HomeMy WebLinkAbout2002-10-15-0900AM-Regular•
F 4t.ED
BRAZOS COUNTY
BRYAN. TEXAB
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' kk.`:,LLy~ ERAS
. 1 DEPUTY
BY:
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
• THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON
TUESDAY, OCTOBER 15, 2002 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE BRAZ.OS COUNTY COURTHOUSE, 300 EAST 26TH STREET,
SUITE 115, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance - Commissioner C. B. Jones.
2. Call for citizen input and/or concerns.
Consider and take action on agenda items 3 - 23:
3. Budget Amendment 01/02-43.
4. Budget Amendment 02/03-3.
5. Payment of Claims.
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6. Personnel Changes of Status.
7. Memorandum of Agreement between the Brazos County Housing Finance
Corporation and the Brazos Valley Council of Governments.
8. Amended and Restated Bylaws of the Brazos County Housing Finance Corporation.
9. Resolution providing for the sale of property acquired by Brazos County at a
delinquent tax sale.
10. Contract with Texas Voting Systems, Inc. for election services for the General
Election, the Special Election and the creation of the Brazos Valley Groundwater
Conservation District to be held on November 5, 2002.
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Commissioners Court Meeting Agenda
October 15, 2002
Page Two
11. Approving presiding judges and alternate judges for the November 5, 2002 election.
12. Verifying the County Lateral Road Account Report for 2002.
13. Agency Agreement with, and requisition for, leadsonline, Inc. for law enforcement
automated database search.
14. Applications for Tax Refunds for the following:
a. Robert W. Todd dba Todd & Company
b. B. H. Downs, Jr.
I5. Blanket Purchase Orders:
a.
$3,000.00 to Wilton's for the District Clerk
b.
$5,000.00 to Buchanan/Soil for Road & Bridge
c.
$5,000.00 to NAPA Auto Parts for Road & Bridge
d.
$3,000.00 to Capitol Bearings for Road & Bridge
e.
$2,000.00 to Kwik Kar Oil for the Sheriffs Office
f.
$1,000.00 to Pharmerica for the Jail Administration
g.
$4,000.00 to The Eagle for Purchasing Department
16. Authorizing the Purchasing Department to advertise for the following:
a. Bid 42003-007 Cold Mix Limestone Concrete Pavement, Annual Contract
b. Bid #2003-008 Fencing Supplies, Annual Contract
C. Bid 42003-009 Fence Building, Annual Contract
d. Bid #2003-010 Motorgrader Blades, Annual Contract
17. Classifying Waste Systems Equipment, Inc. as exempt from competitive bidding.
18. Renewal of the Lease Agreement with IOS Capital for a copier for the Agricultural
Extension office.
19. Award of Bid #2002-063 Asphalt, Oil and Emulsion Annual Bid.
20. Requisition for Bid #2002-064, Culverts for the Road & Bridge Department.
21. Acceptance of Warranty Deed from Hardy Lynn Weedon, Jr. for improvements to
Hardy Weedon Road located in Precinct 3.
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Commissioners Court Meeting Agenda
October 15, 2002
Page Three
22. Acceptance of Warranty Deed from Sara Adams Jennings for improvements to Jack
Creek Road located in Precinct 2.
23. Acceptance of Warranty Deed from Stanley J. Maliska and wife, Leisa Maliska, for
improvements to Jack Creek Road located in Precinct 2.
24. Announcement of interest items and possible future agenda topics.
• 25. Call for citizen input and/or concerns.
26. Adjourn.
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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
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COMMISSIONERS' COURT
REGULAR MEETING
OCTOBER 15, 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, October 15, 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 C. B. Jones gave the invocation and led the
pledge of allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #01/02-43.1
through 43.2, which would correct the budget of the Juvenile
Salary Supplement, and reallocate funds for the District
Clerk's office. On motion by Commissioner Tony Jones,
seconded by Commissioner Thornton, the Court voted unanimously
to approve the budget amendment as submitted, a copy of which
is attached hereto.
Vol 3-) Page 173
E
Commissioners' Court meeting October 15, 2002
2
The Court next considered Budget Amendment #02/03-3.1,
which would reallocate funds for the County Attorney's Office.
Commissioner Cauley moved to approve the amendments as
submitted. Commissioner Thornton seconded the motion.
Commissioners Tony Jones, Thornton, C. B. Jones and Cauley
voted "Aye". The County Judge voted "No". A copy is
attached.
•
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
20035488 through 20035784
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
Commissioner Cauley, the Court voted unanimously to approve
the changes as submitted.
is
The Court next considered approval of a Memorandum of
Agreement between the Brazos County Housing Finance
Corporation and the Brazos Valley Council of Governments. On
motion by Commissioner Thornton, seconded by Commissioner Tony
Jones, the Court voted unanimously to approve the Memorandum
Vol 37 Page 1-7+
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Commissioners' Court meeting October 15, 2002
3
of Agreement to contract with the Brazos Valley Council of
Governments to serve as administrative staff for the Brazos
County Housing Finance Corporation. A copy is attached.
The next matter for consideration by the Court was
approval of the amended and restated bylaws of the Brazos
County Housing Finance Corporation. On motion by Commissioner
Thornton, seconded by Commissioner Cauley, the Court voted
unanimously to approve the amended and restated bylaws of the
Brazos County Housing Finance Corporation. A copy is
attached.
On motion by Commissioner Thornton, seconded by
Commissioner Cauley, the Court voted unanimously to adopt a
resolution authorizing the County Judge to convey Lot 10,
Block 1, Sweet Briar Addition to Samuel Galls. This property
was offered for sale by the Sheriff of Brazos County, Texas at
a public auction pursuant to a judgement of foreclosure for
delinquent taxes by the District Court, Cause No. 46,763-361.
When no sufficient bid was received it was struck back to the
County. Texas Property Tax Code §34.05(a),(h)&(i) provide
that the County can accept a sufficient bid. One was submitted
and the property was conveyed to Samuel Galls.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and Texas Voting
Vol 37 Page 175
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Commissioners' Court meeting October 15, 2002 4
Systems, Inc. to provide services and supplies to conduct the
Brazos County General Election, Special Election and
propositions. The cost to Brazos County will be $29, 050.00. On
motion by Commissioner Tony Jones, seconded by Commissioner
Cauley, the Court voted unanimously to enter into contractual
agreement with Texas Voting Systems, Inc. A copy of the
contractual agreement is attached.
•
On motion by Commissioner Tony Jones, seconded by
Commissioner Cauley, the Court voted unanimously to appoint
the following persons as presiding judge and alternate judge
for the current voting year at the following voting precincts:
Pct # Election Judge Alternate Judge
1 Joe LeCour (R)
lab
26
70ab/64/69
Zelda Williams (D)
Elizabeth L. May (D)
Dwayne Suter (D)
The next matter for consideration was the verification of
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the County Lateral Road Account Report for 2002. On motion by
Commissioner Tony Jones, seconded by Commissioner Cauley, the
Court voted unanimously to verify that as of August 31, 2002,
the balance in the Lateral Road Account is $60,786.96.
The Court next considered an Agency Agreement with
requisition for, Leadsonline, Inc. for law enforcement
automated database search. Term of the agreement is for one
year beginning October 1, 2002 and ending September 30, 2003.
Vol 37 Page 11 Q$
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Commissioners' Court meeting October 15, 2002
5
On motion by Commissioner Cauley, seconded by commissioner
Thornton, the Court voted unanimously to approve the Agency
Agreement and the requisition in the amount of $600.00. A
copy of the Agreement is attached.
The next matter for consideration was a tax refund to the
following individuals:
a. Robert W. Todd, DBA Todd & Co. due to an
overpayment by the title company. On motion by
Commissioner Tony Jones, seconded by Commissioner
Thornton, the Court voted unanimously to refund
$45.14 in county taxes for 2001 to Robert W. Todd,
DBA Todd & Co.
b. B. H. Downs, Jr. due to an overpayment by property
owner. On motion by Commissioner Tony Jones,
seconded by Commissioner Thornton, the Court voted
unanimously to refund $65.71 in county taxes for
2001 to B. H. downs, Jr.
The Court proceeded to consider the following blanket
Purchase Orders:
Wilton's Off Works
Buchanan Soil Mech
NAPA Auto Parts
Capitol Bearings
Kwik Kar Oil
Pharmerica
The Eagle
District Clerk
Road & Bridge
Road & Bridge
Road & Bridge
Sheriff
Jail Administration
Purchasing
$3,000
$5,000
$5,000
$3,000
$2,000
$1,000
$4,000
On motion by Commissioner Tony Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
Vol 37 Page 1-77
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Commissioners' Court meeting October 15, 2002
6
The next matter for consideration was approval for the
Purchasing Agent to advertise for the following bids:
1. 2003-007, Cold Mix Limestone
2. 2003-008, Fencing Supplies
3. 2003-009, Fence Building
4. 2003-010, Motor Grader Blades
On motion by Commissioner Cauley, seconded by Commissioner
• Thornton, the Court voted unanimously to authorize the
Purchasing Agent to advertise for the previously noted bids.
The Court next considered an Exemption from Competitive
Bidding Requirements of Local Government Code, Section
262.024(a)(7). This is for the purchase of professional
services from Waste Systems Equipment, Inc. The Commissioners'
Court determined that this is a single source supplier. On
motion by Commissioner Tony Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Exemption
of Competitive Bidding Requirements and authorized the payment
for said cost for fiscal 2002-2003.
• The Court next considered renewal of the Lease agreement
with IOS Capital for a copier for the Agricultural Extension
office. On motion by Commissioner Cauley, seconded by
Commissioner Tony Jones, the Court voted unanimously to renew
the lease agreement for year four (4) of the five (5) year
Vol 37
Page
113
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Commissioners' Court meeting October 15, 2002
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agreement. The period is October 1, 2002 through September
30, 2003 and the cost is $9,660.00.
The Court next considered awarding the following bid:
Bid No. 2002-063, Asphalt, Oil and Emulsion Annual Bid
Becky Stephens, Senior Buyer made the
following recommendations:
AE-PRIME
Primary: Cleveland Ashpalt
Secondary: Prime materials
CRS-2
Primary: Cleveland Asphalt
Secondary: Gulf States
SS-1
Primary: Cleveland Asphalt
Secondary: Gulf States
HFRS-2
Primary: Cleveland Asphalt
Secondary: Prime Materials
HFRS-2P
Primary: Gulf States
Secondary: Prime Materials
On motion by Commissioner Tony Jones, seconded by Commissioner
Thornton, the Court voted unanimously to accept the
recommendation of the Purchasing Agent and award the contract
as noted.
The Court next considered a requisition for Bid #2002-
064, Culverts for the Road & Bridge Department. On motion by
Commissioner Tony Jones, seconded by Commissioner Thornton,
the Court voted unanimously to approve the requisition. Then
Vol 37 Page 119
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Commissioners' Court meeting October 15, 2002
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after considerable discussion, Commissioner Tony Jones and
Thornton moved to rescind their motion and second. The Court
voted unanimously to approve. Then on motion by Commissioner
Cauley, seconded by Commissioner Tony Jones, the Court voted
unanimously to table consideration.
The Court next considered acceptance of a Warranty Deed
for right-of-way on Hardy Weedon Road in Precinct 3. On
• motion by Commissioner C. B. Jones, seconded by Commissioner
Cauley, the Court voted unanimously to authorize the County
Judge to accept on behalf of Brazos County a Warranty Deed
from Hardy Lynn Weedon, Jr. for the expansion and improvements
to Hardy Weedon Road.
The Court next considered acceptance of a Warranty Deed
for right-of-way on Jack Creek Road in Precinct 2. On motion
by Commissioner Thornton, seconded by Commissioner Cauley, the
Court voted unanimously to authorize the County Judge to
accept on behalf of Brazos County a Warranty Deed from Sara
Adams Jennings for the expansion and improvements to Jack
Creek Road.
The Court next considered acceptance of a Warranty Deed
for right-of-way on Jack Creek Road in Precinct 2. On motion
by Commissioner Thornton, seconded by Commissioner Cauley, the
Court voted unanimously to authorize the County Judge to
Vol
37
Page
190
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Commissioners' Court meeting October 15, 2002
9
accept on behalf of Brazos County a Warranty Deed from Stanley
J. Maliska and wife Leisa Maliska for the expansion and
improvements to Jack Creek Road.
Under announcement of interest items and possible future
agenda topics the County Judge made the following comments:
a) He received a letter from a company on
tax management and review. He would pass
it on to the County Auditor to check on
it and get further information.
b) Jim Allison, with Allison and Associates,
will represent all the counties included
in the Caldwell vs Rylander law suit.
This has to do with the collection of a
technology fee authorized in 1992 by the
state legislature.
c) He received a letter from the Auditor
suggesting a workshop on Pentamation.
The Auditor is awaiting additional
information on the cost before scheduling
a workshop.
Under citizen input and/or concerns, Demetrios Basdekas
made the following comments:
1. Asked about the policy of requiring a citizen to
fill a form to make comment on an agenda item. He
said that he didn't like having to wait until the
end of the meeting to comment on topics. The
County Judge stated that he asks for comments after
every item.
2. He referred the Court to item 21 on the agenda and
asked why the Court voted to accept a Warranty Deed
without knowing the cost of the land. The County
Judge explained that the County was paying $500 for
this particular piece of land.
There being no further business to come before the Court,
the meeting was adjourned.
Vol 3 7 Page 181
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The foregoing minutes of the Commissioners Court meeting
held October 15, 2002 have been examined and"" are approved in
open Court this the - & * day of Alt- ~nte~ ec , 2002, in
Bryan, Brazos County, Texas.
Alvin W , Jones
County Judge
m. S. Thornton
Commissioner, Precinct 2
C--ay C ley, Jr.
Commissioner, Precin t 4
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Vol 37
Z~"~
T o s
Commis o r, Precinct 1
C. B. J es
Commiss oner, Precinct 3
c gcze-~
'Karen McQueen
County Clerk
Page i $ a
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BRAZOS COUNTY -COMMISSIONERS COURT
MEETING ON /s 200 z- AT Too AA
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BRAZOS COUNTY `CONMSSIONERS COURT
MEETING ON t5'- 200 2 AT q: DD AM-
NAME ORGANIZATION/DEPARTMENT
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT-(S) FOR THE 2001-2002 BUDGET YEAR
NO. 01/02-43.1 through 43.2
On this the 15th day of October 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 October 15, 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 15th day of October, 2002.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
BY: Alvin W. Jones, County Judge
Q-~~
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
37 ~~,~-sue
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 01/02 43.1
10/18/02
•
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FD DIV ACCT PROJ DR/CR ACCOUN'T' NAME Increase Decrease
01 200001 673420 Dr. Minor Furniture $ 73.00
01 200001 655400 Cr. Printer Maintenance 73.00
District Clerk
To reclassifv funds to cover overaize.
40
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 01/02 43.2
10/15/02
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Increase
01
310001
517510
Dr.
St Su lement-TJPC JPO
S 18,900.00
01
310100
517510
Dr.
St Su lement-TJPC JPO
800.00
01
310500
517510
Dr.
St Su lement-TJPC JPO
800.00
01
310001
517511
Dr.
St S lement-TJPC Detent
1,800.00
01
310100
517511
Dr.
St Su lement-TJPC Detent
350.00
01
310400
517511
Dr.
St Su lement-TJPC Detent
100.00
01
480031
Cr.
Juv Salary Supplement
22,750.00
30
3121
517510
Dr.
St Su lement-TJPC JPO
4,750.00
30
3161
517510
Dr.
St Su lement-TJPC JPO
1,700.00
30
3121
517511
Dr.
St Su lement-TJPC Detent
110.00
30
480031
Cr.
Juv Salary Supplement
6,560.00
Juvenile Sala Supplement
To correct t
he budget to the actual 'uvenile supplements aid that were r Wed. by the
State ant.
3-7
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR
NO. 02/03-3.1
On this the 15th day of October 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.
L.J
The following proceedings were held:
THAT WHEREAS, on October 15, 2002 the Court heard and approved a
budget amendment for the 2002-2003 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 August 23, 2002 the following amendment(s)
to the original are hereby authorized, as described on the attached
page(s).
ADOPTED AND APPROVED this the 15th day of October, 2002.
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THE COMISSIONERS' 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
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B_RAZOS COUNTY. TEXAS _
BUDGET AMENDMENTS _
No. 02/03-3.1
-----10115101
FD
DIV
ACCT
PROd
DR/CR
ACCOUNT NAME
Increase
Decrease
01
180001
672870
Dr.
Equipment - Radios
800.00
01
180001
615000
Cr.
Printing
800.00
County ft
orney
To reclassify budget to allow the purchase of
three 3 hand-held radios for the investigators
when the are working warrants and serving subpoenas and away from their vehicles.
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PERSONNEL CHANGE OF STATUS
COURT DATE: October 10, 2002
page 1 of 1
DEPARTMENT: Personnel
PURPOSE: A~~rove Personnel Change of Status
■
DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED
a........e
TAX OFFICE
SHUTT, JAMIE L. NEW HIRE-FULL TIME
SHERIFF'S OFFICE/JAIL
DROSCHE, DAVID PROMOTION
LANHAM, DEAN RESIGNATION
POOL, SHANNON RESIGNATION
MPO PARKS, MICHAEL RESIGNATION
Approved in Commissioners' Court: October 15, 2002
County Judge's or Commissioner's Signature:
(This copy to be attached to minutes)
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Memorandum of Agreement
Between
Brazos County Housing Finance Corporation
And
Brazos Valley Council of Governments
THIS AGREEMENT is by and between the Brazos County Housing Finance Corporation hereinafter
referred to as "BCHFC" and the Brazos Valley Council of Governments hereinafter referred to as "BVCOG."
WHEREAS, BVCOG serves as the regional planning organization for the seven-county Brazos Valley
region consisting of Brazos, Burleson, Grimes, Leon, Madison, Robertson, and Washington Counties as well as 25
incorporated communities and several unincorporated communities within these counties; and
WHEREAS, BVCOG provides and administers, in consultation with and through the cooperation of the
local elected officials, housing and community and economic development programs with a common goal to create
and enhance partnerships between local governments, private businesses, and service organizations in the effort to
collaboratively plan for and maintain the highest quality of life in the Brazos Valley region; and
WHEREAS, BCHFC is incorporated as a non-profit housing finance corporation under the Texas Housing i"
Finance Corporations Act of 1979 with the purpose of issuing bonds for the promotion and development of decent,
safe, and sanitary housing and to promote and encourage employment and the public welfare for residents of Brazos
County and the Six Counties (defined below) pursuant to the aforementioned Act, and
WHEREAS, BCHFC has needed to obtain the approval (the "Approvals' of the Commissioners Courts of
Burleson, Grimes, Leon, Madison, Robertson, and Washington Counties (collectively, the "Six Counties") for the
issuance of bonds and or mortgage tax credits for the benefit of Brazos County and the Six Counties as ministerial
duties to comply with requirements of the Attorney General of Texas and federal income tax laws.
BE IT, THEREFORE, AGREED that BCHFC will contract with BVCOG to serve in the capacity of
administrative staff for the BCHFC upon terms to be agreed upon at the time of the contract. BVCOG will be
responsible for promptly obtaining the Approvals. BCHFC shall continue to have the sole right and responsibility
for issuing bonds and mortgage tax credits and the selection of bond counsel, financial advisor (if any is deemed
necessary by BCHFC), and placement agents or underwriters in connection therewith after notice to and
consultation with BVCOG.
BE IT FURTHER AGREED that the BCHFC will amend its Bylaws to provide advisory representation to
the Board of Directors (the `Board's from the Six Counties. Notice of all meetings of the Board will be given to the
County Judge of each of the Six Counties. It is specifically understood that the Six Counties may or may not
participate in Board meetings, but that their participation is advisory only and the sole decision-making power will
remain with the Board.
AGREED to this "day of
2002 by the Board o Directors of the BVCOG and
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the day of , 2002 by a Board and the :day of 2002 by the
Commissioners Court of Brazos County in compliance with the Bylaws and Articles of Incorporation of the
BCHFC.
SIGNED-
Ceci ee~ly; Board Chairman, BVCOG
Al Jon , President, BCHFCC/
Al Jon , County Judge, Brazos County
191
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AMENDED AND RESTATED BYLAWS OF
BRAZOS COUNTY HOUSING FINANCE CORPORATION
ARTICLE I. BOARD OF DIRECTORS
Section Powers. Number, and Term of Office. All powers of the Brazos County Housing Finance
Corporation (the "Corporation") shall be vested in a Board of Directors (the "Board') consisting of three persons,
each of whom shall be appointed and hold office according to the provisions of Article Eight of the Articles of
Incorporation.
Section 2. Meetings of Directors. The Board may hold its meetings at such place or places in the State of
Texas as the Board may from time to time determine; provided, however, in the absence of any such determination
by the Board, the meetings shall be held at the registered office of the Corporation in the State of Texas.
Section . Regular Meetings. Regular meetings of the Board may be held, without the necessity for
advance notice, at such times and places as shall be designated from time to time by resolution of the Board.
Section 4. Special Meetings. Special meetings of the Board shall be held whenever called by the president,
• by the secretary, by a majority of the directors for the time being in office, or upon advice or request by the
Commissioners Court of the County of Bnizos (the "County"). Unless otherwise indicated in the notice thereof, any
and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a special meeting.
Section 5. Notice of Meetings. Each notice of a meeting of the Board shall comply with the Texas Open
Meetings Act, Chapter 551, Texas Government Code, as amended, and the secretary shall give notice of each special
meeting to each director in person, or by mail, telephone, or telegraph, at least two hours before the meeting.
Section 6. Ouorum A majority of the directors shall constitute a quorum for the consideration of any
matter pertaining to the purposes of the Corporation. The act of a majority of the directors present at a meeting at
which a quorum is in attendance shall constitute the act of the Board, unless the act of a greater number is required
by law.
Section 7. Conduct of Business. At the meetings of the Board, matters pertaining to the purposes of the
Corporation shall be considered in such order as from time to time the Board may determine.
At all meetings of the Board, the president shall preside, and in the absence of the president, the vice
president shall exercise the powers of the president.
The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of
the secretary, the presiding officer may appoint any person to act as secretary of the meeting.
Section 8. Compensation of Directors. Directors shall not receive any salary or compensation for their
services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties
hereunder.
Section 9. Advisory Rgpresentation. In addition to the County, the Corporation serves Burleson, Grimes,
Leon, Madison, Robertson, and Washington Counties (the "Six Counties"). The Board will recognize one
representative from each of the Six Counties as advisors to the Board. Unless otherwise designated by a
Commissioners Court, the County Judge of each of the Six Counties will be the advisor to the Board. Notice of all
meetings of the Board will be given to the County Judge of each of the Six Counties simultaneously with posting or
otherwise giving such notice to the public or to the Board. It is specifically understood that the representatives of
the Six Counties are advisor; to the Board and the sole decision-malting power remains in the Board.
elf 37
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ARTICLE Ii. OFFICERS
Section . Titles and Terms of Office. The officers of the Corporation shall be a president, a vice
president, a secretary, an assistant secretary, and such other officers as the Board may from time to time elect or
appoint. Terns of office shall not exceed three years.
All officers shall be subject to removal from office, with or without cause, at any time, by a vote of a
majority of the whole Board,
A vacancy in the office of any officer shall be filled by a vote of a majority of the directors.
Section Power and Duties of the President. The president shall be the chief executive officer of the
Corporation and subject to the Board; he shall be in general charge of the properties and affairs of the Corporation;
he shall preside at all meetings of the Board; and in furtherance of the purposes of the Corporation, he may sign and
execute all bonds, deeds, conveyances, franchises, assignments, mortgages, notes, contracts, and other obligations in
the name of the Corporation.
Section 3. Vice President. The vice president shall have such powers and duties as may be assigned to him
by the Board and shall exercise the powers of the president during that officer's absence or inability to act Any
action taken by a vice president in the performance of the duties of the president shall be conclusive evidence of the
absence or inability to act of the president at the time such action was taken.
Section 4. Secre . The secretary shall keep the minutes of all meetings of the Board in books provided
for that purpose; he shall attend to the giving and serving of all notices; in furtherance of the purposes of the
Corporation, he may sign with the president in the name of the Corporation and/or attest the signature thereto, all
contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes, and other instruments of the
Corporation; he shall have charge of the corporate books, records, documents, and instruments, and such other
books and papers as the Board may direct, all of which shall at all reasonable times be open to inspection upon
application at the office of the Corporation during normal business hours; and he shall, in general, perform all duties
incident to the office of secretary, subject to the control of the Board.
Section . Assistant Secretary. The assistant secretary shall perform the duties of the secretary in the event
of the absence or disability of the secretary.
ARTICLE III. PROVISIONS REGARDING ARTICLES OF INCORPORATION AND BYLAWS
Section 1. Effective Date. These Bylaws shall become effective upon their adoption by the Board-
Section 2. Amendments to Articles of Incorporation and Bylaws. The Articles of Incorporation may at any
time and from time to time be amended, provided that the Board files with the Commissioners Court of the County a
written application requesting that the Commissioners Court approve such amendment to the Articles of
Incorporation, specifying in such application the amendment or amendments proposed to be made. If the
Commissioners Court by appropriate resolution finds and determines that it is wise, expedient, necessary, or
advisable that the proposed amendment be made, authorizes the same to be made, and approves the form of the
proposed amendment, the Board shall proceed to amend the articles as provided in Chapter 394, Texas Local
Government Code (the "Act").
Section 3. Interpretation of Bylaws. These $ylaws and all terms and provisions hereof shall be liberally
construed to effectuate the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section, or
other part of these Bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid
or unconstitutional by any court of competent jurisdiction, the remainder of these Bylaws and the application of such
word, phrase, clause, sentence, paragraph, section, or other part of these Bylaws to any other person or
circumstances shall not be affected thereby. -
f ~
•
ARTICLE TV. GENERAL PROVISIONS
Section 1. Principal Office. The principal office of the Cu:poration shall be located in Bryan, Texas.
The Corporation shall have and continuously maintain in the State of Texas a registered office, and a
registered agent whose business office is identical with such registered office, as required by the Act. The registered
office may be, but need not be, identical with the principal office in the State of Texas, and the address of the
registered office may be changed from time to time by the Board, pursuant to the requirements of the Act
Section 2. Fiscal Yeaz. The fiscal year of the Corporation shall be as determined by resolution of the
Board.
Section 3. Shea . The seal of the Corporation shall be as determined by the Board
Section 4. Notice and Waiver of Notice. Whenever any notice whatsoever is required to be given under
the provisions of the Act, the Articles of Incorporation, or these Bylaws, and in addition to the requirements of the
Texas Open Meetings Act, said notice shall be deemed to be sufficient if given by depositing the same in a post
office box in a sealed postpaid wrapper addressed to the person entitled thereto at his post office address, as it
appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such
mailing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a
director attends a meeting for the express purpose of objecting to the transaction of any business on the ground that
• the meeting is not lawfully called or convened. Neither the business to be transacted nor the purpose of any regular
or special meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless required
by the Board A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before
or after the time stated therein, shall be deemed equivalent to the giving of such notice.
Section . Resignations. Any director or officer may resign at any time. Such resignations shall be made
in writing and shall take effect at the time a successor thereto has been appointed and qualified The acceptance of a
resignation shall not be necessary to make it effective, unless expressly so provided in the resignation.
Section 6. Books and Records. The Corporation shall keep correct and complete books and records of
account and shall keep minutes of the proceedings of its Board.
ARTICLE V. INDEMNITY
Section 1. The Corporation shall indemnify and hold harmless any person who was or is a party or who is
threatened to be made a party to any proposed, pending, or completed action, suit, or proceeding, whether civil,
criminal, administrative, or investigative (including an action by or in the right of the Corporation) by reason of the
fact that he is or was a director or office of the Corporation, against all costs and expenses (including attorneys'
fees), judgments, fines, penalties, and amounts paid in settlement actually and reasonably incurred by him in
connection with such action, suit, or proceeding, but only if (i) he has acted in good faith and in a manner he
reasonably believed to be in or not opposed to the best interest of the Corporation, (ii) with respect to any criminal
action or proceeding, he had not reasonable cause to believe his conduct was unlawful, and (iii) he shall not have
• been guilty of negligence or misconduct in respect of the matter as to which indemnity is sought The termination of
any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a pleas of nolo contenders, or its
equivalent, shall not, in and of itself, create a presumption that the person has not satisfied the requirements for
indemnity set forth in clauses (i), (ii), and (iii) of the preceding sentence.
Section . To the extent that a director or officer has been successful on the merits or otherwise in defense
of any action, suit, or proceeding referred to in Section 1 above, or in defense of any claim, issue, or matter arising
therein or in connection therewith, it shall be deemed to be a determination that he has met the applicable standard
of conduct, and accordingly he shall be entitled to be indemnified as provided in that Section.
Section 3. Except as provided in Section 2 above, indemnification under Section 1 shall be made by the
Corporation only after a determination in each specific case that indemnification of the director or officer is proper
because he has met the applicable standard of conduct as set forth in Section I above. Such determination shall be
made by (i) the Board through a majority vote of a quorum consisting of directors who were not parties to such
action, suit, or proceeding or (ii) by independent counsel in a written opinion is such quorum is not obtainable, or
even if obtainable upon a quorum of disinterested directors who so direct.
Section 4. Expenses incurred by it director or officer in defending any action, suit, or proceeding may be
paid by the Corporation in advance of the final disposition of such action, suit, or, proceeding if (i) the Board
determines that the payment is proper under Section 3 above and (ii) the director or officer shall agree in writing to
repay such amounts to the Corporation unless it shall be finally determined that he is entitled to bg indemnified by
the Corporation under the provisions of this Article.
Section The indemnification provided by this Article shall not be deemed to limit tie power of the
Corporation to indemnify directors and officers under or pursuant to the state or federal la which may be
applicable from time to time, and shall not be deemed to be exclusive of any other rights to which ose indemnified
may be entitled under any bylaw, agreement, vote of disinterested directors, or otherwise, and shall continue as to a
person who has ceased to be a director or officer and shall inure to the benefit of the heirs executors, and
administrators of that person.
Section 6. On behalf of any person who is or was a director or officer of the Corporati at any time, the
Corporation shall have the power to purchase and maintain insurance against any liability asserte against such a
person and incurred by him in his capacity as a director or officer of the Corporation or arising ou of his status as
such, without regard to whether the Corporation is or may be obligated to indemnify him against su h liability under
the provisions of this Article.
Section 7. It is stipulated and agreed that except to the extent otherwise expressly provided in this Article,
no person or entity other than the Corporation and any person who is or was a director or officer of the Corporation
shall have or acquire any rights hereunder.
Section 8. For purposes of this Article, any masculine pronouns used herein shall be deemed to include the
feminine gender.
s s s
Approved October 4, 2002.
Secretary, B o rectors 1
e'll
/C> - t _O'Z-
3-7
•
RESOLUTION PROVIDING FOR THE SALE
OF PROPERTY ACQUIRED BY THE COUNTY OF BRAZOS
AT DELINQUENT TAX SALE
•
WHEREAS, Lot 10, Block 1, Sweet Briar Addition to the City of College Station, Brazos
County, Texas, being that property more particularly described in Vol. 466, Page 80 and Volume 4683,
Page 111 of the Official Records, Brazos County, Texas was offered for sale by the Sheriff of Brazos
County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by the
District Court; Cause No. 46,763-361; County of Brazos et al vs. Karl Dahlstrom; and
WHEREAS, TEX. PROP. TAX CODE §34.05(a), (h) and (i) provide that we may accept a
sufficient bid. A bid of SEVENTY-FIVE THOUSAND AND NO HUNDREDTHS DOLLARS
($75,000.00) or greater would be a sufficient bid for this property; and
WHEREAS, no sufficient bid was received and the property was struck off to the County of
Brazos, Texas pursuant to TEX. PROP §34.01(c); and
THEREFORE, BE IT HEREBY RESOLVED by Brazos County, Texas that the County Judge
is hereby authorized to convey Lot 10, Block 1, Sweet Briar Addition to Samuel Galls, being that
property more particularly described in Vol. 466, Page 80 and Volume 4683, Page 111 of the
Official Records, Brazos County, Texas for the sum of SEVENTY-FIVE THOUSAND AND
NO HUNDREDTHS DOLLARS ($75,000.00) or greater payable to the County of Brazos for
distribution as provided by law.
PASSED, APPROVED AND ADOPTED this 15'" day of October, 2002.
•
Alvin . Jon/ un e
Tony ] , Co loner, Precinct 1
gy2z-
Min. S. Thornton, ommissioner, Precinct 2
0
MCCREARY, VEsELSA, BRAGG & ALLEN, P.C.
ATTORNEYS AT LAW
P.O. BOX 26990
AUSTIN, TEXAS 78755-0990
September 19, 2002
Honorable Al Jones, County Judge
Brazos County Commissioner's Court
114 Courthouse
300 E. 26th Street
Bryan, Texas 77803
Re: Cause No. 46,763-361
Property bid in to County of Brazos, Texas;
Lot 10, Block 1, Sweet Briar Addition to the City of College Station, Brazos County,
Texas being that property more particularly described in Vol. 466, Page 80 and Volume
4683, Page 111 of the Official Records, Brazos County, Texas
Dear Judge Jones,
At the tax sale held on May 7, 2002, the County of Brazos took title to the above referenced property.
At a public auction on September 3, 2002, Samuel Galls bid $75,000.00 to purchase the property.
Several interested persons attended this offering but no one else would offer a bid.
Pursuant to the authority granted by TEX. PROP. TAX CODE §34.05(i), the taxing units may sell this
property for less than the judgment amount or market value at the time of judgment. The current
assessed value is $198,700.00. A recent inspection of the property shows it to be in need of extensive
repairs and maintenance.
Distribution of the proceeds will be as follows:
Publication Fees
Total Costs
$101.00
$101.00
The balance to be applied to taxes is $74,899. 00, which is a recovery of 48.97 This results in the
following amounts for each taxing unit:
Brazos County
City of College Station
College Station ISD
Total Disbursement
$13,016.39
$13,281.38
$48,601.23
$74,899.00
Please approve the enclosed Resolution, which will authorize this sale or a subsequent public sale for at
least this amount. As soon as each entity approves the sale, I will circulate a deed for the presiding
officers to execute. Please contact me if you need further information.
Yours very truly,
d~~%Glf'~J
Shelburne . Veselka
SJV/dmf
Enclosures: Copy of Proposed Deed, Resolution
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• TAX RESALE DEED
GRANTOR: Brazos County
GRANTOR'S MAILING ADDRESS: 300 E. William J. Bryan Pkwy., Bryan, Texas 77803
GRANDE: Samuel Galls
GRANTEE'S MAILING ADDRESS: 528 Helena Street, Bryan, Texas 77801
CONSIDERATION: SEVENTY--FIVE THOUSAND AND 001100'S DOLLARS ($75,000.00)
PROPERTY: Lot 10, Block 1, Sweet Briar Addition to the City of College Station, Brazos County, Texas
being that property more particularly described in Vol. 466, Page 80 and Volume 4683,' Page 111 of the
Official Records, Brazos County, Texas
TAX FORECLOSURE LAWSUIT: Cause No. 46,763-361 County of Brazos et al v. Karl L. Dahlstrom
GRANTOR, for and in consideration of the amount set out above, and subject to the reservations from
and exceptions to conveyance, and other good and valuable consideration paid by the GRANTEE, 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 the GRANTEE all of the
right, title and interest, of GRANTOR in the PROPERTY acquired by the tax foreclosure We held under
the TAX FORECLOSURE LAWSUIT referenced above.
is TO HAVE AND TO HOLD all of its right, title and interest in and to the PROPERTY unto the said
GRANTEE, the GRANTEE'S successors and assigns forever without warranty of any kind, so that
neither the GRANTOR, nor any person claiming under it and them, shall at any time hereafter have,
claim or demand any right or title to the PROPERTY, premises or appurtenances, or any part thereof.
GRANTOR excludes and excepts 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 Tax Code or its successor.
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 GRANTEE may
conduct thereon, compliance by the PROPERTY with any laws, rules, ordinances or regulations of any
applicable governmental authority or habitability, merchantability or fitness for a particular purpose, and
specifically, GRANTOR does 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.
The PROPERTY is hereby sold, transferred, and assigned to GRANTEE "as is" and 'with all faults".
C7
This conveyance is expressly made subject to property taxes for the tax year 2002 and subsequent
years.
This conveyance is expressly subject to any existing right or redemption remaining to the former
owner of the PROPERTY under the provisions of law.
This conveyance is expressly subject to all easements and restrictions of record.
When the context requires, singular nouns and pronouns include the plural.
IN TESTIMONY WHEREOF the GRANTOR, pursuant to Section 34.05 of the Texas Property Tax
Code, has caused these presents to be executed on the date set forth in the acknowledgement attached
hereto, to be effective as of DATE.
^Page 1 of 3 DRAB
E
County of Brazos
By
County Judge
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Before me, the undersigned authority on this day personally appeared Al Jones, County Judge of
County of Brazos, known to me to be the person whose name is subscribed to the foregoing document
and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
, A.D., 2002.
Notary Public, State of Texas
My commission expires
City of College Station
By
Mayor
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
Before me, the undersigned authority on this day personally appeared Ron Silvia, Mayor of City of
College Station, known to me to be the person whose name is subscribed to the foregoing document and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
, A.D., 2002.
Notary Public, State of Texas
My commission expires
Page 2 of 3
•
College Station Independent School
District
By
President, Board of Trustees
THE STATE OF TEXAS
COUNTY OF BRAZOS
Before me, the undersigned authority on this day personally appeared Susan Lowy, President, Board
of Trustees, College Station Independent School District, known to me to be the person whose name is
subscribed to the foregoing document and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
• GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
A.D., 2002.
Notary Public, State of Texas
My commission expires
r~
After Recording, Return to:
Samuel Galls
528 Helena Street
Bryan, Texas 77801
Page 3 of 3
Q-0 0
0
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This contract made this the 15th day of October 2002, by and between TEXAS VOTING SYSTEMS, INC., a
Texas Corporation, and the COUNTY OF BRAZOS, State of Texas.
W1T'NESSETH:
Whereas, Texas Voting Systems, Inc. is the business of selling election services: and
Whereas, the BRAZOS COUNTY is desirous of employing the services of Texas Voting Systems, Inc. in connection
with the BRAZOS COUNTY GENERAL ELECTION, and SPECIAL ELECTION, for the creation of the Brazos Valley
Groundwater Conservation District to be held on November 5, 2002 in Brazos County, Texas;
Now, Therefore, in consideration ofthe premises and mutual promises and obligations herein set forth, it is agreed that:
TEXAS VOTING SYSTEMS, INC. will provide the following supplies:
(a) 65,000 numbered and printed Official Ballot Cards.
(b) All required hinged ballot pages and punched masks. (Eighteen ballot groups)
(c) 3,000 sample ballots.
(d) Fifty-five custom gathered election sets to include the early voting canvassing board set and
one central counting set.
(e) All required seals for the voting equipment.
(t) Custom ballot layout fat each voting precinct for checking correct ballot pages.
(g) Precinct polling place supplies (pens - tape - extra stylus) as required
(h) Polyurcthane mail out backers as required.
(1) 1500 Early Vote mail-out official ballot labels as required for the eighteen (18) plus ballot layouts.
TEXAS VOTING SYSTEMS, INC. will provide the following services:
(a) Assemble four hundred fifty (400) voting devices (more if required), and check each unit.
(b) Check each unit for proper ballot pages, label each unit by precinct and stack units by precinct (and
Commissioner Precinct) for delivery by the County.
(c) Deliver voting devices to the five Early Voting locations and pick up the equipment at the close of the early
voting period. New ballot labels will be inserted, labeled, and stacked for delivery on Monday, November 4, 2002.
(d) Provide complete ballot layout and design.
(e) Conduct one (1) class for early voting election judges and clerks.
(f) Conduct one (1) class for election judges and clerks on election procedures.
(g) Conduct one (1) class for all central counting personnel if required.
(h) Assist with Early Voting as required.
(i) Assist with assembling all supplies for use in the individual precincts.
0) Assist in the preparation of the computer test deck and holding of the Official Test of the vote count computer.
(k) Assistance on election day, as required, to include the central counting station.
(1) Provide any consulting services before and after the above mentioned election.
(n) Provide repair crews for voting device repair in the individual precincts on election day.
(n) All required EDP programing for above mentioned election.
•
III
The COUNTY OF BRAZOS, State of Texas, will be responsible for, and hereby assumes the following duties and
obligations in regard to the BRAZOS COUNTY GENERAL EI I?ON, SPECIAL ELECTION for the creation of the Brazos
Valley Groundwater Conservation District to be held on November 5, 2W-.:
(a) Payment of all invoices, Election Judges, Alternate Judges, and Clerks of Election, to include the central
counting station.
(b) Furnish Texas Voting Systems, Inc. a complete list of all issues to be conducted in the above mentioned
elections.
(c) All reports, expense accounts, canvass of the election, conduct of the election at the individual Polling Places,
and any other statutory requirements as required by the Texas Election Code and/or the Federal Voting Rights
Act.
(d) Deliver and pick-up voting devices to the county voting precincts.
IV
The consideration to be paid by the BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for the services and
• supplies to be rendered by said corporation in the BRAZOS COUNTY GENERAL ELECTION, and SPECIAL ELECTION
for the creation of the Brazos Valley Groundwater Conservation District t0 be held on November 5, 2002 is TWENTY NINE
THOUSAND FIFTY DOLLARS AND NO CENTS ($29,050.00).
IN WITNESS WHEREOF, the parties have hereunto set their hands, this 15th day of October, 2002.
COUNTY OF BRAZOS
Alvin VFones
County Judge
TEXAS VOTING SYSTEMS, INC.
Hilhe D. Suns
Vice President
ATTEST:
McQueen
County Clerk
•
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CAROLE KEETON RYLANDER
Comptroller
COMPTROLLER OF PUBLIC ACCOUNTS
STATE OF TEXAS
AUSTIN, TEXAS 78774-0100
Brazos COUNTY LATERAL ROAD ACCOUNT
(NAME)
NAME OF ROAD
(O)
N
PRECINCT
R.O.W.
EQUIPMENT
ENGINEERING
SUPERVISION
LABOR
MATERIAL
OIL AND
GAS
MISC.
GRAND
TOTAL
TOTAL
Unexpended Balance September 1, 2001
S
3 4 , 7 2 6 . 0 2
New lateral road miles added since previous fiscal year 0
Additional Funds Received in FY 2002
S
24,984.30
I hereby certify that the above report is a true statement of the
Total to be Accounted for
g
60,786.96
expenditures from the Lateral Road account for the fiscal year
September 1, 2001 to August 31, 2002.
Less Amount Expended
$
0.00
Balance in Lateral Road Accounts August 31, 2002
S
6 0 , 7 8 6. 9 6
,
(O) - Old Road
County udge
(N) - New Road
Far assistance please contact Dolores Fojtasek by e-mail at
dolores.fojinsek@cpa.state.tx.us, by phone at 1-500-531-5441 extension 34724,
or by fax at 512 475-0527
• .
■
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:orcement Poatomated Database Search
AGENCY AGREEMENT
This LEADSONLINE, INC. AGENCY AGREEMENT ("Agreement"), dated, October 1,
2002, is made between Brazos County Sheriff Department ("Principal") and leadsonline, Inc.
("Provider").
Scope of Agreement
Provider operates and maintains at its web site a confidential database accessible
electronically exclusively by Law Enforcement Agencies for the sole purpose of identifying stolen
merchandise and persons suspected of property crimes.
Principal desires to utilize the electronic database at Provider's web site.
Subject to the terms of this Agreement and in consideration of the mutual covenants stated
below, the parties agree as follows:
L
Definitions
1.1 "Authorized Officials" means duly authorized law enforcement personnel of Principal.
1.2 "Data" includes the ticket number, item number, make, model, property description and
serial number of merchandise sold to a Participant or used as loan collateral by a Participant,
as well as the name and address of any customer(s) involved in the aforementioned
transactions.
401.3 "Law Enforcement Agency" means any municipal, county, state or federal government
staffed and operated agency whose primary purpose is criminal investigation and/or law
enforcement, as contemplated by the Gramm-Leach-Bliley Act of 1999 (15 U.S.C. § 6801,
et seq., and 15 U.S.C. § 6821, et seq.) (the "GLBA"). "Law Enforcement Agencies"
means two or more of such agencies.
1.4 "On Hold Status" means, with respect to property purchased by a Participant or used by a
Participant as loan collateral, that such property may not be sold, returned to the seller or
borrower or otherwise disposed of by the Participant until released-to the Participant.
1.5 "Participant" means any person or entity that purchases preowned personal property
and/or uses personal property as loan collateral and furnishes Data relative thereto to
Provider for inclusion at Provider's web site.
Page 1 of 8
16990 North Dallas RukNW 9.&230 Dalla$ IC75248 wwwJeadsx1mus t(972)361-0900 f (972) 361-0901
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" Enforcement Automated Database Search
H.
Appointment
2.1 Subject to the terms of this Agreement, Principal hereby appoints Provider as its agent, as
such term is utilized in the GLBA, for the sole purpose of collecting, maintaining and
disseminating Data from Participants.
III.
Agreements and Responsibilities of Principal
3.1 Principal agrees that Principal's use of the Data displayed at Provider's web site will be for
the sole purpose of identifying stolen merchandise and/or persons suspected of property
crimes.
3.2 Principal agrees not to divulge Data or information obtained through Principal's access to
Provider's web site to anyone other than Authorized Officials and persons entitled to receive
the Data or information pursuant to statute, rule or regulation, including specifically the
GLBA.
3.3 Principal agrees that passwords provided by Provider to Principal enabling Principal to
utilize Provider's web site will be made ]mown only to Authorized Officials of Principal and
that only those Authorized Officials will be permitted to use the passwords or otherwise
access the electronic database at Provider's web site.
3.4 Principal agrees not to use the Data or information displayed at Provider's web site for any
unlawful purpose, or in any manner, which may create liability for Provider or Participants.
Principal agrees its use of the Data or information contained at Provider's web site will not
be other than as permitted by law or the rights duly granted to Principal in carrying out
Principal's official duties.
3.5 Principal may place property displayed at Provider's web site into On Hold Status only
upon the following conditions:
a. Principal must suspect said property of being involved in a property crime in a pending
theft case.
b. Said property must be located in a Participant's store within Principal's legal jurisdiction.
When property is located outside of Principal's jurisdiction, Principal must request an
appropriate Law Enforcement Agency for that particular jurisdiction, who has also
Page 2 of 8
16990 North Dallas Parkway SA9230 Dallas 1X75248 wwwJeadsoriirnus t(972)361-0900 f (972) 3610901
x
Automated Database Search
appointed Provider as its agent, to place the property into On Hold Status in Provider's
database.
c. Principal must use the On Hold Status form found at Provider's web site to immediately
notify a Participant within Principal's jurisdiction when property in the possession of the
Participant is placed in On Hold Status. Principal must entirely complete the On Hold
Status form including, but not limited to, providing a specific case number, the name of
Principal and the Authorized Official completing the form.
• d. Unless otherwise provided by State or Local Law, property may be placed into On Hold
Status for a maximum of 60 days, or less if a final disposition of the case (favorable to
the involved Participant) has been made, after which the property will be automatically
released to the Participant. Property may remain in On Hold Status for an additional 30
days if there has not been a final disposition of Principal's case within the initial 60-day
period and if Principal notifies Participant of the extension within the initial 60-day
period. After the expiration of the 30-day extension period, the property will be
automatically released to the Participant unless final disposition of the Principal's case
within the 30-day extension period requires the Participant to turn over the property to
Principal.
3.6 Principal agrees to submit accurate information, including but not limited to valid Principal
case numbers for specific items and/or suspects as well as the identity of the Authorized
Official, in conducting any search or use of Provider's web site.
3.7 Principal agrees it has no ownership rights to any password or user name that may be
utilized by Principal pursuant to this Agreement. For security purposes, Principal agrees to
change its password(s) every 90 days.
• 3.8 Principal is responsible for insuring that Principal's hardware can connect to Provider's file
transfer protocol (FTP) and sequel (SQL) servers via the Internet. Provider is not responsible
for connectivity problems due to Principal's security measures ("firewalls"). Should on-site
technical service for connectivity problems be required, it will be provided by Provider
subject to payment by Principal at the rate of seventy-five and 00/100 ($75.00) per hour,
plus agreed upon travel, lodging and miscellaneous expenses.
N.
Agreements and Responsibilities of Provide
4.1 Provider agrees to operate and maintain an electronic database at its web site for the
purpose of receiving and disseminating Data from Participants for the sole use of Law
Enforcement Agencies.
Page 3 of 8
16990NarIhDaIIasFhrMW 9uf6a230 OaIIa$7X75248 wwwleadwriimus^Q~t(972)361-0900 f(972)361-0901
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4.2 Provider agrees to implement commercially reasonable efforts to maintain Principal's access
to Provider's web site through Provider's server. However, from time to time, maintenance
will be required to be performed, as well as developments and modifications to Provider's
web site and on Provider's server, but in no event shall Provider's own activities result in
Principal's inability to access Provider's web site for more than 7 consecutive days.
Principal acknowledges that Provider has no responsibility for the service or operation of the
Internet, and that Provider makes no representations in this regard. Internet service is
subject to limitations caused by local landlines, atmospheric or technical conditions and may
be temporarily unavailable, limited, interrupted or curtailed
4.3 Provider agrees to facilitate Principal's access to the Data by passwords and user names
selected by Principal (within reasonable parameters established by Provider), allowing
Principal to search and retrieve Data for the sole purpose of identifying stolen merchandise
and persons suspected of property crimes.
4.4 Provider agrees to provide a detailed monthly report of Principal's use of Provider's web
site, which includes the number of searches, property searched, names of suspects
searched, along with Principal's case numbers associated with those searches.
V.
Conditions for Principal's Access and Use of Provider's Web Site
5.1 By entering into this Agreement, Principal represents it is a Law Enforcement Agency as
that term is defined in Section L Principal's appointment of Provider as agent is made in
order to obtain information of a financial institution in connection with the performance of
the official duties of Principal, as is contemplated by the GLBA.
5.2 Principal may search Provider's electronic database using a variety of searches, including by
type, make, model and serial number of the merchandise, as well as a date search. Principal n
may also conduct a search by suspect name or identification. However, all of the
aforementioned searches must be accompanied by a number, which specifically associates a
particular suspect or an item of property with a particular theft case.
53 Provider may modify or upgrade any aspect(s) of Provider's web site at any time with notice
to Principal.
5.4 Because the Data is being provided by Participants, Provider cannot and does not represent
or endorse the accuracy or reliability of the Data or information displayed or distributed
through Provider's web site. Principal acknowledges that any reliance by Principal or any
Law Enforcement Agency upon any Data or other information displayed or distributed
Page 4 of 8
16990 North Dallas PaalaaaySJW230 Dallas;IX75248 _www.leadsA,i•n t(972)361.0900 f(972)361-0901
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through Provider's web site shall be at Principal's sole risk. Upon notice by Participants or
Law Enforcement Agencies, Provider reserves the right, in its sole discretion, to correct any
errors or omissions in the Data contained in any portion of Provider's web site.
•
•
5.5 Provider reserves the right at all times to disclose any information as necessary to satisfy any
law, regulation, or government request, or to edit, refuse to post or to remove any Data or
information, in whole or in part, that in Provider's sole discretion is deemed to be in
violation of local, state and/or federal law.
VI.
Term
6.1 The initial term of the contract will be twelve (12) months. In accordance with Addendum
"A" attached to this Agreement, Provider will invoice Principal for the initial contract term
in the amount specified on Addendum "A". Principal will pay this amount within 30 days of
the invoice date. Principal at any time may increase the number of licensed users by
submitting a new Addendum "A" with the revised numbers. Provider will invoice Principal
for the remaining contract term in accordance with the new Addendum "A".
6.2 This Agreement will become effective as of the date first set forth above and remain in
effect for one year or until cancellation or termination by Provider or Principal as described
below.
6.3 This Agreement will be automatically renewed for successive additional one-year terms
unless Principal provides Provider written notice of cancellation at least (30) days prior to
the expiration of the initial term or any renewal term thereafter. In the event of renewal,
Principal agrees to pay Provider an annual maintenance and support fee for the renewal
period within 30 days of invoice. Provider reserves the right to increase the annual
maintenance and support fee for the current number of registered users by no more than 20%
upon each annual renewal.
6.4 Provider may terminate this Agreement for convenience by providing (30) days written
notice. In the event of termination, Provider must remit to Principal on a pro-rated basis
that portion of the annual maintenance and support fee paid by Principal from the date
Provider terminates this Agreement for convenience until the end of the applicable one-
year term. Principal may terminate this Agreement for convenience by providing (30)
days written notice, provided such termination shall not relieve Principal of its payment
obligations to Provider hereunder or entitle Principal to any refund of a prepaid annual
maintenance and support fee.
Page 5 of 8
16990 NorthDa6asFbemW SA9230 DallaS'0C75248 vmwJeadsodimus t(972)361-0900 f(972)361-0901
6.5 Provider may immediately and without, notice, terminate this Agreement for cause, at
Provider's sole option, if Principal: (a) fails to pay any annual maintenance and support
fee owed to Provider under this Agreement; (b) fails to perform in accordance with its
responsibilities contained in Section III of this Agreement; (c) fails to perform any other
obligation required of Principal under this Agreement; or (d) violates any laws, rules or
regulations. If termination occurs, Provider shall be entitled to receive from Principal all
amounts and charges owed under this Agreement, in addition to all other legal and
equitable remedies then and there available under Texas law.
6.6 Principal may immediately and without notice, terminate this Agreement, at Principal's sole
option, if Provider: (a) fails to perform in accordance with its responsibilities to Principal
contained in Section IV of this Agreement; (b) fails to perform any other obligation required
of Provider under this Agreement; or (c) violates any laws, rules or regulations. If
termination occurs, as Principal's sole and exclusive remedy, Provider shall remit to
Principal on a pro-rated basis that portion of the annual subscription fee paid by Principal
from the date Provider commits any breach described above until the end of the applicable
one year term.
VII.
Disclaimer of Warranties and Limitation of Liability
7.1 PROVIDER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS,
CONDITIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE
OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE
QUALITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO PROVIDER'S WEB SITE AND PROVIDER'S
SERVICES TO BE ACCESSED, USED OR DELIVERED PURSUANT TO THIS
AGREEMENT. PROVIDER'S WEB SITE, INCLUDING ALL DATA, CONTENT,
SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE
AVAILABLE ON OR ACCESSED THROUGH PROVIDER'S WEB SITE IS
PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND. PROVIDER DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN PROVIDER'S WEB SITE OR ANY DATA, MATERIALS OR
CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROVIDER'S
WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF
Page 6 of 8
18990NoMDaIIasRvk&W &&230 Dallas,IC75248 wwwJeadsodkrus t(972)361-0900 f(972)361-0901
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VIRUSES OR OTHER HARMFUL COMPONENTS. PROVIDER SHALL NOT BE
LIABLE IN ANY MANNER OR IN ANY RESPECT FOR THE USE OF
PROVIDER'S WEB SITE BY PRINCIPAL, INCLUDING, WITHOUT
LIMITATION, FOR THE ABSENCE OR PRESENCE OF DATA OR CONTENT OR
ANY ERRORS CONTAINED THEREIN.
VIIL
Indemnification
8.1 Principal covenants and agrees to fully indemnify, defend, and save/hold harmless Provider
and its employees, officers, directors, shareholders, contractors and agents, against any and
all losses, claims, demands, actions, and all liabilities (whether arising under contract, tort or
otherwise), damages, or expenses (including but not limited to court costs, expert witness
fees, and reasonable attorney's fees), experienced by Provider or brought against Provider by
any third party, including but not limited to Participants and customers of Participants,
arising out of or related to Principal's use of Provider's web site, including, without
limitation, (1) incorrect identification of persons or property suspected in property crimes; or
(2) failure to release to Participant(s) property placed into On Hold Status in violation of
Section 3.5(d).
IX.
Copyright
•
9.1 Provider's web site is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws. The contents of Provider's web site are only for the
purpose described herein. All materials contained on Provider's web site are protected by
copyright, and are owned or controlled by Provider or the party credited as the provider of
the content. Principal will abide by any additional copyright notices, information, or
restrictions contained in any content on Provider's web site.
X.
Miscellaneous
10.1 Provider may assign or delegate all or part of Provider's rights or duties under this
Agreement without notice to Principal, but Principal may not make any assignment of this
Agreement without Provider's prior written consent, which will not be unreasonably
withheld.
10.2 If any provision of this Agreement is held to be unenforceable, in whole or in part, such
holding will not affect the validity of the other provisions of this Agreement, unless Provider
Page 7 of 8
16990 North Dallas Padway Wis 230 Dallas 1X75248 www.leadsAinaus t (972) 361-0900 f(972)361-0901
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deems the unenforceable provision to be essential to this Agreement, in which case Provider
may terminate this Agreement, effective immediately upon notice to Principal.
10.3 Neither party will be liable for any failure or delay in performing an obligation under this
Agreement that is due to causes beyond its reasonable control, such as natural catastrophes,
governmental acts or omissions, laws or regulations, labor strikes or difficulties,
transportation stoppages or slow-downs.
10.4 This Agreement shall be governed by and construed in accordance with the laws of the State
of Texas, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for
any action or proceeding arising out of or related to this Agreement shall be in an
appropriate state or federal court located in the State of Texas.
10.5 This Agreement constitutes the entire agreement between the parties, and shall supersede all
prior agreements and understandings, if any, between the parties respecting the subject
matter hereof.
Provider
LEADSONLINE, INC.
By: guo-6-
Principal
BRAZOS COUNTY SHERIFF DEPT.
By:
Title:-
Address: 16990 N. Dallas Pwky. Suite 230
Dallas, Texas 75248
Federal Tax I.D. # 75-2903686
L'UgMtWriclapawn\,gena UOO(lagencyagr.doc
Title: CnuATY TuetE
Address: 300 East 26th St. #10%
Bryan, TX 77802
Federal Tax I.D. # qq- U COO 43 3
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16990 North DaltasParlaW Site 230 Dallas, lX75248 vmMeadwrilrem t(972)361-0900 f(972)36i-0901
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INITIAL
ANNUAL
TOTAL
INVESTIGATORS
SETUPFEE
AMOUNT
DUE
--461-5)
x
$100perInvestigator
+
$600 =
$ 00. r v
(6-10)
x
$ 1 00perlnvestigator
+
$1,200 -
$
(11-15)
x
$ 1 00perlnvestigator
+
$1,800 =
$
(16-20)
x
$ 1 00perlnvestigator
+
$2,400
$
(21-25)
x
$ 1 00perlnvestigator
+
$3,000 =
$
(26-30)
x
$ 1 00perlnvestigator
+
$3,600
$
(31-40)
x
$100perlnvestigator
+
$4,800 =
$
(41-50)
x
$ 1 00perInvestigator
+
$6,000 =
$
(51-60)
x
$100perInvestigator
+
$7,200 =
$
(61-70)
x
$ 1 00perInvestigator
+
$8,400 =
$
(71-80)
x
$ 1 00perlnvestigator
+
$9,600
$
(81-90)
x
$100perInvestigator
+
$10,800 =
$
(91-100)
x
$100perInvestigator
+
$12,000 =
$
(101-110)
x
$ 1 00perInvestigator
+
$13,200
$
(111-120)
x
$ 1 00perlnvestigator
+
$14,400 =
$
(121-130)
x
$100perlnvestigator
+
$15,600 =
$
(131-140)
x
$ 1 00perInvestigator
+
$16,800 =
$
(141-150)
x
$ 1 00perlnvestigator
+
$18,000 -
$
(151-160)
x
$ 1 00perlnvestigator
+
$19,200 =
$
(161-170)
x
$ 1 00perlnvestigator
+
$20,400 =
$
(171-180)
x
$ 1 00perlnvestigator
+
$21,600 =
S
(181-190)
x
$ 1 00perlnvestigator
+
$22,800 -
$
(191-200)
x
$ 1 00perlnvestigator
+
$24,000 =
$
(Other)
x
$100perlnvestigator
+
$ _
$
33
Patelo fl
16990 North DallasParlway 91te 230 DallaA (X75248 wwalwdaoriimus t(972)36i-0900 t (972) 361-0901
0200 0-2002 Leadsonlinelnc.A 11 rightsr eserved.
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Provider:By: Date: reaerarlaxi.>u.ff:-la-Ayusoao
MEMO
TO: Pat Howard, Purchasing Agent
FROM: Brazos County Commissioner's Court
RE: Exemption From Competitive Bidding
Please be advised that on this 15th day of October. 2002, at a regular session of the
Commissioners' Court at which the following members were present:
Alvin W. Jones, County Judge
Tony Jones, Commissioner Pct
Bill Thornton, Commissioner, ]
C.B. Jones, Commissioner, Pct. 3
Carey Cauley, Jr., Commissioner, Pct. 4
i
The Commissioners' Court has determined that there is a need to exempt the
vendor(s) listed below from the competitive bidding requirement for fiscal year
2002-2003 as follows:
COMPANY: WASTE SYSTEMS EQUIPMENT, INC.
PRODUCT/SERVICE: PROFESSIONAL SERVICES - SOLE SOURCE
STATUTE: 262.024(a)(7)
13
VIA-tI-UU rat a•au ttac ICAAJ. AIT
Copy Management Program
AGREEMENT
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Customer (Location)
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Agreement Number
N° 368608
Customer (Billing address, It different)
Full lqz♦ Na- (Phew piiQ
Ad*sim
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tmntRv bVStem DAseriodore Maka_ IAerkd A iRartal Nlrnhm r%-Afu c.. r.... rw .r.ar ail-" RA-1_~ . e.___.
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Minimum Term (mos.)
Cost Per Copy
9`A
$
Guaranteed Minimum
Monthly Copies
zq
C='
Cost of Additional Copies
0c53
$
'
-
Minlmurn Monthly Payment
(without tax)
Documentation Fee
$ N A,
dude
4ldtrded in Atfvanoo Payment
Advance Payment (with tax)
$ 0.00
first other
Meter Reading/Billing
For Additional Copies
M
Bats Tax Exempt U Yes (Attach Exemption Certificate) Customer Purchase Order Number (Attach Copy of Purchase Order)
"razed By! TI13 PERSON AUTHORIZING
THIS AGREEMENT ON BEHALF OF THE CUSTOMER
(all indicated above) SPECOCALLY REPRESENTS THEY
HAVE THE AUTHORITY TO DO SO.
r Ors
~ItrtN ~'w+tS ,
Arttwdwd trVwft t4Mcd Nara 7a4
We
Guaranty: I guarantee teat the caw rttu Wilt make all not payments and pay all ocher
charges teyuipred u udcr the agtoaneot wh= dcy are due, rod tW d=Customer WM pafotm
an other obrigetions under the agreement fully and pranpdy. I am sgree our IOS Capital
coal oat notify sac of any default under the Apeawnt aa4 is the ereot of default. I will
pay all amounts due under the tesms of the Agreement In add'uloo, I will rebmbune IOS
Capital for say cosu of attorney feet i*CUared la eafordag their rights.
Gil,
X
An k 6,i" pro Tift)
Printed Name of Guarantor
Hoaw Address
city/State
Home Phone
Social Security Number
Copy Management Program Agreement: The Customer agrees to use from IKON Office Solutions the System listed above.
THIS AGREEMENT IS NON-CANCELABLE. The Customer agrees to all of the terms and conditions Contained in this
Agreement.' The Customeragrees this Agreement is for the minimum usage term indicated above. The Customer also agrees
that the System will be used for business only, and not for personal, family or household purposes. IOS CapilgFe acceptance
of this Agreement is indicated by an IOS Capital manager's signature below.
bll1K0 Of BOO Solutions, Inc.
By anti)
oa»
A=mpted to htAeon. Goornla NOV 2 X41999
nos Caphal
nos txwm marrow pro
Rev V" " *fMf~MAW - see twdta am 6W.55 1M on nwrw We of *is dmatwi
DeRnery and Acceptance
Customer certifies that all the System described above has been dolvorod
to and is accepted by Customer. Arstomeradt wAodges that such bystem
is in good condition and Is perkmnh q W§Iaciprgy.
eta orner
_c
rdto
cmo
UAL-cr-uu "I a•JU Ate IrAAJ. Ale rAA RV. 1103I1,10 2. Owrtership of System: We are the sole owner and title holder to the Equipment. YOU HAVE NO RIGHT TO SELL. TRANSFER. ENC%,..,BEFt,
SUBLET OR ASSIGN THE EQUIPMENT OR THIS LEASE WITHOUT OUR PRIOR WRITTEN CONSENT.
a. • Copy Charges/Maters: in retum for minimum monthly payment, Customer is entitled to use the guaranteed minimum number of copies each
month. If Customer uses more than the guaranteed minimum number of copies In any month. Customer will additionally pay a charge equal to
0na number of additional metered copies times the additional copy rate. If IOS Capital determines 0tet Customer has used 16% more luppiles
than normal for copies, Customer agrees to pay customary charges for all excess supplies. The motor reading frequency is the period of time
(monthly, Fill, riy, semi-annually, or annually) for which the number of copies used will be reconciled The meter reading frequency and
oorrespdditfonal charge, it any. may be different than the minimum payment frequency. Customer will provide dealer with the actual
meter M request. If such meter reading Is not received within 7 days. IKON Office may estimate Ile number of copies useo
Adjustme timaled~harges for additional copies will be made upon receipt of actual motor readings. Notwithstanding any adjustment.
Customer will noygtpay loss thaq Me Minimum Monthly Copy Charge.
4. Taxing and Filing Costs: Iri~additlon to lease payments, you agree to pay all taxes, lees. and filing costs related to the possession and use
of the Equipment during the lease term Ii we are required to file and pay property tax, you agree to reimburse us. We will bill you the property
tax as soon as an Invotoe is received from the local jurisdiction. At our requost. you agree to file and pay taxes directly to the taxing jurisdiction
or pay to us taxes In advance of the time that Vie taxes are due to the taxing authority based on our reasonable estimates of the tax.
ti. UCC Filing: You authorize us or our designee to sign, on your behalf, any documents in Connection with the Uniform Commercial Code filing
and to insert the serial number(s) of the Equipment in this Lease (including any schedule) and In any filings. At out request, you will sign and
provide such documents for fling purposes.
S. Warranties: Since we are a leasing company and neither the manufacturer of distributor of the Equipment. WE MAKE NO WARRANTIES,
EXPRESS, OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR FOR A PARTICULAR PURPOSE.
7. Maintenance and Care of Our Equipment and Agency: You agree to install Of required), use and maintain the Equipment in accordance with
manufaetureW or IKON's specifications and to use only those supplies which meet such specifications. If you have contracted lot maintenance
arid support activities ragarding the Equipment. IKON is responsible for all those services. IKON and JOS Capital are not agents for each other.
8. Liability, Insurance and Indemnity: Because you have possession and control of this Equipment you are fully responsible for damage. injury
or loss caused by or to the Equipment or property resulting from any misuse, accident, or other casualty. You agree to maintain insurance to
cover the Equipment for your and our bcnofrt and you agree to indemnity us. We will be responsible for damage or injury to third persons when
the damage or injury Is caused exclusively by our negligent sets or omissions. We should be named additional insured and loss payee on your
Insurance policy. If you fail to provida evidence of Insurance. you authorize us to obtain coverage on your behalf and you agree to pay for this
coverage. In the event of loss or damage to the Equipment, you agree to remain responsible for the payment obligations under this Lease until
the payment obligations era fully satisfied.
& Renewal and Return of Equipment: After the minimum farm or any extension, this Lease will renew on a month-to-month basis union you
notify us In writing at least 30 days prior to the expiration of the minimum term or extension. You must pay any additional tease payments due
until the Equipment Is returned by you and Is received in good condition and working order by us or our designees. IKON will bear shipping
charges so long as replacement equipment is selected from IKON.
10. Lease Payments: Payments will begin on the agreement date or delivery data, whichever is later. You agree to pay us each lease payment
when it is due, and If any payment is more than 10 days late, you agree to pay a late charge of 5% or $S (whichever is greater but not to exeeex
the maximum amount allowed by applicable law) on the overdue amount. You also agree to pay $25 for each check returned for insufficient funds
or any other reason. You agree to pay a one time documentation tee it 11 appears on the front of this agreement.
11. Location of Equipment: You will keep the Equipment at the customer location specified in the Lease_ You must obtain our written permission.
which will not be unreasonably withheld, to move the Equipment. With reasonable notice, you will allow us or our designee to conduct, inspections
of the Equipment. _
12. Default: If you do not pay any amount when it is due, or you breach any other term of this Lease• you are in default- If you default, we have
the right to exercise any and all legal remedies available to us by applicable laws, including Article 2A of the Uniform Commercial Code. You
acknowlodgo this is a Finance Lease as donned In Article 2A and you waive any and all rights and remedies you have thereunder. In add6on,
we are entitled to all past due payments and we may accelerate and require you to inunediately pay us the future payments due ur0er the Lease
present valued at the discount rate of 6% to the date of default plus the residual value placed on the Equipment by us. We may repossess the
Equipment and pursue you for any deficiency balance after we dispose o( ft Equipment, all to the extent permitted by law. You wake the rights
you may have to notice before we seize any of the Equipment. You agree that all rights and remedies are cumulative and nol excItuslve- You
promise to pay reasonable attorney fees and any cost associated with any action to enforce the Lease. This action wig not avoid your
responsibility to maintain and care for the Equipment nor will ICON be liable lot any action taken on our behalf. Default shall include your
becoming insolvent, your assignment of assets for the benofrt of creditors. your filing for bankruptcy protection or the failure of the guarantor
to honor Its commilments.
13. Business Agreement and Choice cif Law: YOU AGREE THAT THIS AGREEMENT WILL BE GOVERNED UNDER THE APPLICABLE LAW
OF THE STATE OF GEORGIA. YOU ALSO AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS OF GEORGIA, OR AT OUR
OPTION, THE COURTS OF THE STATE WHERE IKON 13 LOCATED TO RESOLVE ANY ACTION UNDER THIS LEASF. WE BOTH WAIVE
THE RIGHT TO A TRIAL BY JURY IN THE EVENT OF A LAWSUIT.
14. No Waiver or Set OH: You agree that our delay, or failure to exercise any rights, does not prevent us from exercising them at a laterfine. If
any part of this Lease Is found to be invalid, then it shall not Invalidate any of the other parts and the Lease shall be modified to the minimum
extent as pemtitted by law. AN lease payment to us are 'net' and are not subject to set off or reduction wlthoin our consent.
15. Entire Agreement: This Agreement represents the entire agrement (Including addendums referenced on the lace of the Agreement, signed
and attached) between us and you. Neither of us will be bound by arty amendment. waiver, or other change unless agreed to in writing and signed
by both. Any purchase order, or other ordering documents will rot modify or affect this agreement. W have any other legal effectand shallserve
only rho purpose of Identifying the equipment ordered. nt~1I ~er 99~9
Accepl0~ 6yyIC7S CaPrEat, lno:
X` 1 Date
Site IRofile Page 1 of 1
Site Profile
M BRAZOS M AG M SVC
Address: 2619 HIGHWAY 21 W
Central Repro: No
BRYAN, TX 77803
rl~
SIC:
# Employees:
Phone: 409.823.0129
Sales Vol:
Fax:
Outsouroe volume:
Site ID: 77350
Enterprise: BRAZOS COUNTY
Eprise ID: 3340
U
•
Edit Site Enterprise Ship To Business Submit Lead Submit Rep Q
Profile Links Profile Opportuni
+ Contacts
+ To Do
+ History/Notes
+ Outsourcing Management Services
+ Equipment (Records 1- (Page 1 of 1)
10)
Model: CANON
Serial: NLE07836
Equip ID: WZIGY Install: 11/02/99
IMAGERUNNER 600
Upgrade: 11/03/04
Seller: IKON OFFICE
SOLUTIONS
AMV:24,020
Location:
AR
Lessor: IKON OFFICE
SOLUTIONS
O/UR: LEASE
Lease Type: F
Lease Expire: 11/03/04
I
Lease#: 520512-368608
Equip Pmt: $619.00
Keop Name:
Keop Phone: -
F
Serviced by: IKON OFFICE
I
SOLUTIONS
$0.00
Allowance: 240,000
Overage: 0.0093
$
Contract Description: ANNUAL IOSC MAINTENANCE AGREEMENT METERED INCL LABOR, PARTS,
SUPPLIES
I
Note:
' Base includes equipment payment on rentals billed by the respective disW.
QaS
U / /rv
{~}}.1•~J/~T}7 r/tP} lt!AA Arf1IAIl}•JThP}ICt}PTTfl~IP7 S1Cfl7\1rP~ /7~ l~ 1
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0
BID TABULATION 2002.063
ASPHALT, OIL, $ EMULSION PRODUCTS
2002/2003 ANNUAL CONTRACT
1011512002.1011512003
CLEVELAND
2 hours
ASPHALT
07750
155,000.00
0.6146
18,438.00
0.6146
18,438.00
-I WIN 1111
0.5946
118,920.00
0.9192 5,515.20
$40Hhour
GULF STATES
2 HOURS
,
ASPHALT
NB
-
0.6300
18,900.00
0.6300
18,900.00
0.6300
126,000.00
0.8000 4,800.00
$40/Hour
T
KOCH
2 HOURS
MATERIALS
0.8075
161,500.00
NB
-
0.7675
23,025.00
0.7375
147,500.00
0.9675 5,805.00
$40-$501HR
V a"
PERFORMANCE
2 hours
GRADE ASPHALT
0.7450
149,000.00
0.6000
18,000.00
0.6000
18,000.00
WB
-
NIB
$40Hhour '
PRIME
2 HOURS3
MATERIALS
0.8000
160,000.00
0.6400
19,200.00
0.6400
19,200.00
0.6100
122,000.00
0.9000 5.400.00
$401Hour
J
RECOMMENDATION:
AE-PRIME
Primary:
Cleveland Asphalt
Secondary: Prime Materials
CRS-2
Primary-
Cleveland Asphalt
Secondary: Gulf States
SS-1
HFRS-2
Primary:
Primary:
Cleveland Asphalt
Cleveland Asphalt
Secondary: Gulf States
Secondary: Prime Materials
t
m
HFRS-2P
Primary:
Gulf States Asphalt
Secondary: Prime Materials
AWARD DATE: