Loading...
HomeMy WebLinkAbout2002-05-28-0900AM-RegularFILED NVI, 1 2MAY23 P 2:01 BR.AZOS COUNTY aaAz" I NC °y~~,` `Cr~'ccuNrr CLERK F,. WYart. r.FxPS ~ BRYAN. TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, MAY 28, 2002 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26"' STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Ju Jones 2. Call for citizen input and/or concerns. Consider and take action on agenda items 3 -16: 3. Approval and presentation of proclamation regarding National Cancer Survivors Day. 4. Budget Amendment 01/02-26. 5. Payment of Claims. 6. Personnel Changes of Status. 7. Tax Abatement Agreement for Coca-Cola Enterprises, Inc. d/b/a Bryan Coca-Cola Bottling Company, Reinvestment Zone Number Fourteen, City of Bryan. 8. Tax Abatement Agreement for Bryan Lumber Remanufacturing, Inc., Reinvestment Zone Number Fifteen, City of Bryan. 9. Order prohibiting outdoor burning. 10. Change of position titles for two Department of Information Technology staff members. 11. Application for Tax Refund by Bryan Commerce & Development. fa, w 3 a 4 • Commissioners Court Meeting Agenda May 28, 2002 Page Two 12. Authorizing the payment of indigent health care invoices incurred during the previous fiscal year. 13. Blanket Purchase Order for the following: a. $3,000.00 to Scarmardo Produce for Juvenile Services b. $3,217.74 to AES Staffing Solutions for the District Clerk. 14. Request from Verizon to construct a buried cable installation in the right-of-way of Deep Well Road. Site is located in Precinct 2. 15. Approval of the Treasurer's Report for the Month of April, 2002. 16. Approval of minutes from the following regular Commissioners Court meetings conducted on: a. February 5, 2002 b. February 12, 2002 C. February 19, 2002 d. February 26, 2002 • 17. Acknowledge receipt of monthly reports from department heads and elected officials. 18. Announcement of interest items and possible future agenda topics. 19. Call for citizen input and/or concerns. 20. Convene into Executive Session pursuant to §551.071 of the Texas Government Code to discuss privileged matters with legal counsel regarding acquisition of real estate. ./yl~ v7J2~.~,U~~Fi;~.~litA•~ 21. Consider and take action on Executive (Session. 22. 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. 33 0 COMMISSIONERS' COURT REGULAR MEETING MAY 28, 2002 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, May 28, 2002, 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; C. B. Jones, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns, the following person spoke: Kurt Blake-former employee told the Court that he was fired two days after the six month probation period ended. He said this happened during an extension of the probation period. He was not happy and asked the Commissioners to see what they could do about it. The County Judge read aloud a Proclamation designating Sunday, June 2, 2002 as "National Cancer Survivors Day". The Court joins with the Central Texas Cancer Center in saluting Vol 3a- Page 1-7+ • Commissioners' Court meeting May 28, 2002 2 all cancer survivors and those that support them. On motion by the County Judge, seconded by Commissioners Tony Jones, Thornton, C. B. Jones and Cauley, the Court moved to proclaim Sunday, June 2, 2002 as "National Cancer Survivors Day" throughout Brazos County. The County Judge then presented the signed Proclamation to Ms. Edwina Ramczyk, representing Central Texas Cancer Care. • The Court next considered Budget Amendment #01/02-26.1 through 26.2, which would reallocate funds for Constable, Precinct 3 and the Law Enforcement Officer Standards & Education (LEOSE) Fund. On motion by Commissioner Thornton, seconded by Commissioner Tony Jones, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20031023 through 20031255 On motion by Commissioner Tony Jones, seconded by Commissioner • Thornton, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Thornton, seconded by Vol 3:~- Page 115 0 Commissioners' Court meeting May 28, 2002 3 Commissioner Tony Jones, the Court voted unanimously to approve the changes as submitted. The Court next considered a Tax Abatement Agreement between Brazos County and Coca-Cola Enterprises, Inc. d/b/a Bryan Coca-Cola Bottling Company, Reinvestment Zone Number Fourteen, City of Bryan. The tax exemption shall exempt the value of the land, buildings and the other permanent improvements. Under the conditions of the abatement the following rates shall be in effect for the following years: Year % of Abatement 2002 09 2003 0% 2004 70$ 2005 60% 2006 50% 2007 40% 2008 300 2009 20% On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to grant the tax abatement to Coca-Cola Enterprises, Inc. d/b/a Bryan Coca-Cola Bottling Company. The Court next considered a Tax Abatement Agreement between Brazos County and Bryan Lumber Re-manufacturing, Inc. Reinvestment Zone Number Fifteen, City of Bryan. The tax exemption shall exempt the value of the land, buildings and the other permanent improvements. Under the conditions of the Vol 3,;)- Page 1 -7 • Commissioners' Court meeting May 28, 2002 4 abatement the following rates shall be in effect for the following years: Year % of Abatement 2002 0% 2003 70% 2004 500 2005 300 2006 200 2007 10% On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to grant the tax abatement to Bryan Lumber Re-manufacturing, Inc. The next matter before the Court was the consideration of an Order Prohibiting Outdoor Burning. On motion by the County Judge, seconded by Commissioner C. B. Jones, the Court voted unanimously to table consideration due to the current rainfall. The Court next considered change of position titles for two staff members in the Information Technology Department. • On motion by the County Judge, seconded by Commissioner Thornton, the Court voted unanimously to remove this item from the agenda. The next matter before the Court was an application for Tax Refund by Bryan Commerce & Development. Commissioner Thornton moved to approve. Commissioner Tony Jones seconded the motion. After some discussion Commissioners Thornton and Vol 32- Page 171 0 Commissioners' Court meeting May 28, 2002 5 Tony Jones withdrew their motion and second. Then on motion by Commissioner Thornton, seconded by Commissioner Tony Jones, the Court voted unanimously to remove this item from the agenda until receipt of further information. The next matter before the Court was the authorization of payment of indigent health care invoices incurred during the previous fiscal year. On motion by Commissioner Thornton, seconded by Commissioner Tony Jones, the Court voted unanimously to authorize payment of $66.56 for indigent health care invoices incurred during the previous fiscal year. The Court proceeded to consider the following blanket Purchase Orders: Scarmardo Produce Juvenile Services $3,000 AES Staffing District Clerk $3,217.74 On motion by Commissioner Thornton, seconded by Commissioner Tony Jones, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered the request from Verizon to construct a buried cable installation in the right-of-way of Deep Well Road located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Thornton, seconded by Commissioner Tony Jones, the Court voted unanimously to approve the request Verizon and authorized the installation. Vol .3 Page t1? Commissioners' Court meeting May 28, 2002 6 On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for April 2002. A copy of which is attached to and made a part of these minutes. The Court next considered approval of the minutes of the • Commissioners' Court regular meetings held in February, 2002 on the following dates: 5, 12, 19, & 26. On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the minutes as submitted. The Court acknowledged receipt of the Extension Service reports for February 1999 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: • County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2-1 Justice of the Peace Precinct 2-2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff Vol 3 a Page 01 C~ Commissioners' Court meeting May 28, 2002 7 A copy of the Officials, reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) He will keep the burn ban on the weekly agenda for future consideration. Commissioner C. B. Jones made the following comment: a) The Precinct 3 Volunteer Fire Department had the grand opening for the new fire station. There were a number of people there for the festivities. There was no citizen input and/or concerns. There was no requirement for a closed Executive Session. There being no further business to come before the Court, the meeting was adjourned. n Vol 3 a Page L YO Commissioners' Court meeting May 28, 2002 8 The foregoing minutes of the Commissioners Court meeting held May 28, 2002 have been examined and are approved in open Court this the .Z71~ day of uG j t s-r , 2002, in Bryan, Brazos County, Texas. • • • LJL Alvi W. Jones County Judge m. S . Thornton Commissioner, Precinct 2 rey Ca ley, Jr. CoMiss 'oner, Prec n t 4 Vol -3 ZL Page 40 ~ ~ T ny s Commissioner, Precinct 1 -&4,~OLX~ C. B. Jon Commissio er, Precinct 3 'Karen McQueen County Clerk 1 g1 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON_ kej zf 200 z AT 9-,x ~ NAME ORGANIZATION/DEPARTMENT hi n,r S • d , CAL-ll a-17 ~.i s T, /t'1 An- K~2sy x k -TV .4oc 3 Z JI BUG A7 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ZS 200 Z AT q:GO loll • • 0 ~3 a W t g 3_' BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2001-2002 BUDGET YEAR NO. 01/02-26.1 through 26.2 On this the 28th day of May 2002 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; C. B. Jones, Commissioner, Precinct 3; Carey Cauley, Jr., Commissioner, Precinct 4; Karen McQueen, County Clerk. The following proceedings were held: THAT WHEREAS, on May 28, 2002 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 28th day of May 2002. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Alvin W. Jones, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes L-71 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 26.1 5/28/2002 • • FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 303011 672870 Dr. Equipment - Radios $ 350.00 01 303011 659500 Cr. Vehicle Maintenance 350.00 Constable Precinct 3 To reclassi funds per memorandum dated M ay 20, 2002 attached. n1t Mt l^i Y ;vis 'r •~'rj f~~~`ni~- 4•i rL,.•, I1 ec r >T weYtk _k'~ RDa_~ ~r •.fraal ma'r`..- h' 0:x'.-' 3 a 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 26.2 5/28/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 18 300001 611502 Cr. LEOSE Training -Const 2 $ 1,170.00 18 300001 611503 Cr. LEOSE Training -Const 3 2,200.00 18 300001 611504 Cr. LEOSE Training -Const 4 2,700.00 18 300001 611505 Cr. LEOSE Training -Const 5 2,150.00 18 300001 611506 Cr. LEOSE Training -Const 6 3,132.00 18 300001 611511 Dr. LEOSE Training -Const 1 1,820.00 18 300001 611512 Dr. LEOSE Training -Const 2 3,590.00 18 300001 611513 Dr. LEOSE Training -Const 3 2,910.00 18 300001 611514 Dr. LEOSE Training -Const 4 2,240.00 18 300001 611519 Dr. LEOSE Training -DA 300.00 18 300001 611528 Cr. LEOSE Training -Shf 1,900.00 18 470100 Dr. Reserve Fund Balance 4,400.00 18 480630 Cr. LEOSE Training Revenue 2,008.00 Law Enforcement Offi cer Standards & Education EOSE Fund To reclassify funds per the redistrictin plan and adjust to the actual reserve for the year ending 9/30/01. sm! 4 ! d+_ J F ' • u • PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: May 28, 2002 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED COMMISSIONER'S COURT GALLEGO, CANDY SALARY INCREASE TO BUDGETED STEP 2 BUILDING MAINTENANCE OCON, CELESTINO GUAJARDO, FELISA RESIGNATION BUDGETED SALARY INCREASE COUNTY ATTORNEY CHAPA, MICHAEL - NEW HIRE-PART-TIME TEMPORARY - - - - - - - - - - - - - DISTRICPT ATTORNEY BAKER, COLLIN M. - - NEW HIRE-PART-TIME REGULAR SPILLANE III, EDWARD J. RESIGNATION SHERIFF'S OFFICE / JAIL ESTES, JOANN DISCHARGED Approved in Commissioners' Court: May 28.2002 ` County Judge's or Commissioner's Signature: (This copy to be attached to minutes) 0 AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT IN REINVESTMENT ZONE NUMBER FOURTEEN (14) FOR COMMERCIAL TAX ABATEMENT, CITY OF BRYAN, TEXAS STATE OF TEXAS § COUNTY OF BRAZOS § This Agreement entered into by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, acting herein by and through its duly elected Commissioners Court, (hereinafter referred to as "COUNTY"), and COCA-COLA ENTERPRISES, INC. DB/A BRYAN COCA-COLA BOTTLING COMPANY, a Texas corporation (hereinafter referred to as "OWNER") acting herein by and through its duly authorized agents. WITNES SETH. WHEREAS, the City Council of City of Bryan, Texas, on the 26a' day of March, 2002 by ordinance, established Reinvestment Zone Number Fourteen (14) for Commercial Tax Abatement, City of Bryan, Texas (hereinafter referred to as "Zone") as authorized by CHA= 312, nxAs TAx CODE. WHEREAS, in order to provide for the proper development of such property and to aid in the conduct of the operation thereof to the best interest of Brazos County, Texas, in accordance with the above-referenced ordinances and statute, the parties do mutually agree as follows: 1. The real property on which the real property improvements, personal property and equipment to be abated pursuant to this Agreement will be situated is a tract of land consisting of approximately 17.37 acres of land described as Block 3, Lots 2 and 1C (Replat of Lot 1), Bryan Industrial Park, Phase H, in the City of Bryan, Brazos County, Texas. That real property and all improvements constructed thereon will be hereinafter referred to as "the Premises" 2. All of the following obligations of OWNER form the consideration for COUNTY entering into this Agreement: a. OWNER's construction of at least 38,500 square feet of distribution and sales space (the "Real Property Improvements") on the Premises, as currently described by listing or 02-3023 Tax AbarementAgreemenr.Mna!(~_29 02).doe 1 jPCjL 3 8 • by site plan on Exhibit "A" to this Agreement, on or before December 31, 2003; OWNER reserves the right to change the Real Estate Improvements, subject to the foregoing space limitation and Paragraph 3 below, in its sole discretion. b. OWNEW s addition of equipment and personal property to the Premises necessary to operate a sales and distribution facility on or before December 31, 2003. A preliminary schedule of equipment and personal property is attached as Exhibit "B"; provided, however, OWNER reserves the right to change the equipment and personal property in its sole discretion. c. The total cost of Real Estate Improvements and the equipment and personal property added to the Premises will be at least $3,000,000. Only personal property and equipment purchased subsequent to the execution date of this Agreement and physically located on the Premises is eligible for abatement hereunder. • d. The OWNER shall maintain a payroll at the Premises of at least 80 full time equivalent employees with a gross annualized payroll of at least $3,300,000, and maintain such payroll levels during the term of the tax abatement. 3. OWNER agrees to construct all improvements in accordance with all applicable laws, ordinances, codes, rules, requirements or regulations of the City of Bryan, Brazos County, the State of Texas, and the United States, and any subdivision, agency or authority thereof in effect at the time of development. 4. OWNER agrees that the site plan, exterior design drawings, specifications and materials (hereinafter referred to as "Plans') for each improvement will be submitted to the City of Bryan, and/or its designated representative, for approval, which Plans are incorporated herein for all • purposes. An official set of Plans will be designated by the OWNER and kept on file with the COUNTY. 5. OWNER shall keep the Premises insured against loss or damage by fire or any other casualty at full replacement value by purchasing insurance or through a self-insurance program OWNER shall furnish COUNTY's Risk Manager with either a certificate of insurance or satisfactory documentation of its self-insurance program. 02-3023 T=Abxement4reement.Rna1 29_01).doc 2 3Q- ~ Pee 6. In the event that during the period of the tax abatement the Premises are materially damaged by fire or other casualty, the OWNER shall submit written notice to COUNTY within ninety (90) days. The notice shall either set forth the dates OWNER will commence and complete the repair, remodeling or renovation of the damaged Premises or state that OWNER will not undertake such repair, remodeling or renovation. If OWNER notifies COUNTY that it will not undertake repair, remodeling or renovation of the damaged Premises, or if OWNER fails to complete the repair, remodeling or renovation of the damaged Premises, then COUNTY shall terminate this Agreement and COUNTY shall recapture from OWNER all property tax revenue COUNTY has lost as a result of this Agreement as required by §312.205(aX4), Texas Property Tax Code. 7. OWNER agrees to provide COUNTY and its designees access to the Premises during regular business hours upon reasonable prior notice to OWNER throughout the term of this Agreement for the purposes of inspection and examination of books, records, construction, workmanship, materials, and installations to determine that OWNER has complied with any requirement of this Agreement. 8. OWNER agrees to limit the use of the Premises to the operation of a sale and distribution facility or such other uses otherwise consistent with the general purpose of encouraging development or redevelopment within Reinvestment Zone No. 14 while partial abatement of ad valorem taxes is in effect pursuant to this Agreement. 9. OWNER represents and warrants that no member of the Brazos County /-,x Commissioners Court has an interest in the Premises and that the same are not owned or leased by any member of the Brazos County Commissioners Court. 10. OWNER agrees that COUNTY assumes no liability or responsibility by approving OWNER's plans as stated herein in the event there is a defect in the Real Estate Improvements constructed on the Premises. The relationship between COUNTY, OWNER, and 02-3023 Tax AbalementAgreement.Rnal(~_29 02).doc 3 • any taxing unit shall not be deemed to be a partnership or joint venture for purposes of this Agreement. 11. OWNER shall indemnify, hold harmless and defend COUNTY, its employees, E • officials, and agents from and against any and all obligations, claims, suits, demands and liability or alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements and related expenses arising in any manner from OWNER's construction, use and operation of the Premises and the Real Estate Improvements, provided, however, that OWNER shall not be required to indemnify and hold COUNTY harmless for injury or harm caused by COUNTY's negligence or willful misconduct. 12. OWNER agrees to pay all ad valorem taxes and assessments (except as abated pursuant to this Agreement or otherwise exempt) owed to COUNTY prior to such taxes and/or assessments becoming delinquent. OWNER shall have the right to contest in good faith the validity or application of any such tax or assessment and shall not be considered in default hereunder so long as such contest is diligently pursued to completion. In the event that OWNER contests such tax or assessment, all uncontested taxes and assessments shall be promptly paid to COUNTY prior to delinquency. If OWNER undertakes any such contest, it shall notify COUNTY and keep COUNTY apprised of the status of such contest. Should OWNER be unsuccessful in any such contest, OWNER shall promptly pay all taxes, penalties and interest resulting therefrom. 13. OWNER agrees that a default occurs if (i) OWNER does not maintain the Premises in good condition, wear and tear excepted; (ii) OWNER fails to repair, remodel or renovate any material damage or destruction of the Premises as provided for in Section 6 above; (iii) OWNER fails to use the Premises for the purposes contemplated by this Agreement or allows the same to become vacant; (iv) OWNER does not pay all non-abated taxes in the manner required by Section 12 hereof, (v) OWNER fails to construct a 38,500 square foot distribution and sales facility on the Premises and equip it with equipment and personal property worth at 02-3023 T=AbarementAgreemenrFinal (t 25 02).doc 4 If -9 / C~ least $3,000,000.00 on or before December 21, 2003; (vi) OWNER fails to employ at least 80 full-time equivalent employees on the Premises by the 1P month after occupancy with a gross annual payroll in Bryan, Texas of at least $3,300,000 and maintain such employment and payroll levels throughout the term of this Agreement; (vii) OWNER fails to comply with all applicable statutes, administrative regulations, orders, or ordinances of the United States, the State of Texas, Brazos County, and/or the City of Bryan governing the operations or maintenance of the Premises or the conduct of OWNER's business in Bryan, Texas. COUNTY shall notify OWNER in writing of such default, and OWNER shall have thirty (30) days after receipt of such written notice, to cure any default. If OWNER fails to cure such default, or if OWNER's default can not be cured, COUNTY may, at COUNTY's sole option (except as to a default defined in (ii) above, which shall be governed by Section 6 of this Agreement) require OWNER to pay the current year's taxes in full or COUNTY may terminate this Agreement and recapture from OWNER a sum of money equal to all of the tax revenues COUNTY has lost due to the partial abatement of taxes on Real Property Improvements, the Premises, personal property and equipment from the inception of this Agreement. The COUNTY shall not be entitled to recapture tax revenues lost in prior years if OWNER fails to meet the employment and payroll requirements in subparagraph (vi) above due to economic downturn or other circumstances beyond OWNER's control. The remedies listed in this paragraph shall be in addition to any other remedies that COUNTY may have, both legal and equitable. 14. OWNER agrees to submit to COUNTY, and to each taxing unit in whose jurisdiction the Premises are situated, no later than December 31, 2003 and on December 31" of each year thereafter during the term hereof, a Statement of Compliance in the form attached hereto as Exhibit "C" indicating that OWNER has or has not completed the Real Property Improvements on the PREMISES in accordance with the Plans or revised plans and further indicating that OWNER has or has not complied with each applicable provision of this Agreement. 02-3023 TmrAbatementAgreementFlna! (I_29 02).doc 5 4-4* A 15. The term of this Agreement shall extend from the date of this Agreement through • December 31, 2009, unless sooner terminated. The partial exemption from ad valorem taxation of Real Property Improvements, personal property and equipment during each tax year covered by this Agreement shall be computed by taking a percentage of the increase in value of said Real Property Improvements, personal property and equipment on January I't of each tax year over the value on January 1" of 2002, which is the year this Agreement was executed by OWNER and COUNTY. The partial exemption percentages are as follows: Tax Year Percentage of Increased Value over January 1, 2002 Value to be Abated 2002 0% 2003 0% 2004 70% 2005 60% 2006 50% 2007 40% 2008 30% 2009 20% For purposes of this Section, the value of the Premises was $161,300.00 on January 1, 2002.. For purposes of this Section, the personal property and equipment to be abated had a value of $0.00 on January 1, 2002 because it was not situated on the Premises on that date. 16. Miscellaneous. a. Severability. If any provision of this Agreement is held to be illegal, invalid or • unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terns and substance as possible to the deleted provision. b. Texas law to anoly. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in Brazos County, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 01-3013 TarAbatementAgreementAnal(t 29 02).doc 6 _ 0 C. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. d. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. Any proposed amendment, modification or alteration shall be provided to the City of Bryan, Texas and to the Bryan Independent School District for review and comment prior to adoption by the Brazos County Commissioners Court. e. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. f. No Waiver. COUNTY's failure to take action to enforce this Agreement in the event of OWNER's default or breach of any covenant, condition, or stipulation herein on one occasion shall not be treated as a waiver and shall not prevent COUNTY from taking action to enforce this Agreement on subsequent occasions. g. Assignment. OWNER shall not assign this Agreement without the written approval of the Brazos County Commissioners Court. A change in ownership of a majority of the stock of OWNER is an assignment for the purposes of this paragraph. If OWNER assigns this Agreement without written approval of the Brazos County Commissioners Court, this Agreement shall terminate immediately and the partial abatement of taxes on personal property and equipment provided for herein shall cease from the date such unauthorized assignment occurred. h. Notices. COUNTY and OWNER hereby designate the following individuals to receive any notices required to be submitted pursuant to the terms of this Agreement: BRAZOS COUNTY Al Jones, County Judge 300 E. 26' Street Bryan, Texas 77803 CITY OF BRYAN City Manager P.O. Box 1000 Bryan., Texas 77805-1000 OWNER Coca-Cola Enterprises, Inc. d/b/a Bryan Coca-Cola Bottling Company 2500 Windy Ridge Parkway Atlanta, Georgia 30339 BRYAN INDEPENDENT SCHOOL DISTRICT Tommy Ramirez, President - Board of Trustees c/o Sarah Ashburn, Superintendent 101 N. Texas Avenue Bryan, Texas 77803 02-3023 Ta:AbatementA(grosment.Rna1(t 29 02 ).dx • • The parties hereto have executed this Agreement in duplicate originals, each of equal dignity. Each party has stated the execution date below the signature of its authorized representative. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. ATTEST: Z%lti G kiren McQueen, County-Clerk BRAZOS COUNTY, TEXAS Al Jones, County Jud Executed on: 3 - zg -o 7 ATTEST COCA-COLA ENTERPRISES, INC. D/B/A BRYAN COCA-COLA BOTTLING COMPANY Matthew J. Real Estate 4 Executed on: Director 2-- u 02-3023 TarAbatementAgreementFinal (I 29 02). 8 0 r 1 i 0 L r.w.l►rw~lsr ~wu .w•nn ..R.•. w. V PROPOSED SITE PLAN - ALT. #3 NM SITE Summ-k y I&MAU laAMMM w)YtlR- M•oQ.-r••. Y R.60m.KA )llMlgR- VI ACPf•- A♦ LYOMA1a Lw0 .W tlR.-1•).OV. )1• D . f1N lqr! V 1P•L YYIO.I~A .MtltlR- ~10f. L P~N•1 M• f~M tlR ~ lY .)q). N Ml0/Y MAR.,. .MA tlR Y 11~Of AIfA. IW).tlR d apcwwq w.lr UM q R W LAVSD rf*IRA U(M.a'l R.G I464 R.--. Ml/0-0 10 Y 00I911111O1 MCL" e,.G .11 )A.M M R. N ONM IA. ummm M W pR mw4ro •lw~..w N~O•~•w~• wAM b. R. _PDMG V yn.tlR. 4)Y•1~1~11/.Ri7. Y.pR L Yaw~oWO YMpR ,Y M,~~A~/ 14.1•NR 4.LY~ 7M..aR Wll.ef 1.4"Mom ).1Mtl R. fM10~./lrllgr A. RJ-r~ML1.~.Y ~lo. lwwwarAO) W- r.or 3lfad.llt"Les4 oo~lMSa. fV.M'l ~tlY110.~MrAfL THIS SITE PLAN PREPARED EASED ON PREDICATING CITY OF BRYAN DONATES 17 ACRES. mo=w f:(YMfiNf[.V.~~4f'4G~YV/[S/. OPtk)6noW5 PLANNING AND DEVELOPMENT - COCA -COU1 BOIiLWG C~0 MISTER SITE PLANNING PROPOSED SITE PLAN - ALT. 3 1 a Y V i : ci • Exhibit "B" Personal Property/ Trade Fixture Listing Coca-Cola Enterprises - Bryan, Texas • • Type Category Furniture Desk Seating/Chairs Tables Filing Cabinets/Lateral Files Conference Room Tables Shelving Book Cases Drawers Air Conditioning Mailroom Furnishings Reception Area - Front Equipment Copiers Facsimiles Mail Machine Postage Meter Equipment Washer Forklifts Truck Lift Dolly Storage Shelving Various Heavy Equipment Computers/Printers Compaq Computers Keyboards Monitors Printers Voice/Data Equip Phone Switches Phone System Phones Power Unit Voice Cabling Etheriink Ports/Modems Serial Interfacing Duplexmg Multi Docking Security Building Security System Miscellaneous Various Equipment Vehicles Total Trade Fixtures / Personal Property Value $500,000 Offlat 3a` '60 =I r~ U EXHIBIT "C" STATEMENT OF COMPLIANCE WITH AGREEMENT FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT WITH COCA-COLA ENTERPRISES, INC. DB/A BRYAN COCA-COLA BOTTLING COMPANY IN CITY OF BRYAN REINVESTMENT ZONE FOURTEEN THE STATE OF TEXAS § COUNTY OF BRAZOS § COCA-COLA ENTERPRISES, INC. DAVA BRYAN COCA-COLA BOTTLING COMPANY ("Owner") hereby certifies any improvements on the Property, as called for in the above referenced Agreement, have been completed and constructed in every material respect pursuant to said Agreement. Owner further certifies that they have complied with every applicable material term of said Agreement. Signed this day of 200_, COCA-COLA ENTERPRISES, INC. DB/A BRYAN COCA-COLA BOTTLING COMPANY BY: ITS: Any above described improvements have been accepted by BRAZOS COUNTY, TEXAS as having been constructed in compliance with the above referenced Agreement, and that pursuant to said Agreement the partial exemption from taxation shall commence on January 1, 2002 continuing through the year 2009, which will be the last year that the property will be entitled to exemption from taxation in accordance with this Agreement, and that the taxable value of the Premises for such period of time shall be the taxable value as finally determined, following any applicable contests and appeals, by the Brazos County Appraisal District on January 1a of each year of the term of the Agreement. Signed this day of ATTEST: Karen McQueen, County Clerk .200-. BRAZOS COUNTY, TEXAS By: Al Jones, County Judge 01-3013 TarAbatementAgreement.Flnal 19 02 ).dx 11 0'' AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT IN REINVESTMENT ZONE NUMBER FIFTEEN (15) FOR COMMERCIAL TAX ABATEMENT, CITY OF BRYAN, TEXAS STATE OF TEXAS § COUNTY OF BRAZOS § This Agreement entered into by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, acting herein by and through its duly elected Commissioners Court, (hereinafter referred to as "COUNTY"), and BRYAN LUMBER REMANUFACTURING, INC., a Texas corporation (hereinafter referred to as "OWNER") acting herein by and through its duly authorized agents. is WITNESSETH: WHEREAS, the City Council of the City of Bryan, Texas, on the 26a` day of March, 2002 by ordinance, established Reinvestment Zone Number Fifteen (15) for Commercial Tax Abatement, City of Bryan, Texas (hereinafter referred to as "Zone") as authorized by CHAP= 312, TEXAS TAX CODE. WHEREAS, in order to provide for the proper development of such property and to aid in the conduct of the operation thereof to the best interest of Brazos County, Texas, in accordance with the above-referenced ordinances and statute, the parties do mutually agree as follows: 1. The real property on which the real property improvements, personal property and equipment to be abated pursuant to this Agreement will be situated is a tract of land consisting of • approximately 5.76 acres of land described as Block 5, Lot 2, Bryan Industrial Park, Phase A in the City of Bryan, Brazos County, Texas. That real property and all improvements constructed thereon will be hereinafter referred to as "the Premises". 2. All of the following obligations of OWNER form the consideration for COUNTY entering into this Agreement: a. OWNER's investment of no less than $400,000.00 for the construction of a new facility to consist of approximately 15,000 sq. feet of office and 01-3011 T=AbatementAgreementAnal doc 1 0 manufacturing space and approximately 15,00 sq. feet of covered storage area (real property improvements) on the Premises, as described by listing or by site plan on Exhibit "A" to this Agreement, on or before June 30, 2003; b. OWNER's commitment to add at least $115,000 in equipment and personal property to the Premises according to the following schedule: 2003 $ 5,000 2004 $15,000 2005 $20,000 2006 $50,000 2007 $25,000 A schedule of equipment and personal property is attached as Exhibit c. Owner's attainment of a payroll of at least 21 full time equivalent employees and 4 part-time employees with a gross annual payroll of at least $460,000 according to the following schedule: As of December 31 2002 2003 2004 2005 2006 2007 New Employment Levels Full-time Increase 9* 4 2 3 3 0 Part-time Increase 0 1 1 1 1 0 Increase in Gross Payroll Payroll Increase $ 0 $ 85.500 $ 58,500 $ 82-500 $ 89.500 $__Q._ Total Gross Payroll $144,000 $229,500 $288,000 $370,500 $460,000 $460,000 * OWNER has nine (9) full time equivalent employees at the time of execution of this Agreement. OWNER is not obligated to add any employees during calendar year 2002. 3. OWNER agrees to construct all improvements in accordance with all applicable laws, ordinances, codes, rules, requirements or regulations of the City of Bryan, Brazos County, the State of Texas, and the United States, and any subdivision, agency or authority thereof in effect at the time of development. 02-3012 Tax Abaremen1Agreemem-FTnaLdoc 2 1~ L7 4. OWNER agrees that the site plan, exterior design drawings, specifications and materials (hereinafter referred to as "Plans") for each improvement will be submitted to the City of Bryan, and/or its designated representative, for approval, which Plans are incorporated herein for all purposes. An official set of Plans will be designated by the OWNER and kept on file with the COUNTY. 5. OWNER shall keep the Premises insured against loss or damage by fire or any other casualty at full replacement value by purchasing insurance or through a self-insurance program. OWNER shall furnish the County's Risk Manager with either a certificate of insurance • or satisfactory documentation of its self-insurance program. 6. OWNER shall submit written notice to COUNTY within ninety (90) days after the Premises are materially damaged by fire or any other casualty. The notice shall either set forth the dates OWNER will commence and complete the repair, remodeling or renovation of the damaged Premises or state that OWNER will not undertake such repair, remodeling or renovation. If OWNER notifies COUNTY that it will not undertake repair, remodeling or renovation of the damaged Premises, or if OWNER fails to complete the repair, remodeling or renovation by the completion date set forth in OWNER's notice to COUNTY, then COUNTY shall terminate this Agreement and COUNTY shall recapture from OWNER all property tax 0 revenue COUNTY has lost as a result of this Agreement as required by §312.205(a)(4), Texas Property Tax Code. 7. OWNER agrees to provide COUNTY and its designees access to the Premises during regular business hours throughout the term of this Agreement for the purposes of inspection and examination of books, records, construction, workmanship, materials, and installations to determine that OWNER has complied with any requirement of this Agreement. 02-3022 Tar AbaremenrAgreemend%aLdoe 8. OWNER agrees to limit the use of the Premises consistent with the general purpose of encouraging development or redevelopment within Reinvestment Zone No. 15 while partial abatement of ad valorem taxes is in effect pursuant to this Agreement. 9. OWNER represents and warrants that no member of the Brazos County Commissioners Court has an interest in the Premises and that the same are not owned or leased by any member of the Brazos County Commissioners Court. 10. OWNER agrees that COUNTY assumes no liability or responsibility by approving the plans set forth herein in the event there is a defect in the improvements constructed on the Premises. The relationship between COUNTY, OWNER, and any taxing unit shall not be deemed to be a partnership or joint venture for purposes of this Agreement. 11. OWNER shall indemnify, hold harmless and defend COUNTY, its employees, officials, and agents from and against any and all obligations, claims, suits, demands and liability or alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements and related expenses arising in any manner from OWNER's construction, use and operation of the Premises, provided, however, that OWNER shall not be required to indemnify and hold COUNTY harmless for injury or harm caused by COUNTY's negligence or willful misconduct. 12. OWNER agrees to pay all ad valorem taxes and assessments (except as abated pursuant to this Agreement or otherwise exempt) owed to COUNTY prior to such taxes and/or assessments becoming delinquent. OWNER shall have the right to contest in good faith the validity or application of any such tax or assessment and shall not be considered in default hereunder so long as such contest is diligently pursued to completion. In the event that OWNER contests such tax or assessment, all uncontested taxes and assessments shall be promptly paid to COUNTY prior to delinquency. If OWNER undertakes any such contest, it shall notify 02-3022 Tar Abawme¢AgreemenLMnaLdac ,F` • COUNTY and keep COUNTY apprised of the status of such contest. Should OWNER be unsuccessful in any such contest, OWNER shall promptly pay all taxes, penalties and interest resulting therefrom. 13. OWNER agrees that a default occurs if (i) OWNER does not maintain the • lr u Premises in good condition, wear and tear excepted; (ii) OWNER fails to repair, remodel or renovate any material damage or destruction of the Premises as provided for in Section 6 above; (iii) OWNER fails to use the Premises for the purposes contemplated by this Agreement or allows the same to become vacant; (iv) OWNER does not pay all non-abated taxes in the manner required by Section 12 hereof, (v) OWNER fails to add 4 new full-time equivalent employees (above the January 1, 2002 base of 9 full time employees) and 1 part-time employee on the PREMISES and thereby increase the gross annual payroll in Bryan, Texas by at least $85,500 for a total gross payroll of at least $229,500 by December 31, 2003; (vi) OWNER fails to add 2 more full-time equivalent employees and 1 more part-time employee on the PREMISES and thereby increase the gross annual payroll in Bryan, Texas by at least $58,500 for a total gross payroll of at least $288,000 by December 31, 2004; (vii) OWNER fails to add 3 more full-time equivalent employees and 1 more part-time employee and thereby increase the gross annual payroll in Bryan, Texas by at least $82,500 for a total gross payroll of at least $370,500 by December 31, 2005; (viii) OWNER fails to employ 3 more full-time equivalent employees and 1 more part-time employee on the PREMISES and thereby increase the gross annual payroll in Bryan, Texas by at least $89,500 for a total gross payroll of at least $460,000 by December 31, 2006, and maintain such cumulative employment and payroll levels throughout the term of this Agreement; (ix) OWNER fails to construct a 30,000 sq foot manufacturing facility/covered space at a cost of at least $400,000.00 no later than June 30, 2003; (x) OWNER fails to add at 02-3022 Tax Abatement AgreementFinaL doe 0 least $115,000.00 in equipment and personal property in the years and amounts set forth in Paragraph 2(b) hereof; (xii) OWNER fails to comply with all applicable statutes, administrative regulations, or ordinances of the United States, the State of Texas, Brazos County, and/or the City of Bryan governing the operations or maintenance of the Premises or the conduct of OWNER's business in Bryan, Texas. COUNTY shall notify OWNER in writing of such default, and OWNER shall have thirty (30) days after receipt of such written notice, to cure any default, if the default can be cured. If OWNER fails to cure such default, or if OWNER's default can not be cured, COUNTY may, at COUNTY's sole option (except as to a default defined in (ii) above, which shall be governed by Section 6 of this Agreement) require OWNER to pay the current year's taxes in full, repay the current year's tax abatement on a prorated basis, or COUNTY may terminate this Agreement and recapture from OWNER a sum of money equal to all of the tax revenues COUNTY has lost due to the partial abatement of taxes on real property improvements, personal property and equipment from the inception of this Agreement. The remedies listed in this paragraph shall be in addition to any other remedies that COUNTY may have, both legal and equitable. Proration Example - Gross Payroll Default: Gross Payroll Target: $460,000 Actual Gross Payroll: $300,000 $460,000 - $300,000 = $160,000 $160,000 divided by $460,000 -.35% x 100 = 35% 35% x dollar amount of taxes abated for current year = amount of repayment. 02-3022 TavAbatementAgreement-MnaLdoe 6 14. OWNER agrees to submit to COUNTY, and to each taxing unit in whose jurisdiction the Premises are situated, no later than January 31, 2004 and on January 31't of each year thereafter during the term hereof, a Statement of Compliance in the form attached hereto as Exhibit "C" indicating that OWNER has or has not completed the improvements on the PREMISES in accordance with the Plans or revised plans and further indicating that OWNER has or has not complied with each applicable provision of this Agreement. 15. This Agreement shall be for a term of six (6) tax/calendar years, unless sooner • • terminated. The partial exemption from ad valorem taxation of real property improvements, personal property and equipment during each tax year covered by this Agreement shall be computed by taking a percentage of the increase in value of said real property improvements, personal property and equipment on January 1" of each tax year over the value on January I" of 2002, which is the year this Agreement was executed by OWNER and COUNTY. The partial exemption percentages are as follows: Tax Year Percentage of Increased Value over January 1. 2002 Value to be Abated 2002 0% 2003 70% 2004 50% 2005 30% 2006 20% 2007 10% For purposes of this Section, the value of the Premises was $63,990.00 on January 1, 2002. For purposes of this Section, the personal property and equipment to be abated had a value of $0.00 on January 1, 2002 because it was not situated on the Premises on that date. 01-3011 TarAbatementAgreement-RnaLdoc 7 3 U 16. Miscellaneous. a. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. b. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in Brazos County, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. C. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. d. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. Any proposed amendment, modification or alteration shall be provided to the City of Bryan and to the Bryan Independent School District for review and comment prior to adoption by the Brazos County Commissioners Court. e. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. f. No Waiver. CITY's failure to take action to enforce this Agreement in the event of OWNER's default or breach of any covenant, condition, or stipulation herein on one occasion shall not be treated as a waiver and shall not prevent COUNTY from taking action to enforce this Agreement on subsequent occasions. g. Assignment. OWNER shall not assign this Agreement without the written approval of the Brazos County Commissioners Court. A change in ownership of a majority of the stock of OWNER is an assignment for the purposes of this paragraph. If OWNER assigns this Agreement without written approval of the Brazos County Commissioners Court, this Agreement shall terminate immediately and the partial abatement of taxes on personal property and equipment provided for herein shall cease from the date such unauthorized assignment occurred. 02-3022 T=AbatementAg?wmentF`1naLdoe P-L h. Notices. COUNTY and OWNER hereby designate the following individuals to receive any notices required to be submitted pursuant to the terms of this Agreement: • • BRAZOSCOUNTY Al Jones, County Judge Brazos County Courthouse 300 E. 26`s Street, 9114 Bryan, Texas 77803 CITY OF BRYAN City Manager P.O. Box 1000 Bryan, Texas 77805-1000 OWNER Bryan Lumber Remanufacturing, Inc., a subsidiary of Madera Americana, Inc. d/b/a American Lumber, Inc. P.O. Box 5220 Uvalde, Texas 78802 BRYAN INDEPENDENT SCHOOL DISTRICT Tommy Ramirez, President - Board of Trustees c/o Sarah Ashburn, Superintendent 101 N. Texas Avenue Bryan, Texas 77803 The parties hereto have executed this Agreement in duplicate originals, each of equal dignity. Each party has stated the execution date below the signature of its authorized representative. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. ATTEST: G en McQueen, County erk BRAZOS COUNTY, TEXAS Al Jones, County Judge Executed on: 5- 28 -,Dz ATTEST BRYAN LUMBER REMANUFACTURING, INC.. A subsidiary of Madera Americana, Inc d/b/a American Lumber, Inc. arty Hendler, President Executed on: (v MA 2op-2- 02.3022 TarAbatementAgreement-RnaLdoc 9 ejDa 3 a b • EX MIT "A" SITE PLAN • EXIMIT "B" SCHEDULE OF EQUIPMENT AND PERSONAL PROPERTY • 0- FmmW=-&.FiXtu~C~t Software program 4,085.00 C(grnpulas 2,923.14 Iaser/6x4camer 705.20 Portable office building 493.07 Dcsks 400.00 Phone equip 350.00 Cell pbona 30831 File c2binets 300.00 F & F Total 59.45492 Grand Total 524 .55 94 FaWPM A Vw1dittt (3) 33,751.96 Pwckege saw 23,318.00 Can rip sAw 18,477.94 Doublel"d nowt= 17.973.65 KM-16 sew 15.696.25 Trim saw I copvc)vn / notcW 15,116.00 Even Endo 8,301.00 Scissor lifts (5) 8,137.50 Rand saw 8,119.75 Champfor vwch ne 4,242.53 Material de-dearer 3.995.00 Hoppers (martial har -3) 3,927.33 Tractot 3.627.50 Trsuioners, crbq=s, cart3 2,792AT Dust rcmoral I)-AM 2.750.42 140ppess 2,717.28 Waste conveyor 2,525.32 Air campy nwm (2) 2,467.50 Rand l\de (machhmy) 2,175.50 Cutting torch 578.05 Dntt 001tector 15.000.00 12' Moulds 15.WO.00 Wood shaver w/ hopper 8,500.00 Oreen chain 7,500.00 Chamfering machine 6,900.00 un=water 4,500.00 Sealleas twsioner 632.19 Pallet Ja& 497.13 Equipment Total 523Y,199.07 aa.eonou 11 r`'1 EXHIBIT "C" STATEMENT OF COMPLIANCE WITH AGREEMENT FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT WITH BRYAN LUMBER REMANUFACTURING, INC., a subsidiary of MADERA AMERICANA, INC. DB/A AMERICAN LUMBER, INC. IN CITY OF BRYAN REINVESTMENT ZONE FIFTEEN THE STATE OF TEXAS § COUNTY OF BRAZOS § BRYAN LUMBER REMANUFACTURING, INC., a subsidiary of MADERA AMERICANA, INC., DB/A AMERICAN LUMBER, INC. ("Owner") hereby certifies any improvements on the Property, as called for in the above referenced Agreement, have been completed and constructed in every material respect pursuant to said Agreement. Owner further certifies that they have complied with every applicable material term of said Agreement. Signed this day of .20 BRYAN LUMBER REMANUFACTURING, INC. a subsidiary of MADERA AMERICANA, INC. DB/A AMERICAN LUMBER, INC. BY: ITS: Any above described improvements have been accepted by Brazos County, Texas as having been constructed in compliance with the above referenced Agreement, and that pursuant to said Agreement the partial exemption from taxation shall commence on January 1, 2002 continuing through the year 2007, which will be the last year that the property will be entitled to exemption from taxation in accordance with this Agreement, and that the taxable value of the Premises for such period of time shall be the taxable value as finally determined, following any applicable contests and appeals, by the Brazos County Appraisal District on January I" of each year of the term of the Agreement. Signed this day of .20 _ ATTEST: BRAZOS COUNTY, TEXAS By: Karen McQueen, County Clerk Al Jones, County Judge 02-3022 Tax AbatereentAgmmenfAnaLdoc 12 • BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: May 28. 2002 ITEM: Request from Verizon to construct a buried cable installation in the right of way of Deep Well Road. Site is located in Precinct 2. SOURCE OF FUNDS: NIA REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county nght-of-way. 4) 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. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SU E Y: APPROVED BY: • Richard F. Vance, P.E. ommissioner William S. Thornton County Engineer Precinct 2 0002-042 Approved 9/ Denied ❑ by Commissioners' Court Date: 5 - zS -oz Alvin .Jones, Co ty Judge 'frik ~1 ver~izon ACCESS DESIGN 301 INDUSTRIAL BLVD. BRYAN, TX 77803 MAY 8, 2002 RICHARD VANCE BRAZOS COUNTY ENGINEERING OFFICE COUNTY ENGINEER 2617 W. HWY. 21 BRYAN, TX 77803 DEAR MR. VANCE: SUBJECT: AGRMNTS 24 BURIED CABLE ENCLOSED ARE FROM ED-135 AND A WORK LOCATION SKETCH SHOWING THE LOCATION OF OUR PROPOSED COMMUNICATION CABLE LINE ON COUNTY ROADS IN BRAZOS COUNTY AT BRYAN, TEXAS. THIS WORK IS TO BE COMPLETED ON WORK ORDER 5435 313001 FH WHICH IS SCHEDULED FOR MAY 27, 2002. IF YOU HAVE ANY QUESTIONS CONCERNING THIS WORK, PLEASE CONTACT JOE YOUNG AT OUR OFFICE IN BRYAN, TELEPHONE 979-821-4303 WITHIN 15 DAYS SO THAT WE MAY EXPLAIN OF MODIFY OUR PROPOSAL, OTHERWISE, IT IS UNDERSTOOD THAT THIS PROPOSAL IS APPROVED. S RELY, JOH ARNOLD SUPERVISOR - ACCESS DESIGN JA: EC ATTACHMENT D, K.5 os- Z~ 0 z VERIZON COMMUNICATION To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Notice of Line Installation May 8, 2002 Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: • We will place 725 feet of buried cable along the southwest right-of-way of Deep Well Road. This cable will be placed between 7011 Deep Well Road and 7033 Deep Well Road, 5 feet in the right-of-way at a minimum depth of 30 inches. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after May 27, 2002. • V RIZON =MUNICATIONS 5435-3P001FH k- J n Amold Supervisor-Access Design 301 Industrial Blvd. Bryan, TX 77803 0 s N AOBERTSOp COUNTY oo,w PPH, b .t~` p~SP p~ xw"'^ c...' BRAZOS COUNTY 04' ~O 0~ p. ti lQ' MAP BBL d. d' c4 ~T~ e~~ , W.o*3P0oIF44 WORK t, ocwr i oM 50~ OJ~~ ~ LC a • M-280425 f911 15'242310 ` AEF 25-24 X90 •2000419 C300f 1-2 IX00.3-3K1> y~ [3000,399-399 (PP) 03006.4-12 X00,13-15 [3006,16-21 X00.2225 0Q 5 A7'~aF'~00A~\ l2 FF t.~20r • ;060Q `;0 ~ ' QJ r` P 02076830 (PP) -o tiw P <3P001FH> M0282425 " m ~m ww~ A m w1; Li' ~ ~ 725'2423.10 ■ ASP 25-24 2076830 -0 ,L m O :bry• pm h ti, XD 1-6 < > C3096.32-32 <PP> XOD.8-20 <PP> C3006.46-46 <PP> x00,22-22 <PP> ' C3006H399-399 <PP> C3006.34-34 <PP> X00.25-25 <PP> NOTES TO SPLICERS / *DENOTES RIPPLES ASSOCIATED WITH THIS WORK ORDER ONLY. NOTE SPECIAL CKT PRINTOUT. WORK SAFELY NOTE AREA- OBSERVE ALL SAFETY RULES. < L-11 2423.10 (011 1e-FC`~ T WELL RD - /T•12058629 m C3006.1-1 m C3006.46-46 m XOD.3-10 ~P y LOCATE ALL BURIED TELEPHONE CABLES AND UTILITIES. PLACE CABLE 5 FEET INSIDE R.O.W. IF EXISTING UTILITIES ALLOW. . I • I eee® WARNING R f0 MINIMIZE THE RISK OF SERVICE DEG RDATION. ACTIVITV INVOLVING THIS TRANSMISSION EOOIPT.SHOULO BE LIMITED TO THE MAINTENANCE WINDOW NOC ONLINE TRANSMISSION SUPPORT 4214.015.8150) 24 1WiS PER DAY 7 DAYS PER WEEK BEFORE STARTING ANY WORK.ASC YOURSELF THESE OUESTlOM51 1. 010 1 REVIEW RECOVERY PROCEO REST 2. HAVE 1 fOENTIFIEO SERVICES NO USERS DHPACT? %N O 1 HAVE 1 FMO A HIGH RISK ACTIVITY REPORT? 4Z' p 4. Q m DO I HAVE A REGRESSION TEST PLANT i 5. HAVE THE USERS BEEN NOTIFIEO OF THE CHANCE? OU 6 HAVE 1 CHECKED TO SEE IF THE WORK S•OU.O BE J 1 PERFORMEO OURING THE 'WINDOW`? yFCK It ° 7. 00 1 HAVE A METHOD OF PROCEOUE? 8. 00 1 KNOW WHO TO CALL IN CASE OF AN OUTAGE? 9. AM 1 CONFIDENT 1 CAN PEWOR14 TIE WORK CORRECTLY AND SAFELY? 'F YOU ANSWERED NO TO NIT OF THESE WEST IONS. OR FEEL THAT YOU :ANNOT COMPLETE THE JOB SAFELY? NOT ATTEMPT THE JOBI CALL YOUR SUPERVISOR +ti •62> f771 - 11.12423- -1 9 LIEF IEF 6- 619 C3006.15-20 -2058627 (011 M•282425 b ASP 25-242423-10 7 X00.1-6 03006.32-32 XD0.8-28 03006.46.46 XDD.22-22 [3006.399-399 C3006.34-34 X00.25-25 VERIZON Sit AREA STATE. TX DIVISION: SWST EXCH_5435 REM.CD.1 000 M.C.: 5890 WO NO.: 3P001FH CONTROL NUMBER: 'ITLE•PRDIARY 5 DEEP WELL RO TAX DST., TAP, RNO.. SEC.: SAL, _ 411 F. 1.101 1 ORWH I ENG I APRVO I PRINT l 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 2gA day of A.D. 2002 4en McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this 2 f?, 6L day of 2002. Alvin W. Tony Jones, Con issioner Precinct #1 illiam Thornton, Commissioner Precinct #2 C.B. Jones, Co 'ssioner Precinct #3 (Znl . 010, - . Carey Cauley, ommissioner Pr inct # Treasurer's Report for the Month of APRIL 2002 FUND NUMBER & NAME CASH BALANCE 03/31/2002 INCOMING INVESTED TEXPOOL INTEREST - APRIL SUB-TOTAL DISBURSED CASH BALANCE 04/30/2002 INVESTED CK.ACCT.BAL. 04/30/2002 01 - GENERAL FUND 26,462,132 54 2,112,788 67 21,113 86 28,596,035 07 3,069,556 89 25,526,478 18 15,324,098.17 10,202,380 01 02 - COUNTY HEALTH ENDOWMENT FUND 2,456,827 09 34,880.37 1,96143 2,493,668 89 34,000 00 2,459,668 89 1,303,087 29 1,156,58160 05 - HEALTH DEPARTMENT 892,657 57 81,158 47 973,816 04 79,614 89 894,201 15 - 894,201 15 12 - STATE LATERAL ROAD 60,252 38 75 95 9 57 60,337 90 - 60,33790 6,35639 53,981.51 13 - UNCLAIMED FUNDS 152,626.05 12,443 97 165,070 02 165,070 02 - 16S,07002 14 - COMMUNITY SUPERVISION 737,820 88 254,517.01 56746 992,905 35 403,010 38 589,894 97 376,995 67 212,8%30 15 - LAW LIBRARY 126,772-25 3,458.61 - 130,23086 245 31 129,985 55 129,985 55 16 - APPELLATE JUDICIAL FUND 36,265 74 751 09 37,016 83 31,84100 5,17583 5,17583 17 - ALTERNATIVE DISPUTE RESOLUTION 1,33796 1,640.00 2,97796 1,34796 1,63000 1,630.00 18 - LEOSE FUND 26,453 81 - 26,453 81 2,07041 24,383 40 24,383.40 19 - COUNTY RECORDS MANAGEMENT 525,472 64 4,77407 530,246 71 114,063 95 416,182.76 416,182.76 20 - COUNTY CLERK MGMT FUND 121,494 81 6,075 17 127,569 98 4,73104 122,838 94 122,838 94 21 - TIME PAYMENT FUND 19,387.19 450 45 - 19,837 64 - 19,837 64 19,837.64 22 - COURTHOUSE SECURITY FUND 304,892 62 7,597.61 40726 312,897 49 9,41086 303,486 63 270,566.59 32,92004 24 - JUSTICE @ PEACE - TECHNOLOGY FUND 9,86821 28861 - 10,156.82 - 10,156 82 - 10,156.82 2S - SPECIAL FORFEITURE FUND 2,16163 3 05 - 2,16468 2,16468 - 2,16468 28 - VOTER REGISTRATION 32,529-18 1.53 4740 32,578 11 - 32,578 11 31,489 08 1,08903 29 - VTT INTEREST FUND 75,111 35 14.66 97 54 75,223.55 891.56 74,331 99 64,8042S 9,52774 30 - COUNTY GRANTS 68,376 76 132,799 45 - 201,176 21 88,689.91 112,486 30 112,486 30 31 - M P O RAIL STUDY 64,199 00 90.45 64,289.45 - 64,289 45 64,289.45 32 - NARCOTICS TASK FORCE (95,697 30) 62,992 23 (32,705.07) 49,244 39 (81,949 46) (81,949.46) 44 - JUDICIAL SOFTWARE FUND 1,195,634.60 1,60449 1,197,319 09 331,420 06 865,899.03 865,899 03 45 - GEN PERMANENT IMPV 1,396,940.33 690.67 1,397,631 00 50,439 20 1,347,191.80 700,583 13 646,608.67 46 - EXPOSITION CENTER FUND 6,351,388.98 8,94826 6,360,337.24 50,417 74 6,309,919 50 - 6,309,919 50 49 - C 0 SERIES 1998 382,071 91 233.41 326 23 382,631 SS 97,947 34 284,684 21 216,724 79 67,959 42 50 - HEALTH & LIFE INSURANCE 1,048,363.93 296,325.85 565 25 045,25S 03 533,404-48 811,850.55 375,528 59 436,321 96 60 - PAYROLL 372,535.79 1,001,713 82 - 1,374,249.61 990,034 84 384,214 77 - 384,214 77 75 - BAIL BOND BOARD FUND 62,680 91 88 31 62,769.22 23.02 62,746.20 62,746 20 TT~.UFACGTSIH'PaOL' y,; y; r42,890, 58.52• =-,4,p26;486:73 4 25,096.00, 46,942,143A ~ 7;5;942;405.23 ,40,9, 9; 35:81 ,18,670,233.95- '22,9 9~501.8~ 41 - GEN.OBLIG DEBT SVC 1,916,472 60 3,222.94 1,21011 1,920,905 65 1,920,905 65 803,943 43 1,116,962 22 pG V•N331`+V ,P~ ~ t s-f.1^! .~ttr4• ~~'~p•A iia+ S. .iC _ ~.`..S:p ..,.',i~:vi[.:`°"': -::flfi"'`. eF :w si<sra'~'• ~in~,r °,MC,,, :,e.; Cr.-- wF L`A°.,~. i-. - :i.« .,...I. o~n.~. r. i...e_.,....>_: ,aFC. TOTAL 44,807,031.43 4,029,709.17 26,306.11 48,863,046.69 5,942,405.23 42,920,641.46 19,474,177.38 23,446,464.07 NOTE.- The Interest for Gen. Perm. rnpv fund under Texpoo/ Interest 7s interest earned & re-invest in the We//s Fargo Money Market account set up for the purchase of veh7des. This report is submitted as true and correct to Commissioners Court by f n ) Brazos County Treasurer, on 5..r-L 3 /Z002i C~ 0 0 l I I i~ •