly.
V. Venue
The parties agree that this contract is deemed performable in Travis County,
Texas, and that venue for any suit arising from the interpretation or enforcement
of this Contract shall lie in Travis County, Texas.
Vl. Application and Scope of Contract
This Contract applies to each FTA Report submitted to and accepted by the
TDPS or the Vendor by the local political subdivision pursuant to the authority of
Texas Transportation Code Chapter 706.
O
•
VII. Required Warning on Citation for Traffic Law Violations
A peace officer authorized to issue citations within the jurisdiction of the local
political subdivision shall issue a written warning to each person to whom the
officer issues a citation for a traffic law violation. This warning shall be provided
in addition to any other warnings required by law. The warning must state in
substance that if the person fails to appear in court for the prosecution of the
offense or if the person fails to pay or satisfy a judgement ordering the payment
of a fine and cost in the manner ordered by the court, the person may be denied
renewal of the person's driver license. The written warning may be printed on
the citation or on a separate instrument.
VIII. FTA Report
• If the person fails to appear or fails to pay or satisfy a judgement as required by
law, the local political subdivision may submit an FTA Report containing the
y following information:
(1) the jurisdiction in which the alleged offense occurred;
(2) the name of the local political subdivision submitting the report;
(3) the name, date of birth and Texas driver license number of the person
who failed to appear or failed to pay or satisfy a judgement;
(4) the date of the alleged violation;
(5) a brief description of the alleged violation;
(6) a statement that the person failed to appear or failed to pay or satisfy a
judgement as required by law;
(7) the date that the person failed to appear or failed to pay or satisfy a
judgement; and
(8) any other information required by the TDPS.
There is no requirement that a criminal warrant be issued in response to the
person's failure to appear. The local political subdivision must make reasonable
efforts to ensure that all FTA Reports are accurate, complete and non-
duplicative.
•
1X. Clearance Reports
The originating court that files the FTA Report has a continuing obligation to
review the report and promptly submit appropriate additional information or
reports to the Vendor or the TDPS. The clearance report shall identify the
person, state whether or not a fee was required, advise the TDPS to lift the
denial of renewal and state the grounds for the action. All clearance reports must
be submitted within five business days of the time and date that the originating
3
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'off. k ~ - i 411
court receives appropriate payment or other information that satisfies the citizen's
obligation to that court.
To the extent that a local political subdivision utilizes the FTA Program by
submitting an FTA Report, there is a corresponding obligation to collect the
statutorily required $30.00 administrative fee. If the person is acquitted of the
underlying offense for which the original FTA Report was filed, the originating
court shall not require payment of the administrative fee. The local political
subdivision shall submit a clearance report within five business days advising the
TDPS to lift the denial of renewal and identifying the grounds for the action.
The local political subdivision must promptly file a clearance report upon payment
of the administrative fee and:
(1) the perfection of an appeal of the case for which the warrant of arrest
was issued or judgement arose;
(2) the dismissal of the charge for which the warrant of arrest was issued
y or judgement arose;
(3) the posting of a bond or the giving of other security to reinstate the
charge for which the warrant was issued;
(4) the payment or discharge of the fine and cost owed on an outstanding
judgement of the court; or
(5) other suitable arrangement to pay the fine and cost within the court's
discretion.
The TDPS will not continue to deny renewal of the person's driver license after
receiving notice from the local political subdivision that the FTA Report was
submitted in error or has been destroyed in accordance with the local political
subdivision's record retention policy.
X. Compliance with Law
The local political subdivision understands and agrees that it will comply with all
local, state and federal laws in the performance of this Contract, including
administrative rules adopted by the TDPS.
XI. Accounting Procedures
An officer collecting fees pursuant to Texas Transportation Code §706.006 shall
keep separate records of the funds and shall deposit the funds in the appropriate
municipal or county treasury. The custodian of the municipal or county treasury
may deposit such fees in an interest-bearing account and retain the interest
earned thereon for the local political subdivision. The custodian shall keep
4
A &0
E
•
accurate and complete records of funds received and disbursed in accordance
with this Contract and the governing statutes.
The custodian shall remit $20.00 of each fee collected pursuant to Texas
Transportation Code §706.006 to the Comptroller on or before the last day of
each calendar quarter and retain $10.00 of each fee for payment to the Vendor
and credit to the general fund of the municipal or county treasury.
XII. Payments to Vendor
The TDPS has contracted with OmniBase Services, Inc
corporation organized and incorporated under the laws of the
with its principal place of business in Austin, Texas, to
implementation of the FTA Program.
Correspondence to the Vendor may be addressed as follows:
("Vendor"), a
State of Texas,
assist with the
OmniBase Services, Inc.
6101 W. Courtyard Drive, Building 3, Suite 210
Austin, Texas 78730
(512) 346-6511 ext. 100; (512) 346-9312 (fax)
•
The local political subdivision must pay the Vendor a fee of $6.00 per person for
each violation which has been reported to the Vendor and for which the local
political subdivision has subsequently collected the statutorily required $30.00
administrative fee. In the event that the person has been acquitted of the
underlying charge, no payment will be made to the Vendor or required of the
local political subdivision.
The parties agree that payment shall be made by the local political subdivision to
the Vendor no later than the last day of the month following the close of the
calendar quarter in which the payment was received by the local political
subdivision.
XIII. Litigation and Indemnity
In the event that the local political subdivision is aware of litigation in which this
Contract or Texas Transportation Code Chapter 706 is subject to constitutional,
statutory, or common-law challenge, or is struck down by judicial decision, the
local political subdivision shall make a good faith effort to notify the TDPS
immediately.
a
0
Each party may participate in the defense of a claim or suit affecting the FTA
Program, but no costs or expenses shall be incurred for any party by the other
party without the other parties written consent.
To the extent authorized by law, the local political subdivision agrees to
indemnify and hold harmless the TDPS against any claims, suits, actions,
damages and costs of every nature or description arising out of or resulting from
the performance of this Contract, and the local political subdivision further agrees
to satisfy any final judgement awarded against the local political subdivision or
the TDPS arising from the performance of this Contract, provided said 61aim, suit,
action, damage, judgement or related cost is not attributed by the judgement of a
court of competent jurisdiction to the sole negligence of the TDPS.
It is the agreement of the parties that any litigation involving the parties to this
Contract may not be compromised or settled without the express consent of the
TDPS, unless such litigation does not name the TDPS as a party.
y This section is subject to the statutory rights and duties of the Attorney General
for the State of Texas.
XIV. Contract Modification
No modifications, amendments or supplements to, or waivers of, any provision of
this Contract shall be valid unless made in writing and executed in the same
manner as this Contract.
XV. Severability
If any provision of this Contract is held to be illegal, invalid or unenforceable
under present or future laws effective during the term hereof, such provision shall
be fully severable. This Contract shall be construed and enforced as if such
illegal, invalid or unenforceable provision had never comprised a part hereof, and
the remaining provisions shall remain in full force and effect and shall not be
affected by the illegal, invalid or unenforceable provision or by its severance
therefrom.
XVI. Multiple Counterparts
This agreement may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes and all of which constitutes,
collectively, one agreement. But, in making proof of this agreement, it shall not
be necessary to produce or account for more than one such counterpart.
•
C7
W
XVII. Effective Date of Contract
This contract shall be in effect from and after the date that the final signature is
set forth below. This contract shall automatically renew on a yearly basis.
However, either party may terminate this agreement upon thirty days written
notice to the other party. Notice may be given at the following addresses:
Local Political Subdivision
County Judge Alvin W. Jones
Brazos County
300 East 26th Street, Ste 114
Bryan Texas_ 77803
Texas Department of Public Safety
Project Administrator, FTA Program
5805 North Lamar Boulevard -
Austin, Texas 78773-0001
(512) 424-5948 [fax]
Notice is effective upon receipt or three days after deposit in the U. S. mail,
whichever occurs first. After termination, the local political subdivision has a
continuing obligation to report dispositions and collect fees for all violators in the
FTA System at the time of termination.
TEXAS DEPARTMENT OF
PUBLIC SAFETY
r~k S
Tom Haas
Chief of Finance
/0-z3K-°1
Date
LOCAL POLITICAL SUBDIVISION*
Authorized Signature
GovAPrj/ J v~4
10-9-491
Title
loo-9-01
Date
•
*An additional page may be attached if more than one signature is required to
execute this contract on behalf of the local political subdivision. Each signature
block must contain the person's title and the date.
(-v 145
40
AKIN, Gump, STRAUSS, HAUER & FELD, L.L.P.
ATTORNEYS AT LAW
AUSTIN
BRUSSELS
300 CONVENT STREET
DALLAS
SUITE 1500
DENVER
SAN ANTONIO, TEXAS 78205
HOUSTON
(2 10) 28 1 -7000
LONDON
FAX (210) 224-2035
LOS ANGELES
Moscow
www.aldnpump.eom
NEW YORK
NORTHERN VIRGINIA
PHILADELPHIA
SAN ANTONIO
WASHINGTON. D.C.
RIYADH (AFFILIATE)
MEMORANDUM
TO:
Hon. Commissioners Court
FROM:
Paul Martin
DATE:
October 4, 2001
RE:
Financial Advisory Services
As you requested, I asked Don Gonzales, Bill Newman, and Don Grimes to give us a proposal for
financial advisory services. Bill faxed me the enclosed Financial Advisory Services contract which on
page 5 (Paragraph 7) has a term of four years commencing April 21, 1998 (ending April 20, 2002). Both
Don and Don, therefore, have not made proposals. I suggest we go forward and honor the agreement with
Public Financial Management, Inc.
The County will be able to sell the Bonds and the Contractual Obligations either through a
competitive sale or a negotiated sale. We need to get advice from Bill Newman about the preferred
method. If you decide to do negotiated sales, both Estrada Hinojosa & Company, Inc. (Don Gonzales)
and Wells Fargo (Don Grimes) I am sure would want to be involved. Again, we need Mr. Newman's
advice.
I am told the vehicle lease purchase will be $497,900. The Contractual Obligations will be
$1,000,000. I do not advise pushing the $10,000,000 limitation for qualified tax-exempt obligations.
Therefore, I think you should not issue $8,500,000 in bonds; rather' issue some smaller amount, say
$8,000,000.
Please let me know your questions or concerns. Qcc: John Reynolds, County Auditor
Bill Newman, Public Financial Management, Inc.
41,
s,~
yv. VL/ Vy
A.V. YV -c,roaz 41c ueaz PFX
PROPOSAL AND AGREENCENT
For
FINANCIAL ADVISORY SERVICES
By and Between
BRAZOS COUNTY, TEX"
And
PUBLIC FINANCIAL MANAGEMENT, INC.
•
"w ev,
2002
It is understood Brazos County, Texas. (the "Issuer"), will have under consideration from time to
time the authorisation and issuance of indebtedness in amounts and forms which cannot be
determined and that in connection with the authorization, sale. issuance and delivery of such
indebtedness of the I.sstier, we have been requested to submit a proposal to provide professional
services to the Issuer in, the capacity of Financial Advisor. We are pleased to comply with this
request and submit the following proposal for consideration. This proposal, if accepted by the Is-suer,
shall become the agreement (the "Agreement") between the Issuer and Public Financial
Management. Inc. effective at the date of its acceptance as provided for herein below.
1. This agreement shall apply to any and all evidences of indebtedness or debt obligations
that may be authorized and issued or otherwise created or assumed by the Issuer to include any non-
profit corporations created by the Issuer to act in its behalf and including indebtedness incurred for
the acquisition of new facilities and systems and the disposition of existing facWties and systems
(hereinafter referred to collectively as the "Debt Instruments") from time to time during the period in
which this Agrement shall be effective.
2. We agree to provide our professional services and our facilities as Financial Advisor and
agree to direct and coordinate all programs of financing as may b;considered and authorized during
• the period in which this Agreement shall be effective and to assume and pay those expenses set out
herein. provided, however, that our obligations to pay expenses shall not include any costs incident
to litigation. mandamus action, test case or other similar legal actions.
3. We agree to perform the following duties normally perhmned by such financial advisors
and all other duties as, in our judgment, may be necessary or advisable:
a. We will conduct a survey of the financial resources of the Issuer to determine the
extent of its capacity to authorize, issue and service debt. 't'his survey will include an analysis of the
a Ce D 114-7 1 TUS 15:44 [TI/RX NO 84801 IM002
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existing debt structure as compared with the existing and projected sources of revenues which may
be pledged to secure payment of debt service and, where appropriate. will include a study of the
trend of the assessed valuation, taxing power and present and future taxing requirements of the
Issuer. In the event revenues of existing or projected facilities operated by the Issuer are to be
pledged to repayment of the Debt instruments then under consideration, the survey will take into
account any outstanding indebtedness payable from the revenues thereof, additional revenues to be
available from any pmprmed rata increases and additional revenues, as projected by consulting
engineers employed by the Issuer, resulting from improvements to be financed by the Debt
Instruments under consideration. We will also take into account future financing needs and
operations as projected by the Issuer's staff' and consulting engineers or other experts, if any,
employed by the Issuer.
b. On the basis of the information developed by the survey described above, and
other information and experience available to us, we will submit to the Issuer our recommendations
on the Debt Instruments under consideration including such elements as the date of issue, interest
payment dates, schedule of principal maturities, options of prior payment, security provisions, and
any other additional provisions designed to make the issue attractive to investors. All
recommendations will be based upon our professional judgment with the goal of designing Debt
Instruments which can be sold under terms most advantageous to the Issuer and at the lowest interest
cost consistent with all other considerations.
e. We will advise the Issuer of current bond market conditions, forthcoming bond
issues and other general information and economic data which night normally be expected to
influence interest rates or bidding conditions so that the date of sale of the Debt Instruments may be
set at a time which, in our opinion, will be favorable`
d. We understand the Issuer has retained, or will retain, firms of municipal bond
attorneys (clue 'Bond Counsel") whose fees veil[ be paid by the Tssuer. In the event it is necessary to
hold an election to authorize the Debt Instruments then under consideration, we will assist in
coordinating the assembly and transmittal to Bond Counsel of such data as may be required for the
preparation of necessary petitions, orders, msolutions, ordinances, notices and certificates in
connection with the election.
e. We will recommend the method of sale of''the Debt Instruments that, in our
Y'
opinion, is in the best interest of the Issuer and will proceed, as directed by the Issuer, with one of the
following methods:
1. Advertised Sale: We will supervise the sale of the Debt Instruments at a
public We in accordance with prooedutes set out herein. We will require and obtain from the
bidding account a listing of all of the mcmbcrs of the bidding account.
Z. Ne¢otiated Sale: We will recommend one or more investment banking
firers as managers of an underwriting syndicate for the purpose of negotiating the purchase of the
Debt Instruments. We will collaborate with any managing undcrwriter selected and Counsel to the
2
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tV~Ue/ US Lo; 4V %T512 472 0932 PFX
underwriters in the preparation of the Official Statement or Offering Memorandum. We will
cooperate with the underwriters in obtaining any Blue Sky Memorandum and Legal Investment
Survey, preparing Bond Purchase Contract, Underwritms Agreement and any other related
documents. The costs hereof, including the printing of the documents, will be paid by the Issuer.
3. Pdvnt2 Placement: Upon authorization by the Issuer and acting in its
behalf, we will place privately the Debt Instruments directly with institutional investors for a
placement fee as set out in Appendix A. We will prepare and provide to the prospective purchasers a
Limited Offering Memorandum and other related documents.
f_ When appropriate, we will advise financial publications of the forthcoming sale of
the Debt instruments and provide them with all pertinent information.
g. We will coordinate the preparation of the Notice of Sale and Bidding Instructions,
• Official Statement, Official Bid Form and such other documents as may be required. We will submit
to the Issuer all such documents for examination, approval and certification. After such
examination, approval and certification, we will provide the Issuer with a supply of all such
documents sufficient to its needs and will distribute by mail sets of the same to prospective bidders
and to banks, life, fire and casualty insurance companies, investment counselors and other
prospective purchasers of the Debt Instruments. We will also provide sufficient copies of the
Official Statement to the purchaser of the Debt Instruments in accordance with the Notice of Sale
and Bidding Ins&uctions and in accordance with pertinent Securities and Exchange Commission
Rules. The cost of preparing, printing and distributing these documents will be paid by the Issuer.
0004
h. We will, after consulting with the Issuer, arrange for such reports and opinions of
recognized independent consultants we deem necessary and required in the successful marketing of
the Debt Instruments. The fees and charges for such services will be paid by the Issuer.
i. Subject to the approval of the Issuer. we will organize and make arrangements for
such information meetings as, in ota judgment, may be necessary at the Issuer's expense.
j. We will make troommendations to the Issuer as to the advisability of obtaining a
credit rating, or ratings, for the Debt Instruments and, whenpdimctod by the Issuer, we will
coordinate the preparation of such info=ation as, in our opinion, is required for submission to the
• rating agency, or agencies. TA those cases where the advisability of personal presentation of
information to the rating agency, or agencies, may be indicated., we will arrange for such personal
presentations, which will include representatives from the Issuer. Any foes. including travel
expenses for such presentation, incurred in obtaining a rating or ratings will be paid by the Issuer.
IL We will assist the staff of the Issuer at arty advertised sale of Debt Instruments in
coordinating the receipt and tabulation and comparison of bids and we will advise the Issuer as to the
best bid_ We will provide the Issuer with our recommendation as to acceptance or rejection of such
bid
3
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1. As soon as a bid for the Debt Instruments is accepted by the Issuer, we will
proceed to coordinate the efforts of all concerned to the end that the Debt Instruments may be
delivered and paid for as expeditiously as possible. We will assist the Issuer in the preparation or
verification of final closing figurp-s incident to the delivery of the Debt Instruments.
m. We will maintain liaison with Bond Counsel in the preparation of all legal
documents pertaining to the authorization, sale and issuance of the Debt Instruments. Bond Counsel
is responsible for providing an unqualEfled legal opinion as to the legality of the issuance of the Debt
Instruments at the time of delivery.
0005
n. rf requested, we will counsel with the Issuer in the selection of a Paying
Agent/Registrar for the Debt Instruments, and we will assist in the preparation of agreements
pertinent to these services and the fees incident thereto.
o. In the event formal verification by an independent auditor of any calculations
incident to the Debt Instruments is required, we will snake arrangements for such services for which
the fee will be paid by the Issuer.
p. We agree to do, or cause to be done, all work incident to printing of the Debt
Instruments, obtaining approval, as may be roquiied by the Attorney General, registration by the
Comptroller of Public Accounts and delivery to the purchaser, the cost of which will be paid by the
Issuer.
q. After the closing of the sale and delivery of the Debt rnstrumen%. we will deliver
to the Issuer a schedule of annual debt service requirements on the Debt Instruments, la coordination
with Bond Counsel, we will assure that the Paying Agent/Registrar has been provided.with a copy of
the authorizing ordinance, order or resolution.
r. We will attend any and all meetings of the governing body of the Issuer, its staff.
representatives or committees as requested at all times when we may be of assistance or service.
s. We will advise the Issuer and its staff of changes, proposed or exacted, in Federal
and State laws and regulations which would effect the municipal b¢nd marl`~ot.
4. In addition to the services set out above, we agree to provide the following services when
so requested:
requested.
a. We will provide our advice as to the invemnent of c5ertdw funds of the Issuer as
4
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b. We will provide our advice and assistance with regard to exercising any call
and/or refunding of any outstanding Debt Instruments.
e. We will provide oi4 advice and assistance in dw development of, and financing
for, any capital improvements programs of the Issuer.
d. On behalf of the Iccuer, and only at the Issuer's request, approval and direction,
we will frle with the appropriate parties (MSRB, NMMSIR's and SID), under Rule 15(c)(2)(12) the
materials prepared by the Issuer and its counsel, and furnish to the Municipal Securities Rulemaking
Board, or any other designated Official Statement and/or Document Repository, any material as may
be required by such Repository.
e. We will make recommendations to the Issuer on matters of credit enhancement for
the proposed issue and when directed by you shall coordinate the preparation of such information as
• in our opinion is required to credit enhancers or providers. Any fees incurred in obtaining credit
enhancement will be paid by the Issuer.
5_ The fee due to Public Financial Management, Inc. as set out in Appendix A attached
hereto, any other fees as may be mutually agreed and all expenses for which Public Financial
Management, Inc. is entitled to reimbursement, shall be billed quarterly or become due and payable
concurrently with the delivery of the Debt Instruments to the purchaser.
6. A simultaneous sale of similarly-secured bonds or certificates may be billed as one. issuer
rather than several issues. An advance refunding issue may entail an additional lump sum charge for
analytical services to be negotiated between the Issuer and Public Financial Management.
In the event that we arc asked w provide assistance in matters not related to the issuance of debt by
the Issuer or provide assistance is areas which may or rosy not be included herein, such services
shall be provided at a fee to be negotiated. Such assistance will not commence without prior written
authorization by the Issuer and prior determination by us that such services are within our ability to
render.
7. This Agreement shall become effective on 'r'f I4 94fand remain in effect
thereafter for a period of four years. In the event of terminatxon,it is understood and agreed that the
amount due to Public financial Management, Inc. for services provided and expenses incurred to
• date of terrnination will be due and payable.
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This Agreement. including Appendix A, is submitted in duplicate originals. When accepted by the
Issuer, it, together widL Appendix A attached hereto, will constitute the entire Agreement between
the Issuer and Public Financial Management, Inc_ for the purposes and the considerations herein
specified. Acceptance Yn1l be indicated by the signature of authorized officials of the Issuer together
with the date of acceptance on broth copies and the return of one executed copy to Public Financial
Management, Inc..
Respectfully submitted,
PUBLIC FINANCIAL MANAG 2 ENT, INC.
By V-)..
616, Don W. Grimes
Authorized Representative
ACCEPTANCE
ACCEPTED pursuant to Resolution adopted by Brazos County, Texas. on this Q1 sr , of
-Agk l~L .1998.
By
Cnwilry 074aG97
Authorized Representative
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-7~10/02/01 7[1>3 15:44 [1I/RJ[ NO 84801 0007
y,,, 4J'*1Y. 472 09$2 PFM
AI PENT K A
SCHEDULE
Fee - Any Issue $9,750
Fee - Each Additional Issue (Issued Simultaneously) $2,750
no following expenses pertaining to any debt issue will be paid by the Issuer. On a competitive
• sale; Public Financial Management. Inc. will initially pay all related expenses except bond counsel
and election costs and bill the Issuer for such expenses along with the financial advisory fee after
successful delivery of the bond proceeds. On a negotiated sale, expenses will be deducted from the
proceeds at the time of delivery.
Expenses shall include:
Baud counsel fees and charges
Election expenses
Bond rating fees and any related travel to rating meetings
Any out of state travel in connection with a debt issue
Printing and distribution costs of offering documents and securities
Publishing cost of any legally required notices
Escrow and paying agent fees, and other costs necessary to close a negotiated issue
E
7
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RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES
WITH BORROWING PROCEEDS
WHEREAS, Brazos County, Texas (the "Issuer") desires to pay expenditures in connection with
the design, planning, acquisition, construction, equipping, and/or renovating the project or facilities
described in Exhibit A attached hereto (the "Project');
WHEREAS, Chapter 1201, Texas Government Code, as amended ("Chapter 1201"), permits the
Issuer to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or
incurred before the date of issuance of such obligations; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the
payment of such expenditures will be appropriate and consistent with the objectives of the Issuer's
programs and, as such, chooses to declare its intention, in accordance with the provisions of Section
1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues
obligations to finance the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS
COUNTY, TEXAS THAT:
Section 1. This Resolution declares the intention of the Issuer to reimburse the expenditures for
the Project with the proceeds of obligations. The Issuer presently intends to reimburse the expenditure by
incurring obligations issued under Texas law the interest on which is excludable from gross income under
section 103 of the Internal Revenue Code of 1986, as amended.
Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an
aggregate maximum principal amount now estimated to be equal to $ for the purpose of
paying the costs of the Project.
Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months
after the date the original expenditure is paid or the date the Project is placed in service or abandoned, but
in no event more than three years after the original expenditure is paid unless the Project is a construction
project for which the Issuer and a licensed architect or engineer have certified on Exhibit A that at least
five years are necessary to complete the Project in which event the maximum reimbursement period is
five years after the date of the original expenditure.
Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in
Section 1.150-2 of the Treasury Regulations and evidences its intentions under Chapter 1201.
Section S. This Resolution shall be liberally construed to evidence the intent of the Issuer to
comply with state law and federal income tax law in the issuance of tax-exempt obligations for the
Project.
/d
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EXHIBTT A
PROJECT DESCRIPTION
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•
*OL-2~~Aqc~.5 ~5-,
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SEP 112001 111
EMPLOYE
CES
A Division of Harrington Benefit Services, Inc.
P.O. Box 70100
Shreveport, Louisiana 71137-0100
(318) 424-1987
Fax (318) 424-9702
September 4, 2001
Ms. Ruth McLeod
Brazos County
300 E. 26TH St., Ste. 313
Bryan, TX 77803-5327
Re: Notification/Proposed Amendment for HIPAA Nondiscrimination and Other Plan Provisions
Dear Ruth:
The purpose of this letter is to inform you of federal legislative regulations that passed regarding the Health Insurance
Portability and Accountability Act on March 9, 2001 and that affect certain plans renewing on or after July 1, 2001. In
addition, there are other issues that have surfaced due to claim situations and/or court decisions that are outlined in this
letter and for which we are requesting a written response.
The information is presented in the following format: The Health Insurance Portability and Accountability Act;
Qualified Medical Child Support Orders, State Regulations That May Affect Self-Funded Governmental Plans That Are
Not Subject To ERISA; and Voluntary Plan Clarifications.
Reinsurance rates may be impacted ifplan provision changes affect plan limitations, maximums, or otherwise alter
the reinsurer's risk.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
Brazos County, as a non-Federal governmental unit, has continued to exercise its right to annually opt out of compliance
with certain sections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The requirements of
the Health Insurance Portability and Accountability Act that apply to group health plans that are non-Federal
governmental plans are contained in title XXVII of the PHS Act and enforced by HCFA (now ]mown as Ceaters for
Medicare and Medicaid Services. Tire acronym is CMS, although CMMS would make more sense). On March 9, 2001,
changes to the PHS Act were enacted as part of HIPAA in regard to rules governing the provision prohibiting
discrimination based on a health factor for group health plans.
The Health and Human Services (HHS) Department provided a model HIPAA Exemption election document to be
submitted at each plan year anniversary for plans electing to be exempt from certain sections of HIPAA. The model
notice includes six exemptions, of which the following is one shown - "Prohibitions against discriminating against
individual participants and beneficiaries based on health status." For the HIPAA items addressed in this letter, it is our
understanding that your previous election to opt out of the HIPAA compliance requirement on "Prohibitions against
discriminating against individual participants and beneficiaries based on health status" will continue to govern.
However, should you decide to comply with that requirement, we are providing you with some of the highlights of this
provision affected by these latest interim final rules.
A TRADITION OF SERVICE EXCELLENCE
If a plan elects to comply with this provision, it cannot discriminate against individual participants and beneficiaries in
any of the following categories:
1. Health factors which include - health status; medical condition (including both physical and mental illnesses);
claims experience; receipt of health care; medical history; genetic information; evidence of insurability; or
disability.
2. Rules established for eligibility - this includes rules relating to enrollment; the effective date of coverage;
waiting periods; late and special enrollments; eligibility for benefit packages (including rules for individuals to
change their selection among benefit packages); benefits (including rules relating to covered benefits, benefit
restrictions, and cost-sharing mechanisms such as coinsurance, copayments, and deductibles); continued
eligibility and terminating coverage.
3. Premiums or contributions.
4. Similarly situated individuals. Similarly situated means that the description and overall characteristics of the
individuals affected are similar. Examples of how a plan can establish a classification that would qualify as
being in compliance with this requirement are:
• A plan may treat participants (i.e., employees) as a group of similarly situated individuals separate from
beneficiaries (i.e., dependents).
• A plan may treat employees as two or more distinct groups of similarly situated individuals if the distinction
• between the groups is based on a bona fide employment-based classification. For example, a plan may treat
full-time employees differently than part-time employees.
• A plan may differentiate based on geographic locations; i.e., this may be considered a bona fide
classification.
5. Non-confinement and actively-at-work and continuous service provisions.
For a self-funded non-Federal governmental plan that deems itself exempt under 45 CFR 146.180 of Federal
regulations, a special transitional rule applies to individuals who were previously denied coverage. In the future, should
you elect to comply with the provision - "Prohibitions against discriminating against individual participants and
beneficiaries based on health status", you must:
a. Notify all eligible individuals that the plan will be coming into compliance with the requirements of this
section; i.e., "prohibitions against discriminating against individual participants and beneficiaries based
on health status"; specify the effective date of compliance; and inform the individual regarding any
enrollment restrictions that may apply under the terms of the plan once the plan is in compliance with
this section.
b. give the individual an opportunity to enroll that continues for at least 30 days;
C. permit coverage to be effective as of the first day of plan coverage for which an exemption election is
no longer in effect;
d. not treat the individual as a late enrollee or a special enrollee.
• If you elect to comply with this provision, the Eligibility section of your Plan will be restated and amended. Under this
same provision, the latest interim rules state that a plan may not deny benefits otherwise provided for treatment of the
injury if the injury results from an act of domestic violence or a medical condition (including both physical and mental
health conditions). This is referenced as a "source-of-injury exclusion" in the regulations.
The option below indicates the election made for the plan year commencing November 1, 2001 regarding the provision -
"Prohibitions against discriminating against individual participants and beneficiaries based on health status."
[Elect to continue to Opt-out of this HIFAA provision
❑ Elect to comply with this HIPAA provision, which will require adoption of all the
above
C7
QUALIFIED MEDICAL CHILD SUPPORT ORDERS
The Child Support Performance and Incentive Act (CSPIA) requires enrollment of child(rea) subject to a QMCSO in
plans established or maintained by state and local government, churches and group health plans subject to ERISA.
If you do not have a written procedure in place for determining if a Child Support Court Order is "qualified", the
attached sample checklist and procedures may assist you when conferring with your legal counsel to establish such
guidelines. We recommend that you consult with your legal counsel when establishing these procedures. For
information purposes, plans that are subject to ERISA are required to include in their Summary Plan Description
(employee booklet) either a description of the plan's procedures governing qualified medical child support court order
(QMCSO) determinations or a statement indicating that participants and beneficiaries can obtain, without charge, a copy
of such procedures from the plan. This requirement for ERISA plans is not applicable until the first day of the second
plan year beginning on or after January 22, 2001.
Although it has been communicated to us that your plan is not subject to ERISA, do you wish to include such a
statement in your Summary Plan Description (booklet)?
[Include a statement in the booklet
❑ Do not include a statement in the booklet
The U.S. Department of Health and Human Services (JHHS) has an internet site with information on the QMCSO
regulations at: http.llwww.doh.gov/doUpwba/publialhealthhtm
Select the section entitled, Department of Labor issues final rule which will help children gain access to coverage under
their non-custodial employer based group health plan; highlight "Federal Register Notice"; once the Federal Register
pulls up, highlight PDF version and then the document will be converted to a different format for easier reading.
STATE REGULATIONS THAT MAY AFFECT A SELF FUNDED GOVERNMENTAL PLAN THAT DEEMS
ITSELF NOT SUBJECT TO ERISA
Due to the complicated federal mandates that are being passed, in addition to the various interpretations of legal
counsels representing employer groups within this sector, it is strongly recommended that you seek legal counsel to
determine the extent to which your plan is subject to state law. Some employer groups within this sector adopt state
insurance laws they feel would perhaps, prevent unnecessary challenges in court, whereas, other similar employer
groups, take the position that its plan is not subject to any of the state laws. Yhis decision is to remain with each
individual employer and its legal eounseL
VOLUNTARY PLAN CLARIFICATION
Other issues that may relate to your plan, although they are not mandated, have surfaced due to claim situations
and/or court decisions. Please review the following sections and indicate If you wish your plan to be amended at this
time:
• PRESCRIPTION CONTRACEPTIVE DEVICES AND ORAL DRUGS
Recent rulings, specifically by the EEOC, have determined that denial of prescription contraceptive devices and oral
contraceptives for female employees, regardless of reason prescribed, constitutes discrimination of Title VII of the
Civil Rights Act of 1964. While covering contraceptives is not yet mandatory, in view of the rulings, you may wish
to amend this provision in the Plan. If you elect to amend, all such references in the Plan Document will be
amended to reflect the change. Since you have a separate prescription drug vendor, that contract may also aced to
be amended for consistency. Your Plan currently covers oral contraceptives under the separate prescription drug
card program; however, contraceptive devices and implants are excluded.
❑Amend at this time " not amend at this time
•
If you do decide to amend, please indicate procedure for handling claims:
❑ Process prescriptive devices, injections, and implants under Medical
❑ Other, please indicate
• BREAST REDUCTION
In recent claim situations, reinsurance carriers have denied benefits for medically necessary breast reductions,
because the plans did not specifically state the exception "unless deemed to be medically necessary". Your Plan
has a breast reduction exclusion and does not include the exception "unless deemed to be medically necessary". Do
you wish to add the phrase "unless medically necessary"?
5Kend at this time
•
• SUBROGATION
❑ Do not amend at this time
Due to recent court decisions, employers are recommended to review the subrogation language found in the Plan
Document. If you elect, we will include updated subrogation language in the amendment, which will:
allow the Plan to have first rights to any recovered monies; and
stipulate that the Plan will not pay any fees (which encompasses attorney's fees) associated with
the person's pursuit of a claim, without the Plan's prior written consent. Your Plan's current
language may be silent on this issue, without wording prohibiting the payment of such fees;
therefore, the Plan could be held responsible. By taking the position of excluding fees, the Plan
gains the flexibility to negotiate such fees.
[Amend at this time ❑ Do not amend at this time
Your Plan is silent regarding subrogation against a named insured's policy. Do you wish to subrogate against a
named insured's own policy?
l<es
❑ No
• CLAIM FILING DEADLINE FOR TERMINATED EMPLOYEES
We would like to call to your attention a plan provision that is seldom referenced but that is used fimn time to time
• when processing claims. Your plan includes a separate claim filing deadline for employees who have terminated
employment; i.e., active employees have one year and 90 days from the date the expense was incurred to file a
claim except in the case of legal incapacity, while terminated employees have 90 days from the date of termination
of coverage in which to file a claim. You, as the Employer, may wish to have the more restrictive date for
terminated employces. We recommend that you review this plan provision and decide if the provision is written
to comply with the intent of the Plan.
❑ Amend Plan to have the greater claim filing deadline for active and terminated employees
Leave the Plan as currently written
❑ Other
We appreciate your prompt review and response to the above items. You may want to fax your reply to 318-424-9702.
Upon receipt, our office will prepare the first draft of the amendment for your review and approval.
Depending on the characteristics of your employee group; i.e., number of locations; number of PPOs' utilized; number
of plan designs offered to employees, etc., you may want to consider utilizing the Plan Document as the Summary Plan
Description, which offers the time and costs advantages of keeping only one and not two documents updated and
published simultaneously. It is permissible to distribute the Plan Document with Amendments attached, or we can work
toward incorporating all Plan Amendments into a new Plan Document and using this restated document as both the Plan
Document and the Summary Plan Description. Future amendments may then be distributed as adopted, instead of
reprinting the booklets.
In these and all other plan matters, since we cannot render legal advice or regulation interpretations, we recommend
that you consult with the proper legal authority to obtain a final determination as to the applicability of all provisions
to your plain. Our intent is to make this material available in order to assist you in making informed choices
following consultation with your legal representative
In order to communicate the changes to your employees, do you want?
❑ An amendrrient to the booklet prepared;
L1Q The booklet (Summary Plan Description) updated with all changes reflected in it; or
❑ The Plan Document to be used as the Summary Plan Description/Plan Document. If you
request the latter, it will take at least eight to ten weeks (if not longer) to restate and update the document.
Should you have any questions, please do not hesitate to contact our office.
Sincerely,
Elizab6di Thomas
Compliance Coordinator
~ - . - 4 -C - 1'~- /O-9-oi
Authohzod Si ture of ent Date
CC: Mark Grierson, Agent
Attachments:
Samples of QMSO Procedures
60
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ADDENDUM
TO
ADNMWSTRATIVE SERVICES AGREEMENT
The Client hereby acknowledges that HARRINGTON BENEFIT SERVICES, INC. has succeeded to
substantially all of the commercial large group division assets of HARRINGTON BENEFIT SERVICES, A
DIVISION OF HEAL•THPLAN SERVICES, INC. The Client hereby agrees to amend the Administrative
Services Agreement- effective NOVEMBER 1, 2000 between HARRINGTON BENEFIT SERVICES, A
DIVISION OF H$ALTHPLAN SERVICES, INC. and BRAZOS COUNTY as the Representative
thereunder, effective as of October 26, 2000 and to make certain other revisions as enumerated herein:
EFFECTIVE NOVEMBER 1.2001:
Section 5.1(a.) & Exhibit A" Item 4:
&ervices to be Provided Pa ent Schedule
• Medical & Dental Claims Administration $10.25 per employee per month
PPO Repricing Fee $ 1.00 per employee per month
Exhibit "A" Item 5:
EXCESS LOSS UNDERWRITER: SUNLIFE
All other terms and conditions of the original Agreement and Amendments will continue in effect.
HARRINGTON BENEFIT SERVICES, INC.
By
Title President
Date
0
BRAZOSCOUNTY
By _
77
Title • Lo u ns-rY dup.- s_
Date t o- 9- o f
E
BID TABULATION 2002-009
PAVEMENT MARKERS AND STRIPING
N-LINE TRAFFIC
UNITED RENTALS
Unit Price
Total Price
Unit Price
Total Price
1
20,000
LF
4" Reflectorized Markings (81D)(Re-stripe)
0.17
3,400.00
0.19
3,800.00
2
5,000
LF
4" Reflectorized Markings (BRK)(Re-stripe)
0.19
950.00
0.19
950.00
3
80,000
LF
4" Reflectorized Markings (SLD)(Layout)
0.22
17,600.00
0.25
20,000.00
4
12,000,
LF
4" Reflectorized Markings (BRK)(Layout)
0.24
2,880.00
0.25
3,000.00
5
500
LF
12" Reflectorized Markings (SLD) (Re-stripe)
0.45
225.00
1.25
625.00
6
500
LF
12" Reflectorized Markings (SLD) (Layout)
0.60
300.00
1.35
675.00
7
200
LF
18" Reflectorized Markings (SLD)(Re-stripe)
0.90
180.00
1.40
280.00
8
200
LF
18" Reflectorized Markings (SLD)(Layout)
1.00
200.00
2.00
400.00
9
200
LF
24" Reflectorized Markings (SLD) (Re-stripe)
1.25
250.00
2.50
500.00
10
200
LF
24" Reflectorized Markings (SLD) (Layout)
1.50
300.00
2.70
540.00
11
10
EA
4" Reflectorized Directional Arrow
25.00
250.00
20.00
200.00
12
10
EA
8" Reflectorized Directional Arrow
60.00
600.00
40.00
400.00
13
10
EA
4' Reflectorized Combination Arrow
45.00
450.00
35.00
350.00
14
10
EA
8' Reflectorized Combination Arrow
80.00
800.00
60.00
600.00
15
300
SQ FT
Eliminate Existing Pavement Markings
4.00
1,200.00
4.50
1,350.00
16
20
HR
Pressure Cleaning
70.00
1,400.00
150.00
3,000.00
17
2,000
EA
4" Type 11-AA Raised Reflective Pavement Markers
4.25
8,500.00
3.90
7,800.00
18
500
EA
4" Type 1-A Raised Reflective Pavement Markers
4.25
2,125.00
3.95
1,975.00
19
4
EA
Reflectorized Railroad Crossing
250.00
1,000.00
200.00
800.00
RECOMMEN
DATIO
N
AWARD DAT
E:
d
15
ci
%IN Enterprise
-go: z) a icz~*JZJA
Group H"dqurtets
SERVICE AGREEMENT
This agreement is made and entered into this day of ,
by Enterprise Rent-A-Car C Enterprise) of 701 E Ben White Blvd., Austin, TX 78704,
and b ra ZO2 Coun`~-Lt . It is binding only in respect to rental rates, payment,
mileage restrictions, fuel replacement policies, rental qualifications, and matters regarding
collision and liability insurance for the rented vehicles. Any changes must be made-in
writing and failure to agree with such changes by either party will at that point terminate
the agreement.
•
•
The Purpose of this agreement is to provide vehicles for employees of
r a2.0S ou n,1_ as a temporary car program.
~j
The details of this agreement are as follows:
QUALIFICATIONS: Employees will need to provide their six digit Corporate Class ID
number at the time of the reservation for rental to qualify for the following terms and
conditions.
RATES: Attached
MILEAGE: Attached
CAR CATEGORY: Choice of car category will be at the renter's discretion.
FUEL: Rented will be required to replace the fuel or be charged the predetermined fee.
PAYMENT:
OPTION A. We will reimburse our employees for all rentals.
OPTION B: We will apply for direct billing.
LIABILITY COVERAGE: 14-11
OPTION A: We -choose to purchase Supplemental Liability
Protection which w171 provide liability coverage up to $1,000,000.00 in all instances where
damage does not result from a direct violation of the terms and conditions listed under
paragraph 6 of an Enterprise Rental Document.
OPTION B: Liabilitywill be carried by and maintained at the
company's own expense, including comprehensive general liability insurance in an amount
not less than $1,000,000.00 combined single limit coverage for all losses, liability and
damages arising from providing the rental services described herein, with Enterprise being
named as an additional insured. The account will provide Enterprise with proof of said
coverage.by providing a copy of the insurance binder.
Name of the Insurance CompanyZng, Ne.+4we& Policy #_(!.P 0430(0,13 r
0-~- TcXaS - PPhone # R.loo-oto4t7
I1litials ~n~~ [V\,'atlc~r~~~`lgeJt'}'
701 East &n white Boulevard Austin, 7e= 78704 512-912-0332 Fu 512-912-9381
0
Enter rise
1= -
OMPHeadqumn
APPLICATION FOR DIRECT BILLING
I, 41V th \AJ, _l onn! , (title) , Oun~ m i~ v_ j 4C, upon signing
this applications for direct billing as an officer of the corpor9l'tionlsole proprietor of the
company, give Enterprise Rent-A-Car, full permission to obtain any information regarding
my company's credit standing and am aware that said information is solely for the purpose
of establishing an open credit account with Enterprise Rent-A-Car.
I further agree that, upon approval of this application, I will abide by the
contractual agreement terms for payment between myselflcompany and Enterprise Rent-
A-Car. I am aware that violation of the said terms can lead to legal action.
I am also aware that if this application is approved, Vmy company will be on a
ninety (90) day probationary period and failure to make payment for services rendered will
result in immediate cancellation of my account and possible legal action.
I authorize Enterprise Rent-A-Car to investigate my credit background and
payment history with other trade references as part of the process of approving this
application
Signed
Title
Witnessed by (Name) *11
FOR OFFICE USE ONLY
Approved? Yes No By
Account #
Comments:
Title
0, I(P4
WO L. 2 t
~
701 Fast Sea White Boulevard Austin. Texas 79704 512-912-0332 Fu 312-912-9361
• -
. rent ar
aranp Headgttartaa
Company Information:
BILLING APPLICATION
•
U Company is a Corporation: State of Incorporation Date of Incorporation
List full names for all corporate officers
Namo Tale Naas TWO
'bade Refereacea: (other than bank cards, gas cards, utilities, landlords and other car rental companies)
Nana Addrma
pbme / Fax S Aooovat #
Name AddMw -
Fsx M Aooamt d
Nana Address
r
Phcoe N F"# Aooajd !
By,&- to be billed =din oon" ation efEataprise Rmt-A-Car edaWinf aeda forte above. (1) asat individual, or (2) we aspamws or as oflwas ofthe
Corporation, hereby jointly sad aevQany VwwAx M psymmat for all chag a an soooua ofand w mg out ofthe mast of any and all automobiles by our repraamctives,
and agree to make full psyme+a to same m AtH seoordanoe with Falapriae Rent-A Car's o e& terms as 94W on the raspeaive rental 4V*w30Ql
Nam Tale Nam Tick
Two si8trattrr cs required for corporation or partnership on „ rA
701 But Etta White Boulevard ~AAui stin,~7laras 78704 512-912.0332 Fax 512-912-9381
0
Cityad&74 Code Biilwg Coolsct/Paidan ,
If Company Is a Proprietorship or Partnerelifp: ❑ Partnership 0 Proprietorship In business since
phoee ! Fax 0 Account i
ME~
t-
a-c r
DIRECT BILL MIMST
Why a direct brill instead of a credit card?
lbi lb w tlIt be Qa 4 6%4 ra24-% eov►+
ca i5s uande- o a rc haae O r-►e r
What are the rentals used for? Tvne of business?
Monthly Usage /month?
Who is authorized to use the direct bill? Drivers?
R ~raZns ~eun~-~. t.jho ~N.Q e.
can we control it?
Vr shahs O y'C'em axe reA U t
`De-nr r_ Ver,* al i5 a llo Wed . V _
Where are the checks issued? Who should be contacted if questions?
_a_ 2.s 3 C o j;14. NR) 7- re35yre r'~ 0 ~i c.e
m! ~:ohs r a2 m, 7reaSvre r
701 Fiat Ben white Boulevard Austin, T"w 78704 512-912-0332 Fa 312.9129381
Where 6ni ld the hills hP apnO
•
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
•
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: October 9.2001
ITEM: Request from Verizon to construct road bores and 3,148 ft of buried cable in the
rights of way of Lightsey Lane, Los Robles and River Road. Site is located in Precinct
1. See Notes/Exceptions.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope.
2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 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.
3) 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.
4) Ditch line shall be compacted to 900/6 standard density ASTM-Test Method No. D-698; test shall
be conducted by an independent Geotechnical testing firm, copies of all test results shall be
furnished to the office of the Brazos County Engineer.
5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Highways, published by the Texas Department of Transportation, and all
other State and Federal laws governing utility construction.
NOTESIEXCEPTIONS:
Caution should be taken due to narrow rigth of way (50') on River
Road to prevent damage to the flow line of the ditches at the point
where installation will be 5' from the right of way line.
•
APPROV
Commission ony Jones
Precinct 1
Approved V, Denied ❑ by Commissioners' Court
Date: 10 - 9 - O /
Alvin W. Jones, Cou Judge
ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY:
pa"r- 1~
Richard F. Vance, PI.L.
County Engineer
0001-095
is
ver
-on
ACCESS DESIGN
301 INDUSTRIAL BLVD.
BRYAN, TX 77803
SEPTEMBER 27, 2001
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 FROM ED-135 AND A WORK LOCATION SKETCH SHOWING THE LOCATION OF
OUR PROPOSED BURIED CABLE LINE ON COUNTY ROADS IN BRAZOS COUNTY AT COLLEGE
STATION, TEXAS.
THIS WORK IS TO BE COMPLETED ON WORK ORDER FOR 5416 - 3P002LG, WHICH IS
SCHEDULED FOR OCTOBER 1, 2001. IF YOU HAVE ANY QUESTIONS CONCERNING THIS WORK,
PLEASE CONTACT CHARLES ALLEN AT OUR OFFICE IN BRYAN, TELEPHONE 979-821-4761
WITHIN 15 DAYS SO THAT WE MAY EXPLAIN OF MODIFY OUR PROPOSAL, OTHERWISE, IT IS
UNDERSTOOD THAT THIS PROPOSAL IS APPROVED.
SINCERELY,
GARY BANT
SUPERVISO -ACCESS DESIGN
GB:EC
ATTACHMENT
a _If tS,
•
•
VERIZON COMMUNICATION
Notice of
Line Installation
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
September 27, 2001
Formal notice is hereby given that VERIZON COMMUNICATIONS will
construct a communication line within the right-of-way of a County Road in
Brazos County, Texas as follows:
Beginning at the intersection of River Road and Whispering Ridge
a buried cable will be placed under River Road from the south to the
north R.O.W. At that point the cable will then extend west for a
distance of 3148 feet. The cable will be placed 3 feet in the R.O.W.
at a depth of 30".
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 Verizon 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 or after October 1, 2001.
VER ON COM NICATIONS
Gary Ban
Supervisor-Access Design
301 Industrial Blvd.
Bryan, TX 77803
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WITH THIS WORK ORDER ONLY.
NOTE SPECIAL CKT PRINTOUT.
WORK SAFELY
NOTES TO CONST
LOCATE ALL BURIED UTILITIES
BEFORE DIGGING IN THIS AREA.
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BRAZOS COUNIN R
POINTS OE S
INTFJ M
13 1. ALEXANDER m
,7 2......ALLENFARM
4 3 BRAZOS CO. 1NDUSTRIAL PARK...... M
F3 4......BRIARWOOD RETREAT BRYAN.......... ~~y9
11 5..... BRYAN 'Q
12 6 BRYAN INDUSTRIAL PARK
F9 7.....CARRABBA IND. PARK
1.8 8._...CAWTHON eoe
s+oa16
I I 9.....COLLEGE STATION BUSINESS PARK..
Fe 10.. COULTER AIRFIELD
w 11 CURTIS SKY RANCH AIRFIELD (PVT).. ,rasrsoNTOPEKA ANTA M RAILWAY
F8 12....EASTERWOOD AIRPCIRT._
11 13... EDGE.. FMM
:8 14.... FAIRVIEW COMMUNRY
I 1 I S.. HARVEY COMMUNITY IROL sojV
12 16... KURTEN NTY
:7 17 ..MACEDONIA
46 18...JVIACEY COMMUNITY .
12 19...MUI.LICAN WH
13 20 ...MOORE...... 46
11 Z I ...MOORING ......................................E-7.8
.6 Z2... MUDVILLE (STEEL RRSTI~ ..................._.,.&a
46 23... NELLEVA. .....................L-14
12 24 PEACH CREEK COMMUNITY L-1 Z
1 I 25.. POST OAK MALL . .....1.1-9
11 2G RELIANCE..... . . J.K-6
.
P
•
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: October 9. 2001
ITEM: Request from Wickson Creek Special Utility District to construct a road bore for
water line installation in the right of way of Bird Pond Road south of its intersection with
State Highway 30. Site is located in Precinct 3
SOURCE OF FUNDS: N/A
• I. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) All installations shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) vnthin 3-5' of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc from county right-of-way.
D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test
shall be conducted by an independent geotechnical testing firm; copies of all test results shall be
furnished to the office of the Brazos County Engineer.
E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways, published bytheTexas Department of Transportation,
and all other State and Federal laws governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY:
• Azz~
IGPi
Richard F. Vance, P29-.1 I Commiss' ner Randy Sims
County Engineer Precin 3
CCOI-096
Approved R (I Denied ❑ by Commissioners' Court
Date: 10-9-of
Alvin W. Jones, Co ty Judge
0
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given tha (applicantlbinknan creek s.U.D Proposes to
place a (type)watdr •lineR a right-of-way of (road) Bird Pond Rd.
In Brazos County, Texas as follows:
The location or description of the proposed Installation Is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that
1. The County Engineer must by notified 72 hours prior to the beginning of
construction in order that he or his designated Inspector may irispect the
actual installation.
2. That all damage to the roadways and rights-of-way will be repaired to
their original condition to the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same become
necessary due to widening or lowering, or other alteration of the
roadway or right-of--way.
4. That Brazos County will In no way be responsible for any damage which
might occur to any edsdng utility lines in the right-of-way.
5 That the line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Tom Department of Transportation on May 29, 1989.
6. That the line or lines will be constructed no less than twenty-four inches (24)
lower than the lowest part of the drainage or bar ditch and the drainage Is to
be considered at least two feet (2) below the center of the roadway.
7. That all sites will be barricaded during the construction period.
Construction of this fine will begin on or after the midday of ^ Oct, VLROI
FIRT1; ,,Wi i~~`saa~n _Creek S.U.D.
BY: A;[~s~'LL,Vro, ,J
Title: General Manager
Address; P. O. Box 4756
Aryan. TX 77805
Phone: 979 -589-3030
APPROVED BY COMMISSIONERS'
COURT ON: m, e- V 5 /✓or-r- 0
to-9-nl
Date AS c T 3
A -Cne-)
l
Alvin W. Jones, Coun Judge ] r' &I- t 7-0/
•
•
i
0
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: October 9. 2001 L q-+-~
ITEM: Request from Wickson Creek Special Utility District to construct a road bore for
water line installation in the right of way of Raven Drive approximately 0.1 mile from its
intersection with Merka Road. Site is located in Precinct 3.
SOURCE OF FUNDS: N/A
PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) All installations shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 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-0f--way line.
C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test
shall be conducted by an independent geotechnical testing fine; copies of all test results shall be
furnished to the office of the Brazos County Engineer.
E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices forStreets and Highways. published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY:
Richard F. Vance, P.Lvc~
ommis ' ner Randy Sims
County Engineer Preci 3
0001-097
Approved 2"1 Denied ❑ by Commissioners' Court
Date: 10 - 9 -e3[
Alvin W. Jones, bourffy Judge
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given that (applican"Unksn„ Creek s.U.Dproposes to
place a (type)water -linen }pie right-of-way of (road) Rave- Rd.
In Brazos County, Texas as follows:
The location or description of the proposed Installation Is more fully shown by 3
copies of the drawings attached to this notice.
• 1 understand and agree that
1. The County Engineer must by notified 72 hours prior to the beginning of
construction in order that he or his designated Inspector may Inspect the
actual installation.
2. That all damage to the roadways and rights-of-way will be repaired to
their original condition to the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same become
necessary due to widening or lowering, or other alteration of the
roadway or right-of-way.
4. That Brazos County will in no way be responsible for any damage which
might occur to any axlsting utility lines in the right-of-way.
5. That the line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. That the line or lines will be constructed no less than twenty-four inches (241
lower than the lowest part of the drainage or bar ditch and the drainage Is to
• be considered at least two feet (2) below the center of the roadway.
7. That all sites will be barricaded during the construction period.
Construction of this line will begin on or after thc.3rdrd ay of Oct. fg2001
F1rrm:,iWioksgn Creek S.U.D.
Bv:1Lk L' ata& - -
Tltie: General Manager
Address: P. O- Box 4756
Bryan. TX 77805
Phone: 979 -589-3030
APPROVED BY COMMISSIONERS'
COURT ON:
/a 9 -,n! 09 _ ZZ' W Date 11,4;- 3
IZ. C'no~
Alvin W. Jones, Coy Judge 0
0
~ ~ a ..e.►~ u~n~~ S c~dv.
Le-t a, I L&t S
60, POU3 Rayoi b r LPco J
poSQC(
I/ja ml Rd
Na~n'tac.ko~! 1
.~~aw,ng -ft,r-~~se,a( 30 ~
P oOcd ~"Co- "Zi n!3 3" ~v e.
eAcasQYnzY'l- pipe, nth iya"
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Locxi.--x o„l f ave n ar.
6Y . o+. You, q- a44-01
O ~C►A - i eld.
~q v~CL,
•
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: October 9 2001 !s .r
ITEM: Request from Wickson Creek Special Utilily District to construct a road bore for
water line installation in the right of way of Dick Elliott Road approximately 0.3 mile from
its intersection with FM 974. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
• I. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) All installations shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test
shall be conducted by an independent geotechnical testing firm; copies of all test results shall be
furnished to the office of the Brazos County Engineer.
E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways, published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
ll. ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY: APPROVED BY:
• ce,
Richard F. Vance, P. Commissioner William S. Thornton
County Engineer Precinct 2
0001-098
Approved d/ Denied ❑ by Commissioners' Court
Date: 10-9 -o f
Alvin . Jones, Co ty Judge
VrOL. 1-79
F
40
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice Is hereby given that (applicantmink!gnn Creek S.U.D proposes to
place a (type)water -line RIAe right-of--way of (road) Dick Elliott Rd.
In Brazos County, Texas as follows:
The location or description of the proposed installation Is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that
1. The County Engineer must by notified 72 hours prior to the beginning of
construction in order that he or his designated Inspector may Inspect the
actual Installation.
2. That all damage to the roadways and rights-of-way will be repaired to
their original condition to the satisfaction of the County Engineer.
3. That Brazos Courtly reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same become
necessary due to widening or lowering, or other alteration of the
roadway or right-of-way.
4. That Brazos County will in no way be responsible for any damage which
might occur to any adsting utility lines In the right-of-way.
5 That the line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. That the line or lines will be constructed no less than twenty-four inches (241
lower than the lowest part of the drainage or bar ditch and the drainage Is to
be considered at least two feet (2) below the center of the roadway.
7. That all sites will be barricaded during the construction period.
Construction of this line will begin on or after the 3r~lday of Oct. V L001
Firm: Wicksoo Creek S.U.D.
APPROVED BY COMMISSIONERS'
COURT ON:
Date
By, h'z ,f L/ Z2 J
eneral Manager
Title: General-
Address: P. O. Box 4756
Bryan. TX 77805
Phone: 979 -589-3030
499-7- 7-m/
Ae,- 2
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d„~. ,g 5 NOR~D
Alvin Jong Cou Ju 1 p
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road bo-Ce- ustn I %a' Pv e.
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NYC u-~OcfkY~if'lR.. Q.~is:~3uc.l•
ev AhnYflLA.\19 C~-24- 0 I
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•
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Alvin W. Jones, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in the Revised Statutes of the State of Texas. (Texas Local Government Code,
114.026)
Witness my hand this q day of A.D. 2001.
2i cQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this 91% day of
dexo c.d.a - 2001.
issionezXP=int #2
Randy Sims y.6mmiissi6ner Precinct #3
eff4 Caule , Commissioner P in
Treasurer's Report for the Month of AUGUST 2001
AUGUST 2001 TREASURER'S REPORT
w
FUND NUMBER &NAME
CASH BALANCE
07/31/2001
INOOMING
INVESTEDTEXPOOL
INTEREST -AUG
SUB-TOTAL
DISBURSED
CASH BALANCE
08131/2001
INVESTED
CK.ACCT.BAL
0813112001
01 -GENERAL RIND
22,623,547.38
1,591,179.18
55,247.56
24,269,974.12
3,550,564.82
20,719,409.30
21,098,745.57
(379,336.27)
02 - COUNTY HEALTH ENDOWMENT RIND
2,512,139.75
810.26
4,218.26
2,517,168.27
19,000.00
2,498,168 27
2,282,859.82
215,308.45
05 - HEALTH DEPARTMENT
679,875.22
116,601.06
-
796,476.28
78,642.77
717,833.51
717,833.51
12 - STATE LATERAL ROAD
34,607.03
98.44
2058 .
34,726.05
-
34,726.05
6,257.73
28,468.32
13 - UNCLAIMED FUNDS
258,864.38
1,520.42
-
260,384.80
717.61
259,667.19
-
259,667.19
14 - COMMUNITY SUPERVISION
735,388 50
282,337 28
1,898.29
1,019,624.07
286,199.55
733,424.52
421,019.77
312,404.75
15 -LAW LIBRARY
124,532.36
4,149.98
-
128,682.34
128,682.34
-
128,682.34
16 - APPELLATE JUDICIAL RIND
895.37)
840.00
-
(5S.37)
(55.37)
(S537)
17 - ALTERNATIVE DISPUTE RESOLUTION
1,470.00
1,780.00
3,250.00
-
3,250.00
3,250.00
18 - LEOSE RIND
24,456.63
-
-
24,456.63
4,12091
20,335.72
20,335.72
19 - COUNTY RECORDS MANAGEMENT
303,692.24
6,664.18
-
310,356.42
310,356.42
310,356.42
20 - COUNTY CLERK MGMT.FUND
127,166.94
7,383.71
-
134,550.65
5,29746
129,253.19
129,253.19
21- TIME PAYMENT RIND
16,337.59
224.18
-
16,561.77
16,561.77
16,561.77
22-COURTHOUSE SECURITY RIND
317,071.68
8,667.21
875.86
326,614.75
8,962.64
317,652.11
266,366.65
51,285 46
25 - SPECIAL FORFEITURE RIND
2,015.03
123.25
-
2,13828
-
2,138.28
-
2,138.28
28 - VOTER REGISTRATION
32,580.15
5.84
101.93
32,687.92
835 70
31,852.22
31,000.29
8S1 93
29 - VIT INTEREST FUND
81,187.60
669.23
209.78
82,066.61
742.46
81,324.15
63,798.32
17,525.83
30-COUNTY GRANTS
156,569.68
67,108.56
-
223,678 24
97,497.55
126,180.69
126,180.69
31 - M.P 0. RAIL STUDY
121,159.43
35 755 53
-
156,914.96
49,168.87
112,746.09
112 746.09
32 - NARCOTICS TASK FORCE
168,308.28)
93 766.85
4,541.43)
44,182.66
(118,724.09)
(118,714.09)
44-IUDICIAL SOFTWARE RIND
765,695.22
2,660.70
768,355.92
17,402.50
750,953.42
750,953.42
45. GEN PERMANENT IMPV.
1,255,521.55
-
1,255,521.55
15,255.54
1,240,266.01
700,583.13
539,682.88
46 - EXPOSITION CENTER RIND
(92,300.00
116,300.00
-
24,000.00
24 000 00
-
49 - CO. SERIES 1998
1,867,821.60
-
6,740.65
1,874,562.25
214,193.57
1,660,368.68
2,049,980.12
389,611.44
50 - HEALTH & LIFE INSURANCE
912,931.64
275,342.55
2,689.99
1,190 964.18
505,42896
685,535.22
818,083.11
132,547.89)
60 - PAYROLL
342,094.10
921,830 66
-
1,263,924.76
1,180,133.31
83,791.45
-
83,79145
75 - BAIL BOND BOARD RIND
62,901.17
218.27
-
63,119.44
502.66
62,616.78
62,616.78
41- GEN.OBLIG DEBT SVC-
•
TOTAL
1 1
2,458,774.87
Y «r .sir
35,556,898.09
759.32
3,536,796.66
2,602.47
74,605.37
6
2,462,136.66
'
39,168,300.12
-
-
6,097,849.54
2,462,136.66
33,070,450.58
Malm
1,910,796.03
.f ki '
29,649,490.54
ANN=
551,340.63
, A :_11M 7
3,420,960.04
This report is submitted as true and correct to Commissioners Court by Brazos County Treasurer, on
1