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14 1 JUL 20 '11 S 00
BRAZOS COUNTY ~c.•1,~
BRYAN. TEXAS
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AGENDA FOR COMMISSIONERS' COURT MEETING - FRIDAY. JULY 31, 1987, 10:00 A.M.
1. Amendment to Depository Contract.
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2. Closed Session to discuss the selection of a County Engineer.
3. Action on Closed Session.
4. Adjourn
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COMMISSIONERS' COURT
REGULAR MEETING
JULY 31, 1987
A special 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 10:00
A.M. on Friday, July 31, 1987, with the following members of the
Court presents
R. J. Holmgreen, County Judge, Presiding;
Bill J. Cooley, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2;
Billy E. Beard, Commissioner of Precinct 3;
Milton Turner, Commissioner of Precinct a;
Frank Boriskie, County Clerk.
The following citizens and officials were in attendance:
Ruth McLeod Administrative Assistant
Carol Snedeker County Judge's Admin. Asst.
Sharon Fairchild Auditor
Rebecca Shults Purchasing
Sandie Walker Treasurer
Ronnie Crocker Bryan/College Station Eagle
Sherylon Cansel WTAW
Alice Brown KBTX-TV
Sal Rios KBTX-TV
Chris Blank Citizen
Bobby Lys Wixon Water
A. Holland Winder Visitor
The first matter to be considered by the Court was to
amend the County Depository Pledge Contract, executed by Brazos
County and the First City National Bank of Bryan on June 3, 1987
and recorded in Volumn 10 page 597 of the Official Bond Records
of Brazos County, Texas. The orginal contract did not include
sufficient pledges to secure the EIGHT MILLION THREE HUNDRED
THOUSAND DOLLARS PLUS ($8,300,000 held in trust by the County
and District Clerks. The amendment would include these Trust
Funds. On motion by Commissioner Beard, seconded by
Commissioner Cooley, the Court voted unanimously to amend the
County Depository Pledge Contract and to authorize the County
Judge to execute the Amendment on behalf of Brazos County. A
full copy of the amendment is attached to and made a part of
these minutes.
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Commissioners' Court meeting July 31, 1987
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The County Judge announced the meeting closed to the
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public at 10:04 a.m. to allow the Court to meet in closed
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executive session to discuss the selection of a County Engineer.
The meeting was re-opened to the public at 10:45 a.m. to
allow the Court to take action on the closed session.
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On motion by Commissioner Turner, seconded by Commissioner
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Beard, the Court voted unanimously to appoint Holland Winder as
the County Engineer. Mr. Winder would officially begin work on
August 15, 1987.
Commissioner Cooley announced that the new landfill site
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would be open soon and suggested that the Court decide at the
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time the move is made about charging fees. Commissioner Cooley
was asked to prepare a schedule of fees to be considered at the
Commissioners' Court meeting to be held on August 10, 1987.
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There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners' Court meeting
held July 9, 1987 have been examined and approved in open Court
this the a1j.4, day of , *%~W , 1987, in Bryan, Brazos County,
Texas.
ABSENT
R. J. Holmgreen B 11 ooley
County Judge Commi sioner, Precinct 1
Walter Wilcox ~illy E. Commissioner, Precinct 2 Commiss r, Precinct 3
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Commissioner, Precinct 4 County Clerk
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AMENDED COUNTY DEPOSITORY PLEDGE CONTRACT
391748
THE STATE OF TEXAS
COMM OF BRAZOS § "
WHEREAS, on the 3rd day of June, 1987, the County of Brazos,
State of Texas acting by and through its duly elected County
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Commissioner's Court (herein "County") and First City National
Bank of Bryan (herein "Bank) entered into a County Depository
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Pledge Agreement (herein Depository Agreement), whereby Bank
agreed to act as the depository for County funds; and
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WHEREAS, such agreement was recorded in Volume 10, Page 597
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of the Official Bond Records of Brazos County, Texas; and
WHEREAS, the bid for such depository included the holding
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and securing of the Trust Funds of the County and District Clerks
of Brazos County in addition to the general funds of Brazos
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County, Texas; and
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WHEREAS, sufficient securities were pledged by Bank to
secure such Trust Funds and it was the intention of the parties
that the contract include and cover such Trust Funds; and
WHEREAS, through oversight the Depository Agreement failed
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to recite the fact that the terms and conditions applied to and
included such Trust Funds; and
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WHEREAS, the parties desire to correct the Depository
Agreement to reflect the intention of the parties and provide for
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the inclusion of the Trust Funds within the terms of such
agreement
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NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the
Depository Agreement is amended to read as follows:
THAT, FIRST CITY NATIONAL BANK OF BRYAN, of Brazos County,
Texas, does hereby pledge and deposit the following securities
with the Commissioners" Court of Brazos County, Texas, in the
amount of EIGHT MILLION SIX HUNDRED THIRTY THOUSAND AND N01100
DOLLARS ($8,630,000.00), upon the terms and conditions and for
the purposes hereinafter set forth: 1
SK# Securities Mkt Value
U.S. Treasury Bill
Due 7/31/87 $7,035,000.00
008174 Amarillo TX Hosp Dist LT N/C 99,448.00
Due 3/01/91
287921 Brownsville TX Nav Dist N/C
Due 3/01/90 46,917.00
325201 Bryan TX Rural Elec Sys Rev
Due 7/01/97 107,378.00
325202 Bryan TX Rural Elec Sys Rev I~
Due 7/01/96 101,905.00
Sr `
016835 De Sota TX ISD UT ESC TO MATY f
Due 10/15/92 59,359.00 I
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300623 Imperial Valley MUD TX Assm ~f
Due 3/01/91 59,607.00
322900 Liberty TX PUB IMPT BD
Due 2/01/89 120,028.00 E
328256 Madisonville TX CISD Sch
Due 7/01/87 63,756.00
331613 Paducah TX ISD Sch Bldg Bond 4
Due 2/01/92 67,075.00 f
039515 Port Arthur TX GO F ,
Due 5/01/92 87,202.00
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291222
Quail Valley TX Util WW/SS Rev
Due 12/01/91 40,889.00
804522
Quail Valley Util Dist TX LT
Due 12/01/90 96,288.00
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331227
Sinton TX ISD UNLTD Tax
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Due 2/01/91 57,610.00
325539
Southeast TX Hosp Fin Agcy
Due 5/01/89 38,893.00
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325540
Southeast TX Hosp Fin Agcy
Due 5/01/89 58,340.00
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44466
Taft TX ISD
Due 2/15/93 83,452.00
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300622
Tomball TX ISD UT Sch Bldg
Due 4/15/95 81,779.00
287238
Trinity TX ISD Sch Bldg
Due 3/15/90 56,027.00
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292802
Wylie TX ISD Collin Cnty UT
Due 5/15/92 63,032.00
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TOTAL 20 $8,423,994.35
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The conditions
of the above contract are such that, whereas,
the above bounden pledgor, FIRST CITY NATIONAL BANK OF BRYAN, was
on the 9th day of February, 1987, duly and legally chosen by the
Commissioners' Court of Brazos County, Texas, (hereinafter
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"County") as County
Depository for said county and as depository
for Trust Funds in
possession of the County and District Clerks
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of such county (hereinafter "Clerks") for a period of two (2)
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years ending sixty
(60) days after the time fixed by law for the
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next selection of a
depository, upon its bidding and agreeing to
pay the County of
Brazos and the District and County Clerks
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interest on "time deposits" on a daily balances kept in said
depository by said County of Brazos and Clerks up to a maximum of
$5,000,000.00 at the rate per annum equal to the published
average auction rate for ninety (90) day U.S. Treasury Bills at
the last sale preceding the date on which the deposit is made
rounded to two decimal places, plus 16 basis point (1/16 of It),
provided however that this rate shall at no time exceed the
maximum permitted under law, whereas funds in excess of $5,000,0-
00.00 may be invested in money market instruments selected by the
County or invested with FIRST CITY NATIONAL BANK OF BRYAN at
rates to be negotiated, and furnish other services to the County
and Clerks all in accordance with those terms, conditions and
provisions of Bid Request No. 87-324 opened January 21, 1987, a
copy of which is attached hereto and incorporated herein.
NOW, THEREFORE, if the above bounden pledgor FIRST CITY
NATIONAL BANK OF BRYAN shall faithfully do and perform all the
duties and obligations devolving on it by law as the county
depository of Brazos County, and of the Trust Funds of the County
and District Clerks of said County and shall upon presentation
pay checks drawn on it by the County Treasurer of Brazos County,
Texas, or the Clerks on "demand deposits" accounts in such
depository; and all checks drawn upon any "time deposit" account
upon presentation, after the expiration of the period of notice
required in the case of "time deposits", and shall faithfully
keep said County and Trust Funds, and account for the same
according to law, and shall faithfully keep and account for all
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funds belonging to the County or the clerks which are deposited
iwith it under the requirements of Texas Revised Civil Statutes
Annotated Article 2547 and Article 2558a and shall include state
funds collected by the tax collector, and shall pay the interest
at the time and at the rate hereinbefore stipulated on "time
deposits"t perform the other obligations of its bid, number 87-
325, and shall, at the expiration of the term for which it has
been chosen, turn over to its successor all the funds, proper-
ty,and other things of value, coming into its hands as deposito-
ry, then and in that event this contract is to be and become null
and void and the securities above shall be returned to the
pledgor, otherwise to remain in full force and effect, hereby
specially authorizing the Commissioners' Court of Brazos County,
texas, to sell at public or private sale, with or without notice
to the pledgor, the securities, or any part thereof, and apply
the proceeds of sale to the satisfaction of any indebtedness
arising by virtue of the violation of any or all the conditions
of this contract.
Securities may be substituted for securities of equal value
and quality only upon express written consent of the Brazos
County Commissioners' Court, which consent shall not be
unreasonably withheld.
The above provision is given in addition to any remedy the
pledgee may have in any suit brought on this contract in any
court in this State.
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Any funds to be invested outside of the depository and at
the County's express direction and instruction, shall be so
invested upon delivery to the depository of such direction and
instructions in writing signed by the Commissioner's Court, its
agent or representative.
The County shall deliver to the depository within ten (10)
days from the date of execution of this agreement, a list of
those individuals authorized to act on behalf of the
Commissioner's Court in regard to the matters stated herein.
Any suit arising out of or in any way connected with this
contract, shall be tried in the County of Brazos and State of
Texas in any Court therein having jurisdiction of the subject
matter thereof.
IN WITNESS all of which we have hereunto set out hands and
the said FIRST CITY NATIONAL BANK OF BRYAN has caused these
presents to be signed with its name and by its president and
attested and sealed with its corporation seal the day and year
firs above written.
FIRST CITY NATIONA K OF Y
EST:
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Mervn Peters, President
ATTEST, AGREED TO AND ACCEPTED:
By:
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Judg Holmgreen
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THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, on this day personally appeared Mervin D. Peters,
President of FIRST CITY NATIONAL BANK OF BRYAN, known to me to be
the person whose name is subscribed the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed
of the FIRST CITY NATIONAL BANK OF BRYAN a corporation, for the
purpose and consideration therein expressed and in the capacity
therein stated.
GLEN UNDER MY HAND AND SEAL OF OFFICE, this the 28thday of
July , 1987. /
Notary Public State of Texas
Printed Name: Brenda Ka Ilschner
Commission Exp res: 12-19-89
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
BEFORE ME, on this day personally appeared JUDGE HOLMGREEN,
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the
same as the act and deed of Brazos County, Texas, for the
purposes and considerations therein expressed and in the capacity
therein stated.
Notary Public, tats of Texas
Printed Name: [iQ
Commission Expires: 4'// g
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INVITATION TO BID
'COUNTY DEPOSITORY OgNTRACT FOR 1987-1988
From: IL
BRAZOS COUNTY, OFFICE OF THE AUDITOR
Brazos County Courthouse Bid Request No. 87-324
Bryan, TX 77803 Telephone (409) 361-4355 Page 1 of 5 pages
Bids will be received at the Brazos County Auditor's Office until _1:30 PH,
Wednesday, January 21, 1987 and publicly opened and read aloud same time, same
date in the Auditor's Office, Room 314,-Brazos County Courthouse.
A. Scone of Bid
Bids are solicited for furnishing the merchandise, supplies, services and/or
equipment set forth in this bid request for a period of two years, 1987 through
1988, in accordance with the following conditions and the General Conditions
for Bidding on the reverse side of this page.
B. Conditions
1. Upon acceptance and approval by the Commissioners Court this bid
effects a working contract between Brazos County and the successful
bidder for the period designated.
2. Either party may cancel this contract at any time for any reason of
consistently unsatisfactory service to the other party provided a
thirty (30) day written notice is given to the other party.
3. The successful bidder shall have the exclusive right and duty to
provide the services listed herein to the County.
4. Should there be a change in ownership or management, the contract
shall be cancelled unless a mutual agreement is reached with the new
owner or manager to continue the contract with its present provisions
and prices. This contract-is nontransferable by either party.
5. This bid was requested by the County and is made by the Bidder with
the agreement and understanding that the County reserves the right to
reject any and all bids and the further right that if any portion or
provision of this bid and/or any contract between Bidder and County
entered into by virtue thereof is invalid, the remainder of this bid
and/or resulting contract at the option of the County shall remain in
full force and effect, and not be affected by said invalid portion or
provision.
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Bid Continuation Sheet
um aim, TE CAS
Bid Request No. 87-324
Page 2 of 5 pages
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6. Any variation from these specifications must be indicated on the Bid
or on a separate attachment to the Bid. This sheet shall be labeled
as sech.
7. The bid award shall be based on, but not necessarily limited to. the
following factors.
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a. Unit Price
b. Total Price
C. Special needs and requirements-of Brazos County
d. Results of testing samples (if needed)
e. Delivery
f. Brazos County's experience with products bid
g. Vendor's past performance record with Brazos County
h. Brazos County's evaluation of Vendor's ability
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8. Each bid must be submitted on forms provided. DO NOT RETYPE BID.
C. Specifications and Quotation
The undersigned,--a banking corporatilW, with capital stock in the amount of
900,000 and certified surplus of ; 900#000 , hereinafter called
Bidder, for the privilege of acting as County Depository for the coming
biennium of 1987-1988 for all Brazos CQpnty funds, all $razos County school
funds, and -all trust funds of all Brazos County officials.. Bidder will pay to
the County and provide services subject to the following provf0ons
1 Any and all County time deposits and/or investmdnts of any kind
currently in force at the time this contract is awarded shall remain
in full force until their maturity date before being transferred to
the designated County depository.
2. The Bidder shall furnish to the County a bond to cover all funds
deposited or to be deposited, in excess of F.D.I.C. limits as provided
by Article 2547 V.A.C.S. and as determined and requested by the
County. Market value will be used to calculate coverage. The Bidder
shall have the right and privilege of substituting securities upon
obtaining the approval of the County provided the total amount of
securities deposited is adequate as provided in the aforementioned
Ob. statute. The Bidder shall be a member of F.D.I.C. which provides
coverage of ;100,000.00 for each separate account maintained.
3. The Bidder will pay the County the following interest rates on time
deposits. The Bidder will use 365 days per year in calculating
interest paid to the County on investments (i.e.- Certificates of
Deposit).
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Bid Continuation Sheet
BRAZOS COUNTY, TEZAS
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Bid Request No. 87-324
Page 4 of 5 pages
4. The Bidder will not charge tie County for keeping the County's deposit
records and accounts for the period covered by this bid. Included in
anerequired as part of this duty are the following:
a. Preparation of monthly statements showing debits, credits and
balances of each separate fund.
b. Preparation of all accounts, reports and records which may, from
time to time, be required by the County in order to properly
discharge the duties as provided by law of Depository.
C. Daily maintenance (as necessary) of all accounts deposited with
the Bidder.
5. The Bidder will not) furnish the quantity, quality and type of
checks necessary for the County's use during the period for which this
bid is submitted. Procurement and specification of checks to be at
County's discretion. (Approximately 40 accounts maintained.)
6. The County does not intend to overdraft any account. Should an
overdraft occur in an account or accounts of the County, the Bidder is
obligated to honor and pay all checks submitted, and no service charge
is to be paid by the County to the Bidder on overdrafts or their
equivalent. Said overdrafts shall bear interest at the rate
of percent per annum. (See Attachment B)
7. Providing the County finds it necessary to borrow,funds, the Bidder
will negotiate the interest rate to be charged to the County, but in
no case will the rate exceed percent per annum. (See Attachment B)
8. The Bidder will provide, at no charge, for collection and exchange
services. (This will include the furnishing of cashier's checks or
drafts when and where necessary and the direct collection of checks
drawn on any bank.)
9. The Bidder will provide the County with one (1) safe deposit box of at
least 3" x 10" at no charge.
10. The Bidder will, at no charge, assist the County,fn any investment of
its funds which the County is authorized to invest by law.
11. The Bidder will zaz* act as paying agent for the County on
any buthorized county bond. County will pay any costs incurred
by Bidder for this service.
12. The Bidder will provide, at no charge to County officials, travelers
checks when needed by officials conducting County business.
13. The Bidder will provide to the County, at no charge, night depository
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ATTACHMENTS
ATTACHMENT A 1
This applies to the interest rates requested on time deposits
in parts a, b, and c of item 3 on Bid Request No. 87-324.
(1) Interest rates per annum equal to published average auction
rate for 91 day U. S. Treasury Bills at the last sale
preceeding the date on which the deposit is made rounded to
two decimal places, plus 16 basis points (sixteen one
hundreths of one percent). This rate is limited to a
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maximum of $5,000,000 of County funds on deposit in time
accounts with the First City National Bank at any one time.
All time deposits will mature no later than 30 (thirty)
days after the expiration of this contract.
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(2) Excess funds above $5,000,000 may be invested in the
Insured CD Program of First City Bancorporation at the
same rate as quoted in one(1) above. The Program allows
participants to place CDs of up to $100,000 in First City
Bancorporation member banks. Each CD is covered by the
Federal Deposit Insurance Corporation for $100,000. All
the investments in the Program will be handled by the Bidder
for the County.
ATTACHMENT B
This applies to item 6, interest rates on overdrafts, and item 7,
interest rates on loans, on Bid Request No. 87-324.
Bidder will charge the County an interest rate equal to 758 of
the Citibank, N.Y., prime rate floating on amounts up to
$500,000. Amounts over $500,000 will be negotiated between
Bidder and County.
ATTACHMENT C
This applies to item 14, the interest rate on NOW accounts.
40
Bidder will pay the County an interest rate monthly equal to
1 758 of the published average auction rate for 91 day U.S.
Treasury Bills as quoted by the Wall Street Journal for the
last settlement date prior to the first of the then current month
1 on the average daily collected balances. Bidder will guarantee
the County a minimum rate of 5.018 on its NOW accounts. :
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This foren Is for use by National Banks only. !t should be used for
pubficatlon purposes only. and should not be returned to Ow (FDIC.
Comptroller of the Currency
Administrator of National Banks
IREPORT OF CONDITION
Consolidating domestic and foreign subsidiaries of the
First City National Bank __•_of Bryan_ _
N4M* of so* I
In the state of _ Texas At the close of business on' December 31 _ 1Ae6
published in respons o call made by Comptroller of the Currency. under title 12. United States Code, Section 161.
Charter Number 13 0 Comptroller of the Currency Eleventh MUM
Statement of Resources and Liabilities
Cash and balances due from depository institutions: Thousands of dollars
Noninterest- bearing balances and carrency and coin 10,657
Interest-bearing balances..
Securities
Federal funds sold and securities purchased under agreements to resell in domestic offices -
of the bank and of its Edge and Agreement subsidiaries, and in IBFs . r 44,9110
. loans and lease nancing receivables:
Loans and leases, net of unearned income
LESS- Allowance for loan and lease losses
LESS: Allocated transfer risk reserve
Moans and leases, net of unearned income. allowance. and reserve 12 2 q 1;
Assets held in trading accounts .
Premises and fixed assets (including capitalized leases) 12,134 1
Other real estate owned 1,416
investments in unconsolidated subsidiaries and associated companies . . . .
Customers' liability to this bank on acceptances outstanding....
intangible assets
Other assets 2-67
Total assets 2-3845
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Federal funds plKcheq
• dotes of the Sunk and of its Edge and Agreemen: subsidiaries. and In IBFs ................0 .0.6.6.0 4 06 1
M- and notes Issued to the U.S. Treasury 41,311
Olhe• borrowed money _
Mortgage indebtedness and obligations under capitalized leases
Bank's nabili-.y on a :ceptances executed and outstandirp
Notes and de;+Ar!wres ruibordinated to deposits 1 000
Other liabilities • • 0000.00.000.0.0 0 0*0 1 6 8 1
Total Gabilities -_22Q, 6
L'r'ed-life preferred stock
-J Perpetual preferred stock
Common stock 900
4 urplus.....
V FI-4
divided profits and capital reserves IL 12n
e
CurnWative foreign cun'ancy translation adjustments
C
Total equity capital.......... _
Total liabilities. WIted•life pre a rad stock and equity capital
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We, the un4e'sl7wd 4ectorsk attest to ft correctness of William F. Dunn
fts sta',ament of resourzes and liabilities We declare that it '
Na been a amirled by &a. Ira to the best of our knowledge Controller
and belief has been prepared In eont n ante with the
inst ions and is true and corr
' d 0.1-4 above-named bank do tweeby declare that this Report
of Cordtion is true and correct :o the best of my knowledge
and belief. •
- Directors
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on.
MC ao.o.ss 0•e• to
paarna copy
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,HE STATE OF TEXAS
COUNTY OF BRAZOS
I, Frvk Porisk'~. County Clerk of goCr3ZOS ing Is a t ueeand
e~ herby certify t:lat tine foregoing ars of record
of the ori„inol as the a gp
cornet c o PJue~~lncords of said
in Vol.
County on file in m of Ce.
ATTESTt unt Clerk
Frank Boris Texas
ED= ty --Deputy
f'y
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THIS AMENDMENT IS FILED TO CORRECT VOL. T, PAGE 617, FILED ON JULY 20,1987.
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AKENDMENT
The item considered under other business in the
Commissioners Court meeting of July 20, 1987 regarding support
of a Federal District Court to function in Brazos County should
be amended as follows:
The tape of the Commissioners' Court meeting of
July 20, 1987, reflects the County Judge stating
the Federal District Court that would function in
Brazos County would require the County to furnish
a court reporter. This was in error as the only
thing required would be space in which to hold court.
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