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HomeMy WebLinkAbout2001-12-11-0900AM-Regular~w • FILED 2001 DEC -b p 3: 41 BRAZOS COUN AZ~SCO HT .SRYAIL X S BRYAN. TEXAS PUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, DECEMBER 11, 2001 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26'a STREET, SUITE 115, BRYAN, TEXAS. I . Invocation and Pledge of Allegiance - Judge Jones. 2. Call for citizen input and/or concerns. Consider and take action on agenda items 3 - 21 3. Budget Amendment 01/02-7. 4. Personnel Changes of Status. 5. Payment of Claims. 6. The Deferred Compensation Plan for Public Employees. 7. Deed Without Warranty and authorization for County Judge to execute Deed Without Warranty for Part of Lot 38, Block 7, Bryan's 1 ° Addition, to Katherine Perry. 8. Appointment of a Trustee to serve on the Mental Health Mental Retardation Authority of Brazos Valley Board of Trustees. 9. Administrative Services Agreement with Harrington Benefit Services, Inc. forthird party health claim administrative services. 10. Authorization for payment of indigent health claims incurred in January, 2001. 11. Authorization for payment of an invoice from The Software Group for the new Justice Server. 12. Award of the following bids: a. Bid #2002-021 Cold Mix Limestone Concrete Pavement b. Bid #2002-022 Fencing Supplies C. Bid #2002-023 Fence Building d. Bid #2002-024 Motor Grader Blades 13. Approval of RFP #2002-0348, Inmate Phone Contract Renewal. VIOL. ~-y • Commissioners Court Meeting Agenda December 11, 2001 Page Two 14. Submission of a request to the Texas Department of Agriculture to amend Section 7.53, County Special Provisions, (f), of the Texas Pesticide Regulations to change the boundaries of the regulated area of Brazos County. 15. Request from Wickson Creek Special Utility District to constnwt two road bores for water line installation in the rights-of-way of Forest Drive and Bendwood Drive (Forest Lakes Subdivision). Sites are located in Precinct 3. 16. Request from Wickson Creek Special Utility District to construct a road bore and approximately 3,000 feet ofwater line installation in the right-of-way of Cobb Road. Site • is located in Precinct 3. 17. Establishing a speed limit for Jones Road between State Highway 47 and FM 60. Site is located in Precinct 4. 18. Establish date and time for a public hearing to consider posting speed limits on Forsthoff Road, located in Precinct 3, and Foster Road, located in Precinct 4. 19. Approval of the Treasurer's Report for the month of October, 2001. 20. Order authorizing the issuance of $1,000,000 Brazos County, Texas Public Property Finance Contractual Obligations, Series 2001, and approving other matters related to the issuance of the Contractual Obligations. 21. Order authorizing the issuance of $8,000,000 Brazos County, Texas General Obligation Improvement Bonds, Series 2001, and approving all other matters related to issuance of the Bonds. 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Convene into Executive Session pursuant to §551.071 of the Texas Government Code to discuss privileged matters with legal counsel and pursuant to §551.072 of the Texas is Government Code for a discussion concerning the acquisition of real property. 25. Consider and take action on Executive Session. 26. 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. 0 COMMISSIONERS' COURT REGULAR MEETING DECEMBER 11, 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, December 11, 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, Resigned; 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. The County Judge gave the invocation and led the pledge of allegiance. Under citizen input and/or concerns, Commissioner Randy Sims resigned his position as Commissioner, Precinct 3 and announced that he would run for County Judge. The County Judge expressed his appreciation for Commissioners Sims service to Brazos County. The Court next considered Budget Amendment #01/02-7.1 through 7.3, which would transfer funds to Justice of the Peace and Constable, Precinct 6 and Tax Assessor-Collector from Contingency, and reallocate funds for the District Attorney's office. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment with the exception of 7.3, the District Attorney's office is no longer in need of the budget amendment. A copy is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve Vol Q Page 18 8' C7 Commissioners' Court meeting December 11, 2001 2 the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20025553 through 20025784 On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was approval of the Deferred Compensation Plan for Public Employees, Restated Plan Document, Effective January 1, 2002. On motion by • Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the Deferred Compensation Plan for Public Employees, Restated Plan Document, Effective January 1, 2002. A copy is attached. The Court next considered a Deed Without Warranty and authorization for the County Judge to execute the Deed Without Warranty for Part of Lot 38, Block 7, Bryan's 1°t Addition, to Katherine Perry. On motion by Commissioner Thornton, seconded by Commissioner Jones, the Court voted unanimously to authorize the County Judge to grant, sell and convey to Katherine Perry Part of Lot 38, Block 7, Bryan's 1" Addition and authorized for the County Judge to execute the Deed • without Warranty. w the A ointment of id ti f h pp or cons era on as e next matter T a Trustee to serve on the Mental Health Mental Retardation Authority of Brazos Valley Board of Trustees. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to appoint Ronnie Jackson to serve on the Mental Health Mental Retardation Authority of Brazos Valley Board of Trustees. The term will be through February 29, 2004. The Court next considered approval of an Administrative Vol a 81 Page l s40 Commissioners' Court meeting December 11, 2001 3 Services agreement with Harrington Benefit Services, Inc. for third party health claim administrative services. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the Administrative Services Agreement. A copy is attached. The Court next considered authorization for payment of indigent health claims incurred in January, 2001. Due to a clerical error these claims were never billed to the County. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to pay the claims in the amount of $9,402.30. The next matter for consideration was the authorization for payment of an invoice from The Software Group for the new Justice Server. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to authorize the payment of an invoice from The Software Group in the amount of $140,750.00. The Court next considered awarding the following bids: A. Bid No. 2002-021, Cold Mix Limestone Concrete Pavement Becky Stephens, Senior Buyer, made the following recommendations: Primary Vendor: Vulcan Construction THD 330 Class A, Type D Loaded Only THD 350 Class A, Type D Loaded Only THD 350 Class A, Type D Loaded/Hauled Smyth Miners, LLP THD 330 Class A, Type D Loaded/Hauled Secondary Vendor: Smyth Miners, LLP THD 330 Class A, Type D Loaded Only Vulcan Construction TED 330 Class A, Type D Loaded/Hauled Colorado Materials THD 350 Class A, Type D Loaded Only THD 350 Class A, Type D Loaded/Hauled B. Bid No. 2002-022, Fencing Supplies Woodson Lumber - 1.0,2.0,3.1,4.1,4.2,4.3,4.4 Hicks Post Company - 3.2 Brazos Bottom Crop Care - 5.1,5.2,5.3,5.4 Vol 019 Page f go • Commissioners' Court meeting December 11, 2001 4 C. Bid No. 2002-023, Fence Building Primary Vendor: Tim Sikorski Secondary Vendor: Hurst Fencing D. Bid No. 2002-024, Motor Grader Blades Primary Vendor: Valk Manufacturing Secondary Vendor: • Head & Guild Parts, Inc. on motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to accept the recommendations of the Senior Buyer and award the contract as noted. Copies of the bid tabulations are attached. The Court next considered awarding the following Request for Proposal No. 2002-034R, Inmate Phone Contract Renewal Pat Howard, Purchasing Agent, recommended acceptance of the RFP submitted by Evercom, Inc. On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Evercom, Inc. A copy of the contract is attached. The Court next considered submitting a request to the Texas Department of Agriculture to amend Section 753. County Special Provisions, (f), of the Texas Pesticide Regulations to • change the boundaries of the regulated area of Brazos County on motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to submit a request to the Texas Department of Agriculture to amend Section 753. County Special Provisions, (f), of the Texas Pesticide Regulations. A copy of the new boundaries for regulated areas in Brazos County is attached. The Court next considered the request from Wickson Creek Vol a g Page / ot/ Commissioners' Court meeting December 11, 2001 5 Special Utility District to construct two (2) road bores for water line installation in the rights-of-way of Forest Drive and Sendwood Drive in Forest Lakes Subdivision. The sites are located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Jones, 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 and approximately 3,000 feet of water line installation in the right-of-way of Cobb Road in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Jones, 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 establishing a speed limit for Jones road between State Highway 47 and FM 60 in Precinct 4. The traffic study set the 85 percentile at 51.43 miles per hour. On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to set the speed limit at 45 miles per hour. The next matter for consideration was the establishment of a date and time for a public hearing to consider posting speed limits on Forethoff Road, in Precinct 3 and Foster Road in Precinct 4. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to set Tuesday, January 8, 2002 at 10:30 a.m. as the date and time of the Public Hearing. Vol D-9- Page / 1,2- C~ Commissioners' Court meeting December 11, 2001 6 On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to receive, approve and order filed as submitted the Treasurers report for October 2001. A copy of which is attached to and made a part of these minutes. The County Judge deviated from the agenda and continued with announcements while he was waiting on the financial advisor. Under announcement of interest items and possible future agenda topics the County Judge made the following comments: • a) There will be no Commissioners Court meeting on December 18, 2001 but there will be a meeting on December 21, 2001. There will also be a special meeting on January 2, 2002. b) He asked Commissioner Jones to take over negotiations with the group interested in an ice rink for the Exposition Center since Commissioner Sims has resigned. c) The Auditor has asked him to consider a policy on the use of cell phones. Commissioner Cauley commented that we need more cooperation from department heads on training from the Information Technology Department for implementation of new software. The County Judge continued his announcements. d) In reference to the resignation of Randy Sims, the Statutes say that the County Judge must fill the vacancy. This position will be on the Primary ballot in • March 2002 and the November 2002 ballot. At 9:38 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss privileged matters with legal counsel and pursuant to Section 551.071 of the Texas Government Code, and pursuant to Section 551.072, discuss the acquisition of real property. Vol a8' Page 1 T3 0 Commissioners' Court meeting December 11, 2001 7 At 10:11 a.m. the County Judge announced the meeting open to the public and that no action would be taken on the executive session. The Court next considered adopting an Order authorizing the issuance of $1,000,000 Brazos County, Texas Public Property Finance contractual Obligations, Series 2001, and approving other matters related to the issuance of the Contractual Obligations. Bill Newman, financial consultant gave a presentation and recommended that the Court adopt both orders. On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to adopt an Order authorizing the issuance of $1,000,000 Brazos County, Texas Public Property Finance Contractual Obligations, Series 2001, and approving other matters related to the issuance of the Contractual Obligations. The motion also includes the buyer, Prudential Securities. The Court next considered adopting an Order authorizing the issuance of $8,000,000 Brazos County, Texas General Obligation Improvements Bonds, Series 2001, and approving other matters related to the issuance of the Bonds. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to adopt an Order authorizing the issuance of $8,000,000 Brazos County, Texas General Obligation Improvements Bonds, Series 2001, and approving other matters related to the issuance of the Bonds. The motion also includes the buyer, SAMCO. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. Vol .28 Page 19y _ • The foregoing minutes of the Commissioners Court meeting _ u r~ L held December 11. 2001 have been examined and approved in open Court this the _-2AvO_ day of 008:1, , 2002, in Bryan, Brazos County, Texas. 4. QL' - Alvi W. Jones County Judge To y Jo Commissioner, Precinct No. 1 Wm. S. Thornton Commissioner, Precinct No. 2 I.. r- , Carey Cau ey, Jr. Commissio er, Precinct 4 Vol 0 ~~N:~bc-~K.~yrc.e✓ C. B. nes Commissioner, Precinct No. 3 G Karen McQueen County Clerk Page 19 5 I lf~ BRAZOS COUNTY COMMISSIONERS COURT MEETING ON la-i 200 L AT I ov Am NAME ORGAN I7ATLQN/-DEPARTMENT << rt Nw s v 9h~' 711 ~(,1,C11i Lr- 4 G:~ ,.k.w ~v c./z co /4A ~CSv Y 64A -77,77 ~v}-r\Aco< C3cr~\ • BRAZOS COUNTY COMMISSIONERS COURT 9- f MEETING ON----.12 - ll 200 ! AT 9: oo /-M pi J 0 4 , BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2001-2002 BUDGET YEAR NO. 01/02-07.1 to 07.3 On this the 11th day of December 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 December 11, 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 11th day of December 2001. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. W( ~K~ Alvin W. Jones, County Judge BY Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes - ' a t" 91 • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02-7.1 12/11/01 • ~J FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 246001 711190 DR Janitorial Service $ 400.00 01 306001 711190 DR Janitorial Service 400.00 01 110015 611300 CR Contingency 800.00 JP #6 and Constable # 6 To adjust on final budg et to level of contractual arrangement. 800.00 800.00 C7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02-7.2 12/11/01 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 130001 710030 DR Armour Courier Service $ 1,200.00 01 110015 611300 CR Contingency $ 1200.00 Tag Assessor-Collector To amend current budget for contractual cost to provide armoured car service for the Tax Office, which was not included in original budget. 1,200.00 1,200.00 M_a;.h ~ ~ ~ Kam: v •a 05%A • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02-7.3 E • FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 01 190001 521000 DR $ 2,772.00 01 190001 516100 CR l Hourly - Staff 2,772000 To transfer funds from the DA salary budget to Contracted Services to provide fund s for a temp ora em to ee to support the of fice while an employee is out on materni leave. Ns' 2,772.00 2,772.00 PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: December 11, 2001 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPARTMENTNAME EMPLOYEE NAME ACTION REQUESTED 3613T DISTRICT COURT JAKUBIK, TIFFANY TRANSFER FROM DISTRICT CLERK OFF BUILDING MAINT. LEDEZMA JR., RAUL - - BUDIGETED STEP INCREASE _ DISTRICT CLERK - LEGO, ANGELIKA E-- DISCHARGED - - ZARAGOZA, ALESHA F RESIGNATION I.T. PIERCE, MATTHEW A NEW HIRE JUVENUX SERVICES WEBB, CURTIS WAYNE NEW HIRE-TEMPORARY PERSONNEL DEPT. CONDE, LETICIA RESIGNATION w-.- - ROAD & BRIDGE COLE JR, MARLIN MOWING SEASON OVER - TAX OFFICE TAYLOR, RETA RESIGNATION Approved in Commissioners' Court: December 11. 2001 / County Judge's or Commissioner's Signature: (Ibis copy to be attached to minutes) 1 a THE DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES RESTATED PLAN DOCUMENT Effective January 1, 2002 The PLAN consists of the provisions set forth in this document, and is applicable to each PUBLIC EMPLOYEE who elects to participate in the PLAN. The PLAN is effective as to each such PUBLIC EMPLOYEE upon the date he becomes a "PARTICIPANT" by entering into and filing with the ADMINISTRATOR the PARTICIPATION AGREEMENT referred to herein. ARTICLE I • Definitions 1.01. The following tenons shall, for purposes of this PLAN, have the meaning set forth below. (a) ADMINISTRATOR means the organization selected by the PLAN SPONSOR to administer the PLAN. (b) BENEFICIARY means the person properly designated by a PARTICIPANT to receive the PARTICIPANT'S benefit under this PLAN. (c) COMPENSATION means all payments made by the PLAN SPONSOR as remuneration for services rendered, including salaries, fees, etc. (d) DEFERRED COMPENSATION means the amount of COMPENSATION that a PARTICIPANT elects to defer into the PLAN under the PARTICIPATION AGREEMENT. is (e) DEFERRED COMPENSATION ACCOUNT means the separate bookkeeping account maintained by the ADMINISTRATOR within the PLAN for a PARTICIPANT for amounts of COMPENSATION deferred into the PLAN. (f) ELIGIBLE ROLLOVER ACCOUNT means the separate bookkeeping account maintained by the ADMINISTRATOR within the PLAN for a PARTICIPANT for amounts of ELIGIBLE ROLLOVER DISTRIBUTIONS as defined in Section 1.01(8). Dcsoz-e (I Iroi) ~ ~ = (g) ELIGIBLE ROLLOVER DISTRIBUTIONS means an eligible rollover distribution as defined in IRC Section 402(cx4), including eligible rollover distributions to a surviving spouse under IRC Section 402(c)(9). (h) ELIGIBLE RETIREMENT PLAN means an eligible retirement plan as defined in IRC Section 402(c)(8XB). (i) INCLUDIBLE COMPENSATION means, for the purposes of the limitations on deferrals, compensation for services performed for the PLAN SPONSOR which is currently includible in gross income after giving effect to all provisions of the IRC. The amount of INCLUDIBLE COMPENSATION shall be determined without regard to any community property laws. (j) INDEPENDENT CONTRACTOR means any person receiving any type of compensation from the PLAN SPONSOR or any of its agencies, departments, subdivisions or instrumentalities for which services are rendered pursuant to one or more written or oral contracts, if such a person is not an employee. (k) IRC means the Internal Revenue Code of 1986, as now in effect or as hereafter amended. (1) NORMAL RETIREMENT AGE means the age specified in writing by the PARTICIPANT. If the PLAN SPONSOR-has a PLAN SPONSOR'S Retirement System, the NORMAL RETIREMENT AGE specified by the PARTICIPANT must be an age at which the PARTICIPANT is eligible to retire pursuant to the PLAN SPONSOR'S basic pension plan, by virtue of age, length of service, or both, without consent of the PLAN SPONSOR and with the right to receive immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age. If the PLAN SPONSOR has no PLAN SPONSOR'S basic pension plan, the NORMAL RETIREMENT AGE specified by the PARTICIPANT must be at least 60 years. In no event shall NORMAL RETIREMENT AGE be later than age 70%2 years. (m) PARTICIPANT means any PUBLIC EMPLOYEE who is or has been ` eligible to defer COMPENSATION under the PLAN and who participates under this PLAN by signing the PARTICIPATION AGREEMENT and who retains rights to benefits under this PLAN. (n) PARTICIPATION AGREEMENT means the application to the ADMINISTRATOR to participate in the PLAN. (o) PLAN means the Deferred Compensation Plan for Public Employees as set forth in this document and as it may be amended from time to time. DCrso2-F(r 1101) 2 r I - • (p) PLAN SPONSOR means the above referenced county or any of its agencies, departments, subdivisions or instrumentalities for which services are performed by a PARTICIPANT. (q) PLAN YEAR means the calendar year in which the PLAN becomes effective, and each succeeding calendar year during the existence of this PLAN. (r) PUBLIC EMPLOYEE means any person who receives any type of compensation from the PLAN SPONSOR for which services are rendered (including, but not limited to, elected or appointed officials, salaried employees, and INDEPENDENT CONTRACTORS). (s) SEVERANCE FROM EMPLOYMENT means the severance of a PARTICIPANT'S employment with the EMPLOYER, as defined by IRC • 457(d)(1)(A), or on account of the PARTICIPANT'S death or retirement. An INDEPENDENT CONTRACTOR shall not be considered SEVERED FROM EMPLOYMENT with the PLAN SPONSOR and shall not receive any benefits hereunder unless (i) at least 12 months have expired since the date on which the last contract, pursuant to which the INDEPENDENT CONTRACTOR provided any services to the PLAN SPONSOR, was terminated, and (ii) the INDEPENDENT CONTRACTOR has performed no services for the PLAN SPONSOR, during the 12-month period referred to herein either as an INDEPENDENT CONTRACTOR or employee. (t) UNFORESEEABLE EMERGENCY means severe financial hardship to the PARTICIPANT resulting from a sudden and unexpected illness or accident of the PARTICIPANT or dependent (as defined in IRC Section 152(a)) of the PARTICIPANT, loss of the PARTICIPANT'S property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the PARTICIPANT. 1.02. Whenever used herein, the masculine gender shall include the feminine and the • singular shall include the plural unless the provisions of the PLAN specifically require a different construction. ARTICLE II Election to Defer Compensation 2.01. The PARTICIPANT may elect to participate by agreeing to the PARTICIPATION AGREEMENT and consenting to a reduction of salary by the deferral amount specified in the PARTICIPATION AGREEMENT. The amount of DEFERRED COMPENSATION must equal at least $20 per month. DG502-F (11/0 l) 0 2.02. The PLAN SPONSOR shall commence the reduction no earlier than the first pay period commencing during the first month after the date on which the PARTICIPATION AGREEMENT is filed with the ADMINISTRATOR. 2.03. (a) The PARTICIPANT may revoke his election to participate and may amend the amount of DEFERRED COMPENSATION to be deferred by filing with the ADMINISTRATOR a revocation or amendment on a form and in the procedural manner approved by the ADMINISTRATOR- In addition, the PARTICIPANT may amend his investment specification in the procedural manner approved by the ADMINISTRATOR. Any amendment which increases the amount of DEFERRED COMPENSATION for any pay period shall be effective only if an agreement providing for such an additional amount is entered into before the beginning of the month in which the pay period commences. Any revocation or amendment of the DEFERRED COMPENSATION shall be effective prospectively only. Any change in the PARTICIPANT'S investment specification by the PARTICIPANT, whether it applies to amounts previously deferred or amounts to be deferred in the future, shall be effective prospectively only and shall be effective on a date consistent with the rules and specifications of the investment carrier. (b) After the death of the PARTICIPANT, his BENEFICIARY shall have the right to amend the PARTICIPANT'S, or the BENEFICIARY'S own, investment specification by filing with the ADMINISTRATOR an amendment on a form and in the procedural manner approved by the ADMINISTRATOR. Any change in an investment specification by a BENEFICIARY shall be effective on a date consistent with the rules and specifications of the investment carrier. Notice to All PARTICIPANTS to Read These Provisions Providing Deferral Limitations and "Catch-up" Deferrals Under the PLAN. 2.04. Except as provided in Sections 2.05 and 2.06, the maximum deferred amount under the PLAN for the PARTICIPANT'S taxable year shall not exceed the lesser of (a) the maximum dollar amount under IRC Section 457(bx2)(A) as adjusted for cost of living adjustments described in IRC Section 457(e)(15) or (b) 100% of the PARTICIPANT'S INCLUDIBLE COMPENSATION as provided in IRC Section 457(b)(2)(B). DC-"2-F (11/01) 4 a&=M1?°- 0., 2.05. The maximum deferral amount described in Section 2.04 under the PLAN for the PARTICIPANT'S taxable year is increased for a PARTICIPANT who has attained age 50 or over by the end of the taxable year. The additional amount permitted under this section is the lesser of (a) the applicable dollar amount set forth in IRC Section 414(v)(2)(B) or (b) the PARTICIPANT'S COMPENSATION for the taxable year reduced by any other elective deferrals of the PARTICIPANT for the taxable year. This Section shall not be applicable for any taxable year in which Section 2.06 applies. 2.06. For one or more of the PARTICIPANT'S last three taxable years ending before the attainment of NORMAL RETIREMENT AGE under the PLAN, the maximum deferral shall be the lesser of (a) twice the applicable dollar-amount in effect under IRC Section 457(b)(2)(A), or (b) the limitation established for the taxable year under Section 2.04, plus the limitation established for purposes of Section 2.04 for each of the prior taxable years beginning after December 31, • 1978, during which the PARTICIPANT was eligible to participate less the amount of COMPENSATION deferred under the PLAN for each of such prior taxable years. 2.07. Notwithstanding the preceding provisions of Article II, a PARTICIPANT who is entitled to reemployment pursuant to the terms of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) may defer an additional amount under the PLAN as provided in that Act for the years of his or her service in the uniformed services (as defined in USERRA). Any such deferrals will not be subject to the limits set forth above in the year in which deferred, but will be subject to the limits for the year to which such deferrals relate. ARTICLE III PLAN SPONSOR Contributions 3.01. The PLAN SPONSOR may contribute to the PLAN for PARTICIPANTS. PLAN SPONSOR contributions shall vest at the time such contributions are made. For purposes of PLANS administering Sections 2.04, 2.05, and 2.06 PLAN • SPONSOR contributions shall apply toward the maximum deferral limits in the PLAN YEAR that such contributions are made. ARTICLE IV PLAN Transfers and Eligible Distribution Rollovers 4.01. If a PARTICIPANT terminates employment with the PLAN SPONSOR and accepts employment with another employer which maintains an eligible deferred compensation plan (as defined in IRC Section 457) and the new employer's plan accepts transfers, the PARTICIPANT may transfer his account balance from the PLAN to the plan maintained by the new employer. DC-sot-F (11/01) C1 4.02. If the EMPLOYER offers an eligible deferred compensation plan (as defined in IRC Section 457) other than the PLAN, and such other plan accepts transfers, the PARTICIPANT may transfer the account balance from the PLAN tc the other plan. The PARTICIPANT'S election to transfer shall be filed with the ADMINISTRATOR. 4.03. Transfers from other eligible deferred compensation plans (as defined in IRC Section 457) to the PLAN will be accepted at the PARTICIPANT'S request if such transfers are in cash or non-annuity products currently offered under the PLAN. Any such transferred amount shall not be subject to the limitations of Section 2.04, provided however, that the actual amount deferred during the calendar year under both plans shall be taken into account in calculating the deferral limitation for that year. For purposes of determining the limitation set forth in Section 2.06, years of eligibility to participate in the prior plan and deferrals under that plan shall be taken into account. 4.04. The PLAN may receive an ELIGIBLE ROLLOVER DISTRIBUTION on behalf of a PARTICIPANT from an ELIGIBLE RETIREMENT PLAN provided (a) the ELIGIBLE ROLLOVER DISTRIBUTION is made entirely in the form of U.S. dollars, and (b) the PARTICIPANT demonstrates to the ADMINISTRATOR'S satisfaction that the amount is a qualifying eligible rollover distribution under IRC Sections 402(c)(4), 403(a)(4) or 408(d)(3). 4.05. Subject to Section 8.0 1, a PARTICIPANT may elect at the time and in the manner prescribed by the ADMINISTRATOR, to have any portion of an ELIGIBLE ROLLOVER DISTRIBUTION paid directly to an ELIGIBLE RETIREMENT PLAN specified by the PARTICIPANT, provided the PARTICIPANT presents to the satisfaction of the ADMINISTRATOR a letter of acceptance or other written acknowledgment from the accepting plan that is an ELIGIBLE RETIREMENT PLAN qualified to accept the ELIGIBLE ROLLOVER DISTRIBUTION. 4.06. A PARTICIPANT may use all or a portion of an account balance as a dirt trustee-to-trustee transfer to a Retirement System to purchase permissive service credit or for the repayment of service credits, provided that (a) the Retirement System permits such a transfer, and (b) the PARTICIPANT demonstrates to the ADMINISTRATOR'S satisfaction that the transfer is to a defined benefit governmental plan (as defined in IRC Section 414(d)) and the transfer is permissible for the purchase of service credit (as defined in Code Section 415(n)(3)(A)) or for the repayment of service credits permissible by IRC Section 415(k)(3). nc-soz-F(rlroi) 6 • ARTICLE V Designation of BENEFICIARY 5.01 The PARTICIPANT shall have the right to file, with the ADMINISTRATOR, a written BENEFICIARY or change of BENEFICIARY form designating the person or persons who shall receive the benefits payable under the PLAN in the event of the PARTICIPANT'S death. The form for this purpose shall be provided by the ADMINISTRATOR and will have no effect until it is signed, filed with the ADMINISTRATOR by the PARTICIPANT, and accepted by the ADMINISTRATOR prior to the PARTICIPANT'S death. If the PARTICIPANT dies without having a BENEFICIARY form on file, the benefits will be paid to the PARTICIPANT'S estate. 5.02 The PARTICIPANT accepts and acknowledges that he has the burden for executing and filing with the ADMINISTRATOR prior to the PARTICIPANT'S • death a proper BENEFICIARY designation form. ARTICLE VI Accounts and Reports 6.01. The PLAN SPONSOR shall remit DEFERRED COMPENSATION amounts to the ADMINISTRATOR or its designated agent. The ADMINISTRATOR shall have no duty to determine whether the funds paid to it by the PLAN SPONSOR are correct, nor to collect or enforce such payment. For convenience and to facilitate an orderly administration of the PLAN, the ADMINISTRATOR shall maintain a DEFERRED COMPENSATION ACCOUNT with respect to each PARTICIPANT. A written report of the status of the PARTICIPANT'S DEFERRED COMPENSATION ACCOUNT shall be furnished at least annually to the PARTICIPANT. 6.02. The PARTICIPANT or an ELIGIBLE RETIREMENT PLAN shall remit ELIGILBLE ROLLOVER DISTRIBUTION amounts to the ADMINISTRATOR or his designated agent. The ADMINISTRATOR shall maintain an ELIGIBLE ROLLOVER ACCOUNT with respect to each PARTICIPANT'S ELIGIBLE DISTRIBUTION amounts. A written report of the status of the is PARTICIPANT'S ELIGIBLE ROLLOVER ACCOUNT shall be furnished to the PARTICIPANT. 6.03. The ADMINISTRATOR shall file with the PLAN SPONSOR a written report of the assets of the PLAN, a schedule of all receipts and disbursements, and a report of all material transactions of the PLAN during the preceding year at least annually. 6.04. The ADMINISTRATOR'S records shall be open to inspection during normal business hours by the PLAN SPONSOR or its designated representatives. Dr502-F (11/01) 7 acjq 6.05. All reports to the PARTICIPANT shall be based on fair market value as of the reporting date. ARTICLE VII Investment of Deferred Amount 7.01. DEFERRED COMPENSATION and ELGIBLE ROLLOVER DISTRIBUTION amounts shall be delivered by the PLAN SPONSOR to the ADMINISTRATOR or its designated agent for investment as designated by the PLAN SPONSOR. 7.02. The PLAN SPONSOR shall use the PARTICIPANT'S or BENEFICIARY'S investment specifications to determine the value of any DEFERRED COMPENSATION ACCOUNT and/or ELIGIBLE ROLLOVER ACCOUNT maintained with respect to the PARTICIPANT as if the amounts had been invested according to such specifications; provided, however, that only upon approval from the PLAN SPONSOR and ADMINISTRATOR may a PARTICIPANT allocate an amount greater than 25% of the total DEFERRED AMOUNT-of the PARTICIPANT to a life insurance option. 7.03. All interest, dividends, charges for premiums and administrative expenses, and changes in value due to market fluctuations applicable to each PARTICIPANT'S deferred account shall be credited or debited to the account as they occur. 7.04. All assets of the PLAN, including all DEFERRED COMPENSATION and ELIGIBLE ROLLOVER DISTRIBUTION amounts, property and rights purchased with such amounts, and all income attributable to such amounts, property or rights, shall (until made available to the PARTICIPANT or BENEFICIARY) be held in a trust, custodial account or annuity contract described in 1RC Section 457(8) for the exclusive benefit of the PARTICIPANTS and their BENEFICIARIES. Article VIII Benefits 8.01. Commencement of Distributions: Except for UNFORESEEABLE EMERGENCY withdrawals under Section 8.04 and Voluntary In-Service Distribution withdrawals under Section 8.05, distributions from the PLAN may not be made to a PARTICIPANT earlier than (a) the calendar year in which the PARTICIPANT attains age 70 %s ; or (b) the calendar year in which there is a SEVERANCE FROM EMPLOYMENT by the PARTICIPANT. All irrevocable elections of a Benefit Commencement Date made by PARTICIPANTS or BENEFICIARIES prior to January 1, 2002 and defaulted distributions (other than a defaulted distribution to an annuity option) may be voided at the election of the PARTICIPANT OR BENEFICIARY. DC-502-F (11/01) • C: 8.02. Mode of Payment: Benefits shall be paid in accordance with the payment option elected by the PARTICIPANT. Payment, method of payment, and settlement options are available as provided by each of the available investment specifications. The PARTICIPANT shall elect the mode of payment based upon the options then available. A PARTICIPANT or BENEFICIARY who has chosen a payment option, other than an annuity option, shall have the ability to change his payment option, administrative charge or restrictions may be applicable as determined by the PLAN SPONSOR and the ADMINISTRATOR. Distributions to a PARTICIPANT must comply with IRC Section 401(ax9) required minimum distribution rules and must begin no later than April 1 of the year following the calendar year in which the PARTICIPANT attains age 70 % or severs employment, whichever is later. If the PARTICIPANT fails to elect a payment option that meets the required minimum distribution rules of IRC Section 401(a)(9), then the ADMINISTRATOR will initiate such a distribution. 8.03. Payments to BENEFICIARY: Distributions to a BENEFICIARY must comply with IRC 401(a)(9). If the PARTICIPANT dies while employed with the PLAN SPONSOR, or if the PARTICIPANT dies before the benefits to which he is entitled under this PLAN have been exhausted, then the benefit payable under this PLAN shall be paid to his designated BENEFICIARY. The BENEFICIARY shall have the right to elect the tine and mode of payment of such benefits, subject to the limitations set forth in this PLAN. Such election as to the time of payment (distribution commencement date) shall be filed by the BENEFICIARY not later than ninety (90) days following the PARTICIPANT'S death. Failure to file an election as to the form of payment may result in the ADMINISTRATOR making a lump sum payment to the BENEFICIARY. (1) If a PARTICIPANT dies on or after the required minimum distribution date, payments shall continue to be paid to the BENEFICIARY at least as rapidly as under the method of distribution in effect at the time of the PARTICIPANT'S death. is (2) If a PARTICIPANT dies before the required minimum distribution date, payments to a BENEFICIARY must comply with one of the following requirements: (i) The entire account value must be distributed by the end of the calendar year which contains the fifth anniversary of the PARTICIPANT'S death; or (ii) If the BENEFICIARY is a person other than the PARTICIPANT'S spouse, distribution of the account must begin on or before December 31 of the calendar year following the PARTICIPANT'S death, and the entire account must be paid over a period not extending beyond the life expectancy of the BENEFICIARY; or DC502-P (11/01) 9 C7 (iii) If the BENEFICIARY is the PARTICIPANT'S surviving spouse, distribution of the account may be delayed until December 31 of the calendar year in which the PARTICIPANT would have attained age 70''/7. The account must then be paid over a period not extending beyond the life expectancy of the spouse BENEFICIARY. (iv) If the BENEFICIARY is not a person, such as a trust or an estate, it must be distributed according to the five-year rule in (i) above. (v) If the surviving spouse dies after the PARTICIPANT but before distributions have begun, benefits to the BENEFICIARY of the spouse must be paid according to (i) or (ii) above. The date of the death of the spouse shall be substituted for the date of death of the PARTICIPANT. 8.04. UNFORESEEABLE EMERGENCY: Notwithstanding any other provisions herein, in the event of an UNFORESEEABLE EMERGENCY, a PARTICIPANT may request that benefits be paid to him at any time. -Such request shall be subject to any limitations specified by the investment carrier. If the application for payment is approved by the PLAN SPONSOR or its designee, payments shall be effected within 45 days of such approval. Benefits to be paid shall be limited strictly to the amount necessary to meet the UNFORESEEABLE EMERGENCY constituting a severe financial hardship to the extent such UNFORESEEABLE EMERGENCY is not relieved: (a) through reimbursement or compensation by insurance or otherwise; (b) by liquidation of the PARTICIPANT'S assets, to the extent the liquidation -of such assets would not itself cause a severe financial hardship; or (c) by cessation of deferrals under the PLAN. Foreseeable personal expenditures normally budgetable, such as a down payment on a home, the purchase of an automobile, college or other educational expenses, etc., will not constitute an UNFORESEEABLE EMERGENCY. The decision of the PLAN SPONSOR or its designee concerning the payment of benefits under this Section shall be final. 8.05. Voluntary In-Service Distribution: A PARTICIPANT who is an active employee of an eligible employer shall receive a distribution of the total amount payable to the PARTICIPANT under the PLAN if the following requirements are met: (a) the total amount payable to a PARTICIPANT under the PLAN does not exceed $5,000 (or the dollar limit under IRC Section 411(a)(I 1), if greater), (b) the PARTICIPANT has not previously received an in-service distribution of the total amount payable to the PARTICIPANT under the PLAN, D4502-F (IImi) 10 • (c) no amount has been deferred under the PLAN with respect to the PARTICIPANT during the two-year period ending on the date of the in- service distribution; and (d) the PARTICIPANT elects to receive the distribution. ARTICLE IX Administration of PLAN 9.01. The PLAN SPONSOR may at any time amend, modify or terminate the PLAN without the consent of the PARTICIPANT (or any BENEFICIARY thereof), provided, however, that the assets of the PLAN shall be held for the exclusive benefit of PARTICIPANTS and BENEFICIARIES at all times. All amendments shall become effective forty-five (45) days after the issuance of notice of the amendments by the ADMINISTRATOR to the PLAN SPONSOR. No amendments shall deprive the PARTICIPANT of any of the benefits to which he • is entitled under this PLAN with respect to deferred amounts credited to his account prior to the effective date of the amendment. If the PLAN is curtailed, terminated, or the acceptance of additional deferred amounts are suspended permanently, the ADMINISTRATOR shall nonetheless be responsible for the supervision of the payment of benefits resulting from amounts deferred prior to the amendment, modification, or termination in accordance with Article VIII hereof. 9.02. Any companies that may issue any policies, contracts, or other forms of investment media used by the PLAN SPONSOR or specified by the PARTICIPANT, are not parties to this PLAN and such companies shall have no responsibility or accountability to the PARTICIPANT or his BENEFICIARY with regard to the operation of this PLAN. 9.03. Participation in this PLAN by a PUBLIC EMPLOYEE shall not be construed to give a contract of employment to the PARTICIPANT or to alter or amend an existing employment contract of the PARTICIPANT, nor shall participation in this PLAN be construed as affording to the PARTICIPANT any representation or • guarantee regarding his continued employment. 9.04. The PLAN SPONSOR and the ADMINISTRATOR do not represent or guarantee that any particular Federal or State income, payroll, personal property, or other tax consequence will occur because of the PARTICIPANT'S participation in this PLAN. The PARTICIPANT should consult with his own representative regarding all questions of Federal and State income, payroll, personal property, or other tax consequences arising from participation in this PLAN. 9.05. The ADMINISTRATOR shall have the power to appoint agents to act for and in the administration of this PLAN and to select depositories for the assets of this PLAN. DC302-F (11/0 1) 11 r~ 9.06. The laws of the state of the PLAN SPONSOR shall apply in determining the construction and validity of this PLAN. 9.07. The rights of the PARTICIPANT under this PLAN shall not be subject to the rights of creditors of the PARTICIPANT or any BENEFICIARY, and shall be exempt from execution, attachment, prior assignment, or any other judicial relief or order for the benefit of creditors or other third persons. 9.08. Neither the PARTICIPANT nor his BENEFICIARY nor any other designee shall have any right to commute, sell, assign, pledge, encumber, transfer, or otherwise convey the right to receive any payments hereunder which payments and right thereto are expressly declared to be nonassignable and nontransferable. 9.09. This PLAN and any properly adopted amendment or modification shall constitute the total agreement or contract between the PLAN SPONSOR and the PARTICIPANT regarding the PLAN. No oral statement regarding the PLAN may be relied upon by the PARTICIPANT. 9.10. This PLAN and any properly adopted amendment or modification shall be binding on the parties hereto and their respective heirs, administrators, trustees, successors, and assignees and on all BENEFICIARIES of the PARTICIPANT. 9.11. This PLAN, and any properly adopted amendments, shall constitute the total agreement or contract between the PLAN SPONSOR and the PARTICIPANT regarding the PLAN. No oral statement to the contrary regarding the PLAN may be relied upon by'the PARTICIPANT. ARTICLE X Notice to ALL PARTICIPANTS to Read These Provisions Providing Broad Powers and Absolute Safeguards to the PLAN SPONSOR 10.01. The PLAN SPONSOR, the ADMINISTRATOR, or their respective agents shall be authorized to resolve any questions of fact necessary to decide the PARTICIPANT'S right under this PLAN and such decision shall be binding on the PARTICIPANT and any BENEFICIARY thereof, provided, however, that assets of the PLAN shall be held for the exclusive benefit of PARTICIPANTS and BENEFICIARIES at all times. 10.02. The PLAN SPONSOR, the ADMINISTRATOR, or their respective agents shall be authorized to construe the PLAN and to resolve any ambiguity in the PLAN. DC-502-F (11/0 n 12 IF%g _ a 3'~ a Ll - 0., 10.03. The PARTICIPANT specifically agrees not to seek recovery against the PLAN SPONSOR, the ADMINISTRATOR or any other employee, contractee, or agent of the PLAN SPONSOR or ADMINISTRATOR for any loss sustained by the PARTICIPANT or his BENEFICIARY, for the non-performance of their duties, negligence, or any other misconduct of the above named persons except that this paragraph shall not excuse fraud or wrongful taking by any person. 10.04. The PLAN SPONSOR, the ADMINISTRATOR, or their respective agents, if in doubt concerning the correctness of their action in making a payment of a benefit, may suspend the payment until satisfied as to the correctness of the payment or the identity of the person to receive the payment or allow the filing in any State court of competent jurisdiction, a suit in such form as they consider appropriate for a legal determination of the benefits to be paid and the persons to receive them. The PLAN SPONSOR shall comply with the final orders of the court in • any such suit and the PARTICIPANT, for himself and his BENEFICIARY, • consents to be bound thereby insofar as it affects the benefits payable under this PLAN or the method or manner of payment. 10.05. The PLAN SPONSOR, the ADMINISTRATOR, and their respective agents are hereby held harmless from all court costs and all claims for the attorney's fees arising from any action brought by the PARTICIPANT or any BENEFICIARY thereof under this PLAN or to enforce his rights under this PLAN, including any amendment, modification or termination hereof. 10.06. The ADMINISTRATOR shall not be required to participate in any litigation concerning the PLAN except upon written demand from the PLAN SPONSOR. The ADMINISTRATOR may compromise, adjust or effect settlement of litigation when specifically instructed to do so by the PLAN SPONSOR. 10.07. Notwithstanding any contrary provision of the PLAN, including any annuity contract issued under the PLAN, in accordance with Section 457(8) of the IRC, all amounts of compensation deferred pursuant to the PLAN, all property and rights purchased with such amounts, and all income attributable to such account, property, or rights shall be held for the exclusive benefit of PARTICIPANTS and • BENEFICIARIES under the PLAN and shall be held in a trust, in an annuity contract, as defined in 401(g) of the IRC, or in one or more custodial accounts. For purposes of this paragraph: (a) a trust must be established under the PLAN pursuant to a written agreement that constitutes a valid trust under the law of state in which the PLAN SPONSOR is located, DC-502-F (i If") 13 0 (b) an annuity contract shall be issued by an insurance company qualified to do business in the state where the contract was issued and may not include any life, health or accident, property casualty or liability insurance contact, and (c) the custodian of any custodial account created pursuant to this PLAN must be a bank, as described in Section 408(n) of the IRC, or a person who meets the non-bank trustee requirements of paragraphs (2)-(6) of Section 1.408-2(e) of the Income Tax Regulations relating to the use of non-bank trustees. All amounts of compensation deferred under the PLAN shall be transferred to a trust, to an annuity contract described in Section 401(f) of the IRC, or to a custodial account described in Section 401(f) of the IRC, within a period that is not longer than is reasonable for proper administration of the accounts of PARTICIPANTS. To comply with this requirement, all amounts of compensation deferred under the PLAN shall be transferred to such a trust, annuity contract, or custodial account not later than 15 business days after the end of the month in which the compensation would otherwise have been paid to the employee. The ADMINISTRATOR shall be the agent of the PLAN SPONSOR for purposes of providing direction to the trustee, issuer of the annuity contract, or custodian from time to time as to the investment of the funds held for the PARTICIPANTS and beneficiaries in the investment vehicle (trust, custodial account or annuity contract), the transfer of assets to or from the investment vehicle and all other matters. The PLAN SPONSOR agrees to hold all plan assets in a trust, custodial account or annuity contract pursuant to the requirements of the IRC. ARTICLE M Prior Plan If the PLAN SPONSOR has already accepted the Deferred Compensation Program and adopted an eligible deferred compensation plan, as defined by IRC Section 457, under such Program (the "Prior Plan"), then the PLAN SPONSOR intends that this Plan shall amend and restate the Prior Plan. In such event, this Plan shall apply to all PARTICIPANTS in the Prior Plan on the effective date hereof, and also to each PUBLIC EMPLOYEE who elects to participate in this Plan on and after the effective date hereof. Article XII Effective Date This Plan shall be effective as of January 1, 2002. DC-502-F(1[ro1) 14 12 - f~ `al eop. CM, '21(a • 17A C7 DEED WITHOUT WARRANTY THE STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS That County of Brazos, on behalf of itself and the City of Bryan, Bryan Independent School District and Brazos County Education District, acting by and through the County Judge, of County of Brazos, Grantor, for and in consideration of the sum of ONE THOUSAND TWO HUNDRED FIFTEEN Dollars 00/100's ($1,215.00), and other good and valuable consideration paid by the Grantee named below, the receipt and sufficiency of which are acknowledged by Grantor, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY to Katherine Perry, whose address is 508 E. 16th Street, Bryan, Texas 77803, the following described property, to wit: Part of Lot 38, Block 7, Bryan's 1st Addition to the City of Bryan, Brazos County, Texas, being that property more particularly described in Volume 2106, Page 84 of the Official Records, Brazos County, Texas The Grantor and all the taxing units for which the Grantor hold this Property in trust do hereby exclude and except any warranties, express or implied, regarding the Property, including, without limitation, any warranties arising by common law or Section 5.023 of the Texas Property Code or its successor. This conveyance is expressly made subject to any right of redemption of the Property which may exist under Section 34.21 of the Texas Tax Code. Grantor has not made and does not make any representations, warranties or covenants of any kind or character whatsoever, whether express or implied, with respect to the quality or condition of the property, the suitability of the property for any and all activities and uses which grantees may conduct thereon, compliance by the property with any laws, rules, ordinances or regulations or any applicable governmental authority or habitability, merchantability or fitness for a particular purpose, and specifically, grantors do not make any representations regarding hazardous waste, as defined by the Texas Solid Waste Disposal Act and the regulations adopted thereunder, or the U. S. Environmental Protection Agency regulations, or the disposal of any hazardous or toxic substances in or on the property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances belonging in any way to the Property, subject to the provisions, stated above, to Grantee(s), Katherine Perry, HER successors and assigns forever, without warranty of any kind. The consideration paid by the grantee(s) being equal to the total amount of delinquent taxes due on the property, this conveyance is made pursuant to Section 34.05(a) of the Texas Property Tax Code. IN TESTIMONY WHEREOF THE County of Brazos, Trustee, has caused these presents to be executed this the &e~-day of De-c rBc~c , 2001. 0 County of Brazos By . County Judge THE STATE OF TEXAS § COUNTY OF Brazos County § Before me, the undersigned authority, on this day personally appeared County Judge of County of Brazos, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the official capacity indicated and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the jk~'day of A.D. 30hf_. .I BEATRIZ D. GREEN y cowwmoN EXPIRES otary iY Publi to of ar hm It. 2002 My commission expires After recording, return to: Katherine Perry 508 E. 16th Street, Bryan, Texas 77803 • ADMINISTRATIVE SERVICES AGREEMENT This Agreement is entered by and between. BRAZOS COUNTY (the "Client') and EMPLOYEE BENEFIT SERVICES, a Division of HARRINGTON BENEFIT SERVICES, INC. (the "Representative"). The Client has established a program of health and welfare benefits (the "Plan') for certain classes of its employees and their dependents and has requested that the Representative provide third party claim administrative services in connection with the operation of the Plan. Therefore, in consideration of the terms and conditions set forth herein, it is hereby agreed as follows: SECTION 1- SERVICES PROVIDED 1.1 The Representative shall perform the administrative and claim services described below: a. Evaluate and process each claim filed pursuant to the terms of the Plan or any • written instruction received from the Client. The Representative shall not have the power or authority to alter, modify, or waive any terms of the Plan. b. Provide the Client and its designated representatives with available information and data pertaining to the Plan, as reasonably requested. c. Answer telephone calls and correspondence with respect to the terms of the Plan. d. Maintain all appropriate records and files concerning the Plan. e. Periodically provide the Client with financial and Plan management reports. f. Coordinate administrative procedures necessary to process PPO claims on behalf of the Plan, if applicable. g. Coordinate administrative procedures necessary to process stop-loss claims on behalf of the Plan. The Representative shall not be required to process claims for benefits under the Plan other than in the ordinary course of claim processing • duties and no priority will be given to claims merely because the stop loss year is coming to a close. h. Coordinate billing services for other Plan vendors. 1.2 In performing the services described above, the Representative shall follow the Client's written instructions regarding the benefits afforded by the Plan. The Representative shall not be bound by any notice, directive, or request unless and until it has been received in writing. 1.3 The Representative shall not be responsible for legal services, investment services, professional accounting services, or collection services. 0 1.4 The Representative shall not be considered the named fiduciary or the Plan Administrator (as defined by law) under the Plan. The Representative shall not have discretionary authority or discretionary control with respect to the management of the Plan. The Representative shall not exercise any authority or control with respect to the management or disposition of the assets of the Plan and shall not render investment advice with respect to any money or other property of the Plan and shall have no authority or responsibility to do so. SECTION 2 - LIABILITY 2.1 The Representative shall use reasonable care and diligence in exercising its powers and performing its duties as defined by this Agreement or written instructions submitted by the Client. However, the Representative shall not be liable for any loss unless such loss is the result of its gross negligence. 2.2 The Representative agrees to indemnify the Client and hold the Client harmless against any and all losses, damages, and expenses, including court costs and attorney fees, resulting from or arising out of the dishonest, fraudulent, or criminal acts of the Representative's employees, either acting alone or in collusion with others. 2.3 The Representative shall - be relieved of any responsibility or liability for any acts or omissions made in compliance with the written instructions of the Client. The Client hereby agrees to defend, indemnify and hold the Representative harmless from all costs, damages, expenses, and charges resulting from any and all claims, causes'of action, actions, judgments or liabilities of any nature arising out of the Representative's acts or omissions performed as a requirement to be in compliance with this Agreement or with written instructions received from the Client. SECTION 3 - STAFF AND FACILITIES 3.1 The Representative shall provide the staff necessary to provide the administrative and claims services described in this Agreement. The staff shall be employees of the Representative and subject to its direction and control. 3.2 Any computer services, equipment, and software utilized by the Representative in connection with rendering services herein shall be under the exclusive control of the Representative. The Client hereby acknowledges that it does not have, nor by this Agreement will acquire, any right, title, or interest in any computer equipment or software design maintained or utilized by the Representative in connection with rendering the services provided herein. 2 SECTION 4 - RECORDS 4.1 The Client agrees to furnish the Representative with reports, records, and information necessary to provide the administrative services defined in this Agreement. The Representative shall not be responsible for delay in the performance of its duties under this Agreement or for non-performance hereunder, if such delay or non-performance is caused or contributed to, in whole or in part, by the failure of the Client to furnish promptly any required information, or if such delay or non-performance is caused or contributed to, in whole or in part, by "Force Majeure." As used herein, the term "Force Majeure" means acts of God, riots, insurrections, civil commotion, fire, explosions, action of the elements, strikes or other differences with workmen (lasting not longer than thirty (30) days), restrictions or restraints imposed by law, rule, regulation or other public authority, whether federal, state or local, and whether civil or military, acts of military authority, interruption of transportation facilities and any other cause which is beyond the reasonable control of the Representative and which, by the exercise of reasonable diligence, the Representative is unable to prevent. The existence of such cause of such delay or failure shall extend the term of performance on the part of the Representative thereby to such • extent as may be necessary to enable it to complete performance in the exercise of reasonable diligence after the causes of delay or failure have been removed. 4.2 All records prepared or maintained by the Representative in the administration of the Plan shall be the property of the Client. All hard copies of such records shall be delivered in good and usable condition to the Client upon termination of this Agreement, except 9r ch records that are destroyed in the normal course of business. Upon the Client's request upon termination of this Agreement, the Representative shall also deliver any records maintained on electronic tape. The Client shall pay the Representative's prevailing fee for the retrieval and delivery of any records. Upon termination of this Agreement and the delivery of requested files to the Client, the Representative is absolved of all liability regarding future performance of services under this Agreement. To the extent required by law, the Representative shall maintain copies of electronic records and any records maintained on microfilm or compact disk for a duration of at least seven (7) years following the termination of this Agreement. Upon termination of this Agreement, it will be the Client's responsibility to maintain any hard copy records required by law. SECTION 5 - FEES • 5.1 Fees payable to the Representative for services performed and expenses incurred shall be determined in accordance with the Schedule A & Disclosure Statement attached hereto and incorporated herein by reference. 5.2 Statements for services are due and payable upon receipt. Failure to make payment within thirty (30) days after receipt of a statement will result in a service charge. The service charge will be at the rate of one and one-half percent (1.5%) per month on all amounts past due. 5.3 Representative reserves the right to charge additional fees as a result of any Client requested material modifications to the initially installed plan and procedures, that would alter Representative's normal service activities. These additional fees will be communicated in advance and in writing, and will require Client approval prior to implementation. Examples of such material modifications include but may not be limited to: special management reports; plan got 0 1 system coding or software enhancements; change in or installation of a PPO; special ID card preparation; Client company acquisitions; addition of repricing services, etc. SECTION 6 - TERM 6.1 The initial term of this Agreement shall be for a period commencing NOVEMBER 1, 2001 and ending OCTOBER 31, 2002. This Agreement shall automatically renew thereafter on a year-to-year basis upon the same terms and conditions unless either party gives the other written notice of the desire to terminate this Agreement thirty (30) days or more prior to the end of the initial term or any annual anniversary date thereafter. 6.2 The term of this Agreement may also terminate upon the expiration of ninety (90) days following written notice by either party to the other of the other's material breach of a duty expressly defined in this Agreement, provided such breaching party has not cured or commenced in good faith to cure such breach within said ninety (90) day period. SECTION 7 - CLAIMS ACCOUNT 7.1 The Client agrees to establish and maintain a bank account with an accredited banking institution to be used for paying claims under the Plana -The' Client agrees' to maintain immediately available funds in said account in sufficient amburit to pay the claims made against the Plan. The Representative shall be an authorized signatory of the account and shall use said account to prepare and mail checks or drafts for payment to those entitled to such payments pursuant to the appropriate claims information. The Representative shall advise the Client, from time to time, if additional funding of the account is necessary. Notwithstanding any provision above, the Representative shall not be responsible for funding any amounts due to providers or beneficiaries of the Plan. Funds handled by the Representative on behalf of the Client shall be held by the Representative in a fiduciary capacity. SECTION 8 - INSURANCE 8.1 For the duration of this Agreement, the Representative shall maintain fidelity insurance coverage in the sum of not less than $1,500,000 and errors and omissions insurance coverage in the sum of not less than $1,000,000. 8.2 The Client shall include the Representative as an additional insured on its fidelity insurance coverage for the duration of this Agreement. SECTION 9 - CONFIDENTIALITY 9.1 Notwithstanding the communication and dissemination of information necessary to provide the services required by this Agreement, all records and other information pertaining to the Client, the Plan and its beneficiaries shall be treated as confidential information. Except as required by law, the Representative shall take all precautions to prevent disclosure or use of the information for a purpose unrelated to the administration of the Plan. d1a a, 4 maw • SECTION 10 - EMPLOYEES 10.1 The Client agrees that it will not solicit or hire, directly or indirectly, any employee of the Representative who has been employed by the Representative within six (6) months prior to the date of this Agreement, or at any time during the term hereof, or for six (6) months after the completion of the terms of this Agreement, without the prior written approval of the Representative. SECTION 11- MODIFICATIONS AND AMENDMENTS 11.1 This Agreement maybe modified only by written agreement executed by an authorized officer of the Representative and the Client. SECTION 12 - NOTICES 12.1 Any notice required hereunder shall be in writing and signed by an authorized officer or • agent of the respective entity. All notices, demands and requests shall be deemed given when mailed first class, postage prepaid, registered or certified mail, return receipt requested, to: Employee Benefit Services, a Division BRAZOS COUNTY of Harrington Benefit Services, Inc. 300 E. 20 STREET, SUITE 107 P. O. Box 70100 BRYAN, TX 77803-5327 Shreveport, LA 71137=0100 SECTION 13 - SEVERA BILITY 13.1 In the event any provision of this Agreement shall be held illegal or invalid for any reason by law or a court of competent jurisdiction, said illegality or invalidity shall not affect the remaining parts of this Agreement, but it shall be construed and enforced as if said illegal or invalid provisions had not been included herein either initially, or beyond the date it is first held to be illegal or invalid if after the effective date of this Agreement, provided the basic purposes hereof can be effectuated through the remaining valid and legal provisions. SECTION 14 - ASSIGNMENT • 14.1 This Agreement may not be assigned by either party without the prior written consent of the other party, except that no consent is necessary for either party to assign this Agreement to a corporation or other association or entity succeeding to substantially all of the assets or business of that party, whether by merger, consolidation, acquisition or otherwise. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. 0 SECTION 15 - SUBCONTRACTORS 15.1 The Representative may contract with other subcontractors to perform services under this Agreement. SECTION 16 - CONTROLLING LAW 16.1 This Agreement shall be construed and enforced according to the laws of the State of Louisiana to the extent not preempted by federal law. IN WITNESS WHEREOF, the undersigned have executed this Agreement. EMPLOYEE BENEFIT SERVICES, A Division of HARRINGTON BENEFIT SERVICE& INC. BRAZOS COUNTY By By Tie President Title County Judge Date eo /0 Z Date / Z •/l o/ 11---~ 6 LJ ADMINISTRATIVE SERVICES AGREEMENT FEES SCHEDULE A & DISCLOSURE STATEMENT • • 1. EMPLOYER/PLAN ADMINISTRATOR: BRAZOSCOUNTY 300 E. 26TH STREET, SUITE 107 BRYAN, TX 77803-5327 2. ORIGINAL AGREEMENT EFFECTIVE DATE: NOVEMBER 1, 1995 3. EFFECTIVE DATE OF DISCLOSURE STATEMENT: NOVEMBER 1, 2001 4. ADMINISTRATIVE SERVICE FEES: A. BASIC ADMINISTRATIVE FEES: Medical Claims Administration $13.00 PEPM PPO Repricing $ 1.50 PEPM B. OTHER FEES: (may be included on a PEPM, flat fee or per occurrence basis or % basis, as stated below) Subrogation Recovery Services 5% of amount recovered 5. EXCESS LOSS UNDERWRITER: SUN LIFE 6. SPECIFIC EXCESS RISK INSURANCE COMMISSION: 0% AGGREGATE EXCESS RISK INSURANCE COMMISSION: 0% 7. BROKER OF RECORD: PLUMHOFF & ASSOCIATES 8. BROKER COMPENSATION: $4.00 (included in #4A, Medical, above) WTINFSS WHEREOF, the undersigned have executed this Schedule A & Disclosure Statement to the Agreement. EMPLOYEE BENEFIT SERVICES, a DI WF HARRII (GTON BENEFIT SER INC. t By BRAZOSCOUNTY By Title County Judge Date 2 Date 17- r al oL- a_ 7 0 BID TABULATION 2002-024 MOTOR GRADER BLADES 1211512001-12/1512002 • BID TABULATION 2002-023 FENCE BUILDING-ANNUAL CONTRACT 12116/20014211512002 1.Leboronly LF. $0.65 $0.50 50.60 60.% • *$10.00/CORNER POST AND $25.00/GATE "525.00/BRACE POST AND $30.001GATE " U.00/CORNER POST AND $20.001GATE ""'S7.00/CORNER POST AND $18.50/GATE RECOMMENDATION: PRIMARY VENDOR TIM SIKORSKI SECONDARY VENDOR HURST FENCING AWARD DATE: December 11, 2001 • 0 ,.L So BID TABULATION 2002.021 COLD MIX LIMESTONE CONCRETE PAVEMENT 2001-2002 ANNUAL BID 12!1512001.1211512002 RECOMMENDATION PRIMARY: VULCAN CONSTRUCTION: THD 330 CLASS A, TYPE D LOADED ONLY THD 350 CLASS A, TYPE D LOADED ONLY THD 350 CLASS A, TYPE D LOADED/HAULED SMYTH MINERS, LLP: THD 330 CLASS A, TYPE D LOADEDIHAULED SECONDARY: SMYTH MINERS, LLP: THD 330 CLASS A, TYPE D LOADED ONLY VULCAN CONSTRUCTION: THD 330 CLASS A, TYPE D LOADED/HAULED COLORADO MATERIALS: THD 350 CLASS A, TYPE D LOADED ONLY AND THD 350 CLASS A, TYPE D LOADED/HAULED AWARD DATE: DECEMBER 11, 2002 a-&.. ~ 7t • 1 6 ct ao s~ 0 ADDENDUM "B" This ADDENDUM "B" To Inmate Telephone System Agreement dated February 3Ya ' 1998, is entered into effect as of the 1~ ? day of December 2001 by and between Evercom Systems, Inc. (E.S.I.) and Brazos County, Texas (collectively the "County'). Whereas, E.S.I. and the Brazos County desire to supplement the Agreement as set forth herein: Now, Therefore, in consideration of the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties hereto supplement the Agreement as follows: In accordance with the original agreement, Brazos County agrees to extend the current Agreement for one (1) year until February Y2003 upon expiration of existing term, which is February 3rd, 2002. For consideration of said addendum, Evercom Systems Inc. with upgrade the CAM call processor (Inmate Telephone System) with the latest software. E.S.I. will also replace the current tape backup systems with a CD backup system E. S.I. will also guarantee Brazos County that E.S.I. will NOT increase the current Inmate Calling rates for the term of this Addendum. In addition E. S.I. will increase the current commission percentage being paid to Brazos County to Forty- nine (490%) percent. F=MrED s of the date and year signed below. Evercom Systems Brazos County By: JJ4) J VWL4-Name: Alvin W. Jones y!~ Title: County Judge Date: jZ -?,o --d/ Date: December 11, 2001 a3a . WON • EVERCOM December 31, 2001 • • Judge Alvin Jones Brazos County Jail 300 E. 26`x' St., Suite 105 Bryan, TX 77803 Dear Judge Jones: Attached, please find a copy of the Addendum "B" to your Inmate Pay Telephone Agreement between Brazos County Jail and Evercom Systems, Inc. We would like to thank you at this time for continuing to choose Evercom as your inmate phone provider. Should you need finther assistance, please contact your Evercom Representative. Evercom Systems, Inc. Contracts Administration Accounting Department 8701 h*tar Drive, Irving, rd 75063 972.988.3737 972.988.3774 , O~Cr FACMLE D f -11-02- 0 TEXAS PESTICIDE REGULATIONS SUBCHAPTER E. REGULATED HERBICIDES 7.53 County Special Provisions (f) BRAZOS. That portion of Brazos County lying east of the Brazos River and west of the following described line of the area described below shall be regulated by the Act, Subchapter G, and the regulations thereunder. The eastern boundary of the regulated area is as follows: (1) Beginning at the intersection of State Highway No. 6 and Old San Antonio Road (OSR), which point is on the north boundary line of Brazos County; thence in a southerly direction along OSR to its intersection with Texas Highway 21; to its intersection with Texas Highway 21; thence in a westerly direction along Texas Highway 21 to the Little Brazos River, thence in a southerly direction along the east bank of the Little Brazos River to its intersection with the Brazos River; thence in a southerly direction along the east bank of the Brazos River to Koppe Bridge Road; thence in an easterly direction along Koppe Bridge Road to its intersection with FM 2154 (Wellborn Road); thence southeasterly along FM 2154 to its intersection with State Highway 6; thence southeast along State Highway 6 to its intersection with the Navasota River, which is the southern boundary of Brazos County. (2) That portion of Brazos County lying east of the described line described in paragraph (1) of this subsection shall be exempt from the Act, Subchapter G, and regulations adopted thereunder. Approved in Brazos County Commissioners' Court Date• 1:2 - - 4M T y Jon ssioner Precinct 1 Alvin W. Jones, Coun Judge William S. Thornton, Commissioner Precinct 2 r, f Y-" ~ r- k-uj~ C y Cauley, ommissioner Precinct 4 Randy Sims, Commissioner Precinct 3 c)ag a3~ • BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: December 11, 2001 ITEM: Request from Wickson Creek Special Utility District to construct 2 road bores for water line installations in the rights of way of Forest Drive and Bendwood Drive (Forest Lakes Subdivisions Sites are located in Precinct 3. • SOURCE OF FUNDS: N/A 1. 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 bytheTexas Department of Transportation, and all other State and Federal laws governing utility construction. II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: a • Richard F. Vance, P.E. County Engineer 0001-114 Commissioner Randy Sims ot -3 Date: /Z -/1- o! Alvin VIA. Jones C ntY Judge Approved [9"/ Denied ❑ by Commissioners' Court X~ a33 rI u 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 g(appllcan*irkRon Creek s.U.Dproposes to place a (type)Water •l ne„MR Irle right-of-way of (road) FOREST DRIPS & BEMWOOD DB In Brazos County, Texas as follows: The location or description of the proposed Installation is more fully shown by s 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 repalred 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 eAsting 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 constnicted 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 Iltbay of December 79czOo1 Firm: Wtclwon Creek S.U.D. BY: M4~ Title: General Manager Address: P. _ O. Box 4756 Bryan. TX 77805 Phone-979 -589-3030 APPROVED BY COMMISSIONERS' COURT ON: z . 0 3 - ~l /2 44 y3zcT 3 Date o~XJ .ygs ~/or~iJ !C • G JLO~t~ r Alvin W. Jones, GEEn-ty -,Tudge LIJ R*WWd WW ' o O• 130 22 2) 1 w 2. v9 t « 506.15) + •~I ~ • ~ 176 ~ ~ 1\ ~ 93 lad .3 07 e ' O 100 96 07 • w w • -•.r . w M •.w rA os Proposed 30ft. Road Bore For +.~i i .wr • «rw • ww y 110 b) Lot 103 iu Forest Lakes • • ' { C CURVE DATA a 30 76 il~• ' ' \ r 1+t e ~ 107 104 n7 , f 2p•b•43 C ....w .r t Yr 31 ! ~ • ' 1 112107' ••-Yw• •w+tr• w AY u• , •we a S 23.27.21 C 22 at0 dQ Proposed 30ft. Road Bore for - a W Lot 113 in Forest Lakes tt) f4,,w 4e p - r l~,_« _ _ r, O r,N fit. p0 - ~ ~81 4 93 4 63 37 40 ® • ' C1/ty( fw KT 1 -5) 80007 -52 9~J00 .06 ; +00000 .0O AD 5 67-53-03 100 6 74 7 ti-15-24 !0000 4 .17-b6_06 100000 - 9 2C-4)•>•2 t0pD00 a 16.3-1.!1 100000 n L-s)-4o 00000 Q 47.57-36 73ft7 13 )t-)7-20 100000 Y 65-s)•ol 44.76) t5 24•54.36 43 is 2-01.24 49470 - 17 60-M-02 w tl 7'•03•.3 77.2?9 ro 26 -26 ~ 4i 75 - qr~-` 40 ; S 1 DRAWING FOR TWO 30ft. ROAD BORES IN - - - - j7 0~ rE FOREST LADS USING 1}" PVC ENCASEMENT ~o • _ + ° T6 "e $ : PIPE WITH 1" PVC WATERLINE ENCLOSED. K - w ' 77 - w at j BY: ANN YOUNG NOVEMBER 29, 2001 mOTE _6 Jd~r, ..w_' t• - ,W r.tti- cewtaw 0300 .er.. 3-r ...v. - ,E L' SG • • 70 i • - _ , - wn wcu w..~ • w~-~+.p •w. •owe an. OC -s.+r r FOREST LAKES T. J Allcorn 314 l_eaQue Brazos County, Texas 152640 Acres 148 Tracts BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 660010 DATE OF COURT MEETING: December 11. 2001 ITEM: Request from Wickson Creek Special Utility District to construct a road bore and approximately 3.000 ft of water line installation in the right of way of Cobb 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 bone, 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. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. C mmissioner Randy Sims County Engineer recinct 3 0001-115 Approved 9/1 Denied ❑ by Commissioners' Court Date: Z - O Alvin V. Jones, unty Judge ~ ~ ~ ~ CPS r, u • • 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 1s hereby given that (a ilc D proposes to place a (type)2ater'.line R1~9~~~ ay of (road) COBB 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 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 existing utility fines 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. 8. 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 line will begin on or after the l letbay of December jq 001 Finn: W kson Creek S.U.D. tr air. Title: General Manager Address: P. O. Box 4756 Bryan. T% 77805 Phone: 979 -589-3030 APPROVED BY COMMISSIONERS' COURT ON, Date 2c r 3 /2 -0 3-01 D K 4 7 .vo rE d Alvin .Jones. Cou#Ay Jug ge g ,p. CnaLJ ~,3~ R~w"r a 0 ti60m i °r qtr 9~ ~;4y 1 ' ee}fs % mm y, A S AA6'e ~ , , AAA F , `66hb AA ,9 9~ titid At i A C ~ O.ste4ti4p ~ 1fr l 4ob c9 A S pdb° f eO,~O b~~' / ° _ to 9ir~ AAA 0 b ' / ~9 IL - / e ® ~ L ~tid `/1• ~ , 1 1• 1• / VIM i ♦ / fodr0 ~,~ti ~ R14780 3 O 7 JARVI S, DAN ESTATE 11% \ ~tia qL~ 0~e 211.154 ACRES q'~q y~yr 6"~'rf ¢ ,,K 007700-0004-0000 ? t~s' w a .s ACREg ~ yo 959 s ,4e~ t°q JARVI S. DAN ESTATE o'' 93y~ 211.154 ACRES / 4 as0''9 y~.e,'P' 814782 007700-0004-0000 LLOYD, E C MRS / 53.6895 ACRES / 007700- 0006 0000 0EW1 SCH -1 1-- , 1 / 'Es •0000 ~ L-' - '~6 1 / ~ .f r 0 O Lim / mm ~e rs sy `~~P m~ ~P Q~q; 660 HICRSON CREEX S.U.D. A C'.,.Aq, m ?P q~m Q`6 LINE EXT. PROJECT FOR LORD 2RUSSEL ESTATES raving for proposed 32 ft. Road Dora using / " entaaemant pipe with 4e PVC waterline .closed. Also iccluded, Is a drawing for Iprox. 3,000 ft. of waterline requested to in County R. O.W. dew. Cobb. Rd. with all lri'awaya to ba bored. y: Ann Young November 29, 2001 / , Q 6 '!0 ~Z 6 • 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 day of use, . A.D. 2001. LVe-frMcQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this day of 2001. • Randy Sims, commissioner Precinct #3 Carey Caule , Commissioner Prec t t Treasurer's Report for the Month of OCTOBER 2001 0 William Thornton, Commissioner Precinct #2 OCTOBER 2001 TREASURER'S REPORT FUND NUMBER & NAME CASH BALANCE 9/30/01 INCOMING INVESTED TEXPOOL INTEREST-OCTOBER SUB-TOTAL DISBURSED CASH BALANCE 10/31/01 INVESTED CK.ACCT.BAL 10/31/01 01 - GENERAL FUND 19,280,396.40 2,042,227.73 34,005.70 21,356,629.83 3,982,577.92 17,374,051.91 17,179,713.31 194,338.60 02 - COUNTY HEALTH ENDOWMENT FUND 2,502,753.48 30,188.91 3,159.05 2,536,101.44 55,625.00 2,480,476.44 1,289,674.24 1,190 2.20 05 - HEALTH DEPARTMENT 710,502.00 48,452.82 - 758,954.82 111,088.44 647,866.38 - 647,86638 12 - STATE LATERAL ROAD 34,866.86 25,009.28 15.41 59,891.55 - 59,89155 6,290.97 53,600.58 13-UNCLAIMED FUNDS 261,243.71 595AO 261,839.11 11,580.55 250,258.56 - 250,258.56 14 - COMMUNITY SUPERVISION 963,769.03 295,655.26 913.94 1,260,338.23 547,855.13 712,483.10 373,115.14 339 96 15 - LAW LIBRARY 130,240.27 3,013.78 - 133,254.05 9,831.59 123,422 46 - 123,422.46 16 - APPELLATE JUDICIAL FUND 379.63 630.33 1,009.96 5.00 1,004.95 1004.96 17 - ALTERNATIVE DISPUTE RESOLLMON 4,310.00 1,440.00 5,750.00 8,260.00 (2,510.00 - 2,510.00) 18-LEOSEFUND 18,138.92 18.00 18,156.92 4,270.00 13,886.92 13,886.92 19 - ODUNTY RECORDS MANAGEMENT 301,390.17 12,29335 313,683.52 29,189.39 284,494.13 284 494.13 20 - COUNTY CLERK MGMT.FUND 132,304.82 5,293.59 137,598 41 5,468.19 132,130.22 132,130.22 21- TIME PAYMENT FUND 16,884.05 520.56 17,404.61 - 17,404.61 - 17 404.61 22 - COURTHOUSE SECURITY FUND 316,763.11 6,700.86 655.93 324,119.90 8,716.181 315,403.72 267,781.56 47 622.16 24 - 3USTICE @ PEACE - TECHNOLOGY FUND 1,444.30 - 1,444.30 - 1,44430 - 1,444.30 25- SPECIAL FORFEJTUREFUND 2,147.52 1.88 2,149.40 2149.40 - 2,149.40 28 - VOTER REGISTRATION 31,944.22 225.75 76.34 32,246.31 - 32,24631 31,164.96 1,081.35 29 - VIT INTEREST FUND 81,43223 15.25 157.10 81,604.58 911.76 80,692.82 64,137.21 16,555.61 30-COUNTY GRANTS 84,147.32 173,016.49 - 257,163.81 129,343.44 127,820.37 - 127 .37 31 - M.P.O. RAIL STUDY 104,254.84 79,631.18 183,886.02 99,425.13 84,460.89 84,460 89 32 - NARCOTICS TASK FORCE (94 416.10 46,980.12 47,435.98) 84,088.65 (131,524.63) - 131,524.63) 44 - 3UDICIAL SOFTWARE FUND 751,723.41 65674 752,380.15 74,581.40 677,798.75 677,798.75 45 - GEWPERMANENT IMPV. 1,217,941.92 - 1,217,941.92 23,164.50 1,194,777.42 700,583.13 494 194.29 46 - EXPOSITION CENTER FUND (27,120.00 27,120.00 29,720.00 (29,720.00) 29,720.00) 49 - C.O. SERIES 1998 1,460,281.25 3,050.23 3,094.41 1,466,425.89 393,155.00 1,073,270.89 1,208,660.61 (135,389.72) 50 - HEALTH & LIFE INSURANCE 766,265.46 284,962.02 1,267.23 1,052,494.71 641,898.07 410,596.64 371,663.16 38,933.48 60 - PAYROLL 58,540.79 1,101,224.11 - 1,159,764.90 676,365.33 483,399.57 - 483,399.57 75 - BAIL BOND BOARD FUND 62,887.27 54.94 62,942.21 - 62,942.21 62,942.21 41 - GEN.OBUG.DEBT SVC. ara TOTAL 2,466,726.69 '~m 31,640,699.27 207.85 - k 4,190,630.73 1,948.99 45,294.10 2,468,883.53 35,876,624.10 6,927,120.67 2,468,883.53 28,949,503.43 1,915,000.21 23,407,784.51 553,883.32 5,541,71892 This report is submitted as true and correct to Commissioners Court by, f~~ J Brazos Countv Treasurer. on iz. /05 Z-7, / • December 11, 2001 The Attorney General of Texas Public Finance Section 300 West 15th, 9th Floor Austin, Texas 78701 The Comptroller of Public Accounts Attention: Melissa Mora 208 East 10th, Room 448 Austin, Texas 78701-2407 Re: Brazos County, Texas General Obligation Improvement Bonds, Series 2001 and Brazos County, Texas Public Property Finance Contractual Obligations, Series 2001 TO THE ATTORNEY GENERAL • The captioned issues of bonds and contractual obligations (collectively, the "Obligations") is being sent to you for your examination and approval and we enclose one executed but undated Signature Identification and No- Litigation Certificate and one executed but undated General Certificate. Upon approval of the Obligations, you are authorized to insert the date of the approval in such certificates. If any litigation should develop, or if any other event should occur which would make either certificate inaccurate, before you approve the Obligations, we will notify you at once by both telephone and facsimile. With this assurance, you can rely on the accuracy of such certificates at the time you approve the Obligations, unless we advise you otherwise. After you have approved the Obligations, please deliver them to the Comptroller of Public Accounts of the State of Texas for registration. TO THE COMPTROLLER The Obligations will be sent to you for registration. After the Comptroller's Registration Certificate on the each series of Obligations is duly signed and sealed, you are hereby authorized and directed to send the Obligations by overnight delivery to Alan, Gump, Strauss, Hauer & Feld, L.L.P., Attorneys at Law, 300 Convent, Suite 1500, San Antonio, Texas, 78205, attention of M. Paul Martin (or otherwise as directed by Mr. Martin), together with four copies of each of the following for the transaction: (1) Attorney General's Approving Opinion. (2) Comptroller's Signature Certificate. • Very truly yours, BRAZOS COUNTY, TEXAS County u ge SIGNATURE IDENTIFICATION AND NO-LITIGATION CERTIFICATE We, the undersigned, hereby certify as follows that: (1) This certificate is executed and delivered with reference to the BRAZOS COUNTY, TEXAS GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001 (the `Bonds"), dated as of December 1, 2001 in the original principal amount of $8,000,000, and the BRAZOS COUNTY, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2001 (the "Contractual Obligations"), dated as of December 1, 2001, in the original principal amount of $1,000,000 (the Bonds and the Contractual Obligations, collectively, the "Obligations"). (2) We, the undersigned County Judge and the County Clerk of Brazos County, Texas (the "Issuer'), officially executed and signed the Obligations by manually signing the Obligations or causing facsimile signatures to be impressed or lithographed on each of the Obligations. (3) The Obligations are substantially in the form, and have been duly executed and signed in the manner, prescribed in the respective Order authorizing the issuance of the Bonds and of the Contractual Obligations. (4) At the time we so executed and signed the Obligations we were, and at the time of executing this certificate we are, the duly chosen, qualified, and acting officers indicated therein, and authorized to execute same. (S) No litigation of any nature has been filed or is now pending to restrain or enjoin the issuance or delivery of any of the Obligations, or which would affect the provision made for their payment or security, or in any manner questioning the proceedings or authority concerning the issuance of the Obligations, and that so far as we know and believe no such litigation is threatened. (6) Neither the corporate existence nor boundaries of the Issuer is being contested, no litigation has been filed or is now pending which would affect the authority of the officers of the Issuer, and no authority or proceedings for the issuance of the Obligations have been repealed, revoked, or rescinded. (7) We have caused the official seal of the Issuer to be impressed, or printed, or lithographed on each the Obligations, and said seal on the Obligations has been duly adopted as, and is hereby declared to be, the official seal of the Issuer. EXECUTED and delivered this MANUAL SIGNATURES OFFICIAL TITLES 66 -1 ~ County Judge Alvin VAJones County Clerk aren :cQueen (Remainder of page intentionally left blank) STATE OF TEXAS § COUNTY OF BRAZOS § The undersigned, a Notary Public, certifies and represents that Alvin W. Jones and Karen McQueen are known to me to be the County Judge and the County Clerk, respectively, of Brazos County, Texas, and in my presence each executed this instrument before me in the capacity represented and each of said person's signature appearing above is genuine. Given under my hand and seal of office this day of December, 2001. 6 A,f4 IMA 's a, 1!M/Ap, Irw - (NOTARY SEAL) Notary Public LLEGO ry Pue 0t Trams Plola • W caExprae CAND;13,W2005 MA• 2 (21 0 GENERAL CERTIFICATE We, the undersigned, County Judge and County Clerk, respectively, of Brazos County, Texas (the "County'), hereby certify as follows: 1. This certificate is executed for and on behalf of the County for the benefit of the Attorney General of the State of Texas and the owners of the BRAZOS COUNTY, TEXAS GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001, dated December 1, 2001, in the principal amount of $8,000,000 (the 'Bonds'l and the BRAZOS COUNTY PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2001, dated December 1, 2001, in the principal amount of $1,000,000 (the "Contractual Obligations") (the Bonds and the Contractual Obligations, collectively, the "Obligations') authorized by orders passed by the Commissioners Court of the County on December 11, 2001 (the "Orders"). 2. The County is a duly organized county under the Constitution and laws of the State of Texas. 3. No litigation of any nature has ever been filed pertaining to, affecting, questioning, or contesting: (a) the Orders; (b) the issuance, execution, delivery, payment, security, or validity of the Obligations; (c) the authority of the governing body and the officers of the County to issue, execute, and deliver the Obligations; (d) the provisions made for the security for the payment of the Obligations; or (e) the validity of the corporate existence or the current tax rolls of the County; and no litigation is pending pertaining to, affecting, or contesting the boundaries of the County. 4. The currently effective ad valorem tax appraisal rolls are those for the year 2001, being the most recently approved tax rolls of the County; the Commissioners Court of the County has caused the taxable property in the County to be assessed as required by law; and the valuation of taxable property in the County, and the aggregate amount of exemptions, and the net effective taxable value of taxable property in the County, according to the aforesaid tax rolls for said year, as delivered to the County Clerk of the County, and finally approved and recorded by the Commissioners Court of the County, are as follows: Assessed Value: $6,084,173,608 Exemptions: ( 696,313,545) Taxable Value: $5,387,860,063 5. A true, correct, and complete statement of all outstanding indebtedness of the County payable from ad valorem taxes is attached hereto as Exhibit A. 6. A true and correct schedule showing the annual requirements of all of the outstanding indebtedness of the County payable from taxes, together with the Obligations, is attached hereto as Exhibit B. 7. (a) There has been appropriated from fiords lawfully made available to the County sufficient money to make the interest payment on the Bonds for March 1, 2002, to-wit: $ (b) There has been appropriated from fimds lawfully made available to the County sufficient money to make the interest payment on the Contractual Obligations for March 1, 2002, to-wit: $ 8. No petition signed by at least 5% of the qualified electors of the County has been filed with the County Judge, the County Clerk, any member of the Commissioners Court of the County, or any other officer of the County protesting the issuance of the Obligations or requesting a referendum election on the question of their issuance. r~ u 9. No proceeding or authority for the issuance, execution, or delivery of the Obligations has been repealed, rescinded, amended, or revoked. SIGNED AND SEALED this • • CZO-4.4 CCoitnt~ Clerk (SEAL) 2 County Judge JIV Dim pis 0 CERTIFICATE FOR ORDER We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County") hereby certify as follows: 1. The Commissioners Court of the County (the "Court") convened in regular session, open to the public, on December 11, 2001, at the meeting place designated in the notice (the "Meeting'), and the roll was called of the members, to wit: Alvin W. Jones, County Judge, and the following Commissioners: Tony Jones, Bill Thornton, Randy Sims, and Carey Cauley, Jr. All members of the Court were present, except Commissioner, Precinct 3 thus constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written ORDER AUTHORIZING THE ISSUANCE OF $8,000,000 BRAZOS COUNTY, TEXAS GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001, AND APPROVING ALL OTHER MATTERS RELATED TO ISSUANCE OF THE BONDS (the "Order") was duly introduced for the consideration of the Court and read in full. It was then duly moved and seconded that the Order be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Order prevailed and carried by the following vote: YES: 4 NOES: 0 ABSTENTIONS: 0 2. A true, full, and correct copy of the Order adopted at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Court's minutes of the Meeting pertaining to the adoption of the Order; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Court as indicated therein; each of the officers and members of the Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. Karen McQueen is the duly appointed and acting County Clerk of the County. SIGNED AND SEALED THIS December 11, 2001. e Cou ty Clerk Brazos County, Texas County Judge Brazos County, Texas (COMMISSIONERS COURT SEAL) • CERTIFICATE FOR ORDER We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County") hereby certify as follows: 1. The Commissioners Court of the County (the "Court") convened in regular session, open to the public, on December 11, 2001, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Alvin W. Jones, County Judge, and the following Commissioners: Tony Jones, Bill Thornton, Randy Sims, and Carey Cauley, Jr. All members of the Court were present, except Commissioner, Precinct 3 thus constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written • ORDER AUTHORIZING THE ISSUANCE OF $1,000,000 BRAZOS COUNTY, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2001, AND APPROVING OTHER MATTERS RELATED TO THE ISSUANCE OF THE CONTRACTUAL OBLIGATIONS (the "Order') was duly introduced for the consideration of the Court and read in full. It was then duly moved and seconded that the Order be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Order prevailed and carried by the following vote: YES: 4 NOES: 0 ABSTENTIONS: 0 2. A true, full, and correct copy of the Order adopted at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Court's minutes of the Meeting, the above and foregoing paragraph is a true, full, and correct excerpt from the Court's minutes of the Meeting pertaining to the adoption of the Order; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Court as indicated therein; each of the officers and members of the Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. Karen McQueen is the duly appointed and acting County Clerk of the County. • SIGNED AND SEALED THIS December 11, 2001. o ty Clerk Brazos County, Texas cz-~, y(y Countyudge Brazos County, Texas (COMMISSIONERS COURT SEAL) god.-~-~ a 0