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HomeMy WebLinkAbout1991-02-25-1000AM-Speciali BRAZOS COUNTY BRYAN, TEXAS AGENDA FILED FOR RECORD o DATE AT O'CLOCK PA MARY ANN WAIRD kAZOS COUNTY CLE5K ) 8 S/ BRAZOS COUNTY COMMISSIONERS' COURT MEETING THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, FEBRUARY 25, 1991, AT 10:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation. 2. Pledge of Allegiance. 3. Consider and take action on the award of the County Deposi- tory for 1991-1992. 4. Consider and take action on application for tax refund to J.C. Penney Company, Inc. 5. Consider and take action on Lease Agreement between Mike Hensarling and Brazos County regarding office space for Precinct 2 Justice of the Peace. 6. Consider and take action on Lease Agreement between Randy Britten and Brazos County regarding office space for Pre- cinct 5 Justice of the Peace. 7. Consider and take action on bids for a Fax Machine for the Minimum Security Jail. . 8. Consider and take action on a Resolution authorizing appli- cation for a grant to support Community Crime Prevention. 9. Consider and take'action on Cedar Oaks Estates Addition in Precinct 2. 10. Consider and take action on the acceptance of right-of-way easements on Greens Prairie Road in Precinct 1. 11. Consider and take action on request from GTE Southwest, Inc. to install a buried service drop in county right-of-way from intersection of FM 974 and northwest side of Edge Schoolhouse Road in Precinct 2. 12. Consider and take action on additional width of three (3) bridges on Macey Road in Precinct 2. 13. Acknowledge receipt of Brazos County Rural Fire Prevention District No. 2 annual report. 14. Acknowledge receipt of Treasurer's report. 15. Consider and take action on personnel change of status. 16. Consider and take action on payment of claims. 17. Executive Session to discuss personnel 6252-17(2)(g). 18. Consider and take action on Executive Session. 19. Adjourn. VOL,V_PAGE 3�� u • 0 COMMISSIONERS' COURT SPECIAL MEETING FEBRUARY 25, 1991 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 Monday, February 25, 1991, with the following members of the Court present: R. J. Holmgreen, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Carol Palmer Bea Green Sharon Fairchild Cheryl Turney A. H. Winder Bill Thornal Ronnie Miller Richard Oldaker Jim Hiney Martin L. Riley, Jr. Glen Harding Admin. Asst. to County Judge Secretary to Commissioners Auditor Auditor's Office County Engineer Deputy Constable Pct. 7 Sheriff Sheriff's Office Bryan/College Station Eagle Riley Engineering Co. Hubert Nelson, Inc. Commissioner Sims gave the invocation and led the pledge of allegiance. The first matter before the Court was the County Depository Contract for the 1991-1992 biennium. Sharon Fairchild, County Auditor, recommended acceptance of the bid submitted by First City National Bank. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to accept the recommendation of the County Auditor and award the contract to First City National Bank. A copy of the fully executed contract is attached hereto. The next matter for consideration was a tax refund to J. c. Penney Company Inc.. In a Court settlement it was agreed hat the appraised value for 1989 should be $2,650,000.00 astead of $3,808,045.00. On motion by Commissioner Sims, econded by Commissioner Norton, the Court voted unanimously o refund $4,367.91 in county taxes for 1989 to J. C. Penney VO "a Y---PAG'- of PAG' - Commissioners' Court meeting February 25, 1991 Company, Inc.. The Court next considered renewal of a lease agreement between Brazos County and Mike Hensarling for office space for the office of Justice of the Peace, Precinct 2, Mary Horn. Term of the lease will be for one year commencing on January 1, 1991 and ending on December 31, 1991. Rent for the lease of the premises will be three hundred dollars ($300.00) per month. On motion by Commissioner Wilcox, seconded by Commissioner Sims, the Court voted unanimously to renew the lease agreement between the two for the period stated above. A copy of the lease agreement is attached. The Court next considered renewal of a lease agreement between Brazos County and Randy Britten for office space for the office of Justice of the Peace, Precinct 5, Antone Dobrolvony. Term of the lease will be for one year commencing on January 1, 1991 and ending on December 31, 1991. Rent for the lease of the premises will be three hundred dollars ($300.00) per month. On motion by Commissioner Turner, seconded by Commissioner Sims, the Court voted unanimously to renew the lease agreement between the two for the period stated above. A copy of the lease agreement is attached. The Court next considered the purchase of Facsimile Systems for the Maximum/Minimum Security Jails. The bidders were as follows: I. Lanier Products A. Model 3230 $1,050.00 B. Model 4000 2,150.00 TI. Texas Copy (Canon Products) Reg. Price BCSO A. Fax L-770 $4,995.00 $2,695.00 IBM Memory 495.00 0.00 Upgrade B. Fax 210 1,495.00 898.50 The Sheriff recommended acceptance of the bid submitted by Texas Copy. On motion by Commissioner Turner, seconded by Commissioner Sims, the Court voted unanimously to accept the recommendation of the Sheriff and award the contract to Texas Copy. VOL -4-, PAGE 3 Yip • • is Commissioners' Court meeting February 25, 1991 On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to submit a resolution authorizing the County Judge to make application on behalf of Brazos County to the Criminal Justice Division, Office of the Governor for grant funds to be used for the support of the Community Crime Prevention Unit in the Brazos County Sheriff's Department. The County Judge will be authorized to accept such grant funds should they be tendered. A copy is attached hereto. The Court next considered approval of the final plat of the Cedar Oaks Estates Addition in Precinct 2. Holland Winder, County Engineer, stated that he had reviewed the plat and it appeared to be in order. He recommended acceptance pending receipt of the construction bond. Martin Riley, representing Riley Engineering, stated he had the bond in hand. Mr. Riley asked for a variance on the seal coating requirement as specified in the Brazos County Subdivision Regulations and that the developer be allowed to proceed with gravel streets meeting all other requirements for the cons- truction of roads in the Subdivision Regulations. Commis- sioners Sims and Norton asked about the flood zone. Commis- sioner Wilcox informed the Court that it was a wet land area. on motion by Commissioner Wilcox, seconded by Commissioner Sims, the Court unanimously approved the final plat of the Cedar Oakes Estates Addition in Precinct 2 and granted the variance on the seal coating requirements. The next matter for consideration was the acceptance of a one hundred foot wide road "Easement Strip" from Edsel G. Jones (2.29 acres). This "Easement Strip" is a phase of a master transportation plan in Precinct 1 which will ultimately connect FM 30 to FM 2154. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to authorize the County Judge to accept the easement on behalf of Brazos County. Commissioners' Court meeting February 25, 1991 The Court next considered the request by General Tele- �--� phone Company to install a buried service drop located on the northwest side of Edge Schoolhouse Road for approximately five hundred fifty feet (5501) along the right-of-way in Precinct 2. On motion by Commissioner Wilcox, seconded by Commissioner Turner, the Court voted unanimously to approve the request of General Telephone Company and authorized the installation. A copy of the request is attached hereto. The Court next considered the replacement of the bridges at McDonald Creek, Little Cedar Creek and Little Cedar Creek Relief on County Road 128 (Macey Road). Commissioner Wilcox explained that the State Department of Highways and Public Transportation was completing construction plans for these bridges with widths for a thirty foot (30') clear roadway. He inquired about the possibility of providing a thirty four foot �. (34') roadway width for the three bridges. He stated that the additional cost to the county for the four feet (41) of road way width for the three (3) bridges will be $15,000.00. On motion by Commissioner Wilcox, seconded by Commissioner Norton, the Court voted unanimously to forward a letter to the State Department of Highways and Public Transportation requesting the additional roadway width and authorized the payment of $15,000.00. The Court acknowledged receipt of the Brazos County Rural I' 1 Fire Prevention District No. 2 Annual Report. An excerpt from i those reports is attached hereto. The Court received, approved and ordered filed as s submitted the Treasurer's report for January 1991. A copy of which is attached to and made a part of these minutes. i s V0L.._L_PAGE 3 YY • Q i Commissioners' Court meeting February 25, 1991 The Court proceeded to consider the change of status of the following employees. NAME Simpson, Harrold Casey, Maura Tanner, Lisa Avila, Janie Sayers, E. W. Bush, Anthony Norcross, Ken Hutchinson, S. Osgrood, C. MaCaulay, Karin Tidwell, Jane Oliver, Martha Dick, Robert Brown, Anthony Gilbert, Jimmie DEPARTMENT 361st Dist. Crt. Dist. Attorney Dist. Attorney Sheriff Office Constable Pct. #5 Juvenile Serv. Road & Bridge Non -Departmental Juvenile Serv. Dist. Attorney Dist. Attorney Juvenile Serv. Juvenile Serv. Juvenile Serv. Juvenile Serv. REASON Resignation Resignation New Employee New Employee New Emp P/T New Emp P/T 6 Mon. Increase 6 Mon. Increase 6 Mon. Increase 6 Mon. Increase 6 Mon. Increase 6 Mon. Increase Promotion Promotion Promotion On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the changes as submitted. Court next considered the following Claims as submitted by the County Treasurer for payment: 10 General Fund ---------------Claims 3285 thru 3474 20 Road & Bridge --------------Claims 3567 thru 3621 21 Boonville Cemetery ---------Claims 3475 thru 3477 30 Capital Projects & Improvements: Proposition I --------Claims 3478 thru 3480 40 Law Library ----------------Claims 3481 thru 3482 41 Court Master Grant ---------Claims 3483 thru ------ 43 Oil & Gas Fund -------------Claims 3484 thru 3486 45 Omnibus Crime Control ------Claims 3487 thru ------ 54 Health Department ----------Claims 3495 thru 3515 60 Payroll --------------------Claims 3516 thru 3534 61 Health & Life Ins ----------Claims 3535 thru ------ 62 Flex Plan ------------------Claims 3536 thru ------ 90 Community Services Off -----Claims 3537 thru ------ 91 Juvenile Comm. Grant -------Claims 3538 thru ------ 94 Victim Assistance Prog----- Claims 3539 thru ------ 95 Comm. Crime Prevention -----Claims 3540 thru ------ 97 Narc. Traf. Task Force -----Claims 3541 thru 3566 On motion by Commissioner Turner, seconded by Commis- sioner Sims, the Court voted unanimously to approve the Claims as submitted. At 10:26 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in closed executive session to discuss personnel as allowed under Section (6252-17(2)(g) Vernon's Texas Civil Statutes. At 10:36 a.m. the County Judge announced the meeting open to the public. On motion by Commissioner Sims, seconded by Commissioners' Court meeting February 25, 1991 Commissioner Norton, the Court voted unanimously to approve the request of Judge Ruffino of the 361st District Court to hire Jeanine Hutcheson as a bailiff for the 361st District Court at a pay group 8 step 2 position with no six month step increase. There being no further business to come before the Court, the meeting was adjourned. VOL PAGE`_ • • The foregoing minutes have been examined and approved in open Court this the (7,W day of 19 in Bryan, Brazos County, Texas. /`--lal.02, R. J. Holmgreeffi Gary Nort96/ County Judge Commissiofo, Precinct 1 Walter Wilcox Randy Sim Commissioner, Precinct 2 Commiss ner, Precinct 3 j -*&f _ 4 Milton Turner Mary nn Ward Commissioner, Precinct 4 County Clerk Vol -PAGE -3-Q- i THE STATE OF TEXAS S S COUNTY OF BRAZOS S WHEREAS, BRAZOS COUNTY, TEXAS (hereinafter referred to as the "County"), acting by and through the County Commissioners' Court (hereinafter referred to as the "Court"), invited banks in Brazos County to bid for the County Depository Contract for the years 1991 through 1992 pursuant to Bid Request 91-577; and WHEREAS, on the lith day of February, 1991, First City, Texas - Bryan/College Station, N.A. (hereinafter referred to as "Bank") was legally chosen to act as the depository for all County funds, including all funds representing taxes held by the County on behalf of the municipalities of Bryan and College Station and the Independent School Districts for those municipalities, all funds held by the County and District Clerks of said County, including but not limited to Trust Funds and funds for which said Clerks act as custodians upon order of the County and District Courts of said County (hereinafter collectively referred to as "Clerks") and all Trust Funds held by the County Attorney, District Attorney, Adult Probation Department and Juvenile Services Department of said County (hereinafter collectively referred to as "Law Enforcement Offices") (hereinafter all of these funds shall be referred to as County Funds); NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS THAT the Court and the Bank agree as follows: • r� 10 k does hereby pledge and deposit the following securities with the Court, in the amount of EIGHT MILLION TWO HUNDRED NINE THOUSAND SEVENTY FIVE AND NO/100 DOLLARS ($8,209,075.00), upon the terms and conditions and for the purposes hereinafter set forth: SK/ Securities Mkt Value 715558 U.S. Treasury Notes $ 351,859.00 $ 61,368.00 $ 153,421.00 $1,534,218.00 $5,089,062.00 $1,019,147.00 That for a period of two (2) years ending sixty (60) days after the time fixed by law for the next selection of a depository, Bank agrees to pay the Court, Clerks and the Law Enforcement Offices interest on "time deposits" on daily balances kept in said depository by said Court, the Clerks and Law Enforcement Offices up to a maximum of $3,000,000.00 at the rate per annum equal to the published average auction rate for ninety-one (91) day U.S. Treasury Bills at the last sale preceding the date on which the deposit is made rounded to two decimal places, plus or minus basis points (each basis point being equal tQ one hundredth (1/100th) of 2 VOLPAG� 3�3 - Series AC -91 833355 U.S. Treasury Notes Series S-93 929829 U.S. Treasury Notes Series S-93 822961 U. S. Treasury Notes Series 5-93 820943 U. S. Treasury Notes 077365 GNMA 15 YR 300273 $ 351,859.00 $ 61,368.00 $ 153,421.00 $1,534,218.00 $5,089,062.00 $1,019,147.00 That for a period of two (2) years ending sixty (60) days after the time fixed by law for the next selection of a depository, Bank agrees to pay the Court, Clerks and the Law Enforcement Offices interest on "time deposits" on daily balances kept in said depository by said Court, the Clerks and Law Enforcement Offices up to a maximum of $3,000,000.00 at the rate per annum equal to the published average auction rate for ninety-one (91) day U.S. Treasury Bills at the last sale preceding the date on which the deposit is made rounded to two decimal places, plus or minus basis points (each basis point being equal tQ one hundredth (1/100th) of 2 VOLPAG� 3�3 - one percent (1%)) as stated below for the maturities and amounts listed; a. Single maturity time deposits of $100,000 or more: Maturity. Percent 14 - 29 days 91 day T -Bill Discount Rate + 5 basis points 30 - 89 days 91 day T -Bill Discount Rate + 10 basis points 90 - 179 days 91 day T -Bill Discount Rate + 15 basis points 180 - 365 days 91 day T -Bill Discount Rate + 20 basis points b. Single maturity time deposits of less than $100,000: Maturity Percent 30 days or more but 91 day T -Bill Discount Rate + 10 less than 90 days basis points 90 days or more but 91 day T -Bill Discount Rate + 15 less than 1 year basis points provided however, that this rate shall at no time exceed the maximum permitted under law. The Bank shall use 365 days per year in calculating interest paid to the County on time deposits. All time deposits shall mature no later than thirty (30) days after the expiration of this Contract. In addition to the time deposit rates quoted above, the Bank will provide the Investment Option of the First City Insured Time Deposit Program for deposits in excess of $95,000 with maturities of thirty (30) days or more. The amount of County Funds which may be placed in the Program will be subject to the then current maximum allowable in the Program, which may change from time to K VO PAGE 3 sy -� --:.E'er--' �ti-c--�-. � -. .:.-rz. _�-c-.. . _ �-:r�arm<•sa�.-.-a ....ro.�....a.r.w..��,...�•-.�._��....r_.i-._...� ...._� __ - - - 1 f • • C time based upon the number of First City Member Banks participating in the Program. The rate of interest paid will be the posted rate for Insured Time Deposits for the applicable maturity on the date of placement. All deposits will be placed in increments of $95,000 or less in First City, Texas Member Banks. The availability of this program is not guaranteed for the entire contract period. Funds in excess of $3,000,000.00 may be invested in money market instruments selected by the County or invested with Bank at rates to be negotiated. The Bank agrees to keep accounts specified by the Court for the County's demand deposits in the form of NOW accounts which shall bear interest at a per annum interest rate equal to ninety percent (90%) of the published average auction rate (discount 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 on the average daily collected balance annualized on a 365 day year. Bank guarantees to the Court, Clerks and Law Enforcement Offices a minimum rate of five percent (5%) on all its NOW accounts. Such interest earnings shall.be delivered to the County on the last day of each month with applicable amounts earned on the accounts detailed in the monthly statement. Bank reserves the right to negotiate rates for NOW account balances in excess of $7,500,000.00 of County Funds on deposit with First City, Texas - ,, Bryan, N.A. at any one time. Bank shall pay all overdrafts which occur in an account or accounts of the County up to a cumulative amount of $500,000.00. • 4 VOL -3L -PAGE .35-3' — ---- U • i ,r The Court shall pay no service charge for such overdrafts but shall pay interest thereon at the rate equal to the Citibank, New York prime rate floating. Bank agrees to loan to the County funds up to the amount of $500,000.00 at an interest rate per annum equal to ninety-five percent (95%) of the Citibank, New York prime rate floating for tax exempt borrowings and one hundred percent (100%) of Citibank, New York prime floating for taxable borrowings. The Court must provide, as a condition for such loan, a legal opinion from the County's bond counsel regarding such borrowings. Should a borrowing which had been qualified as a tax exempt borrowing later become classified as taxable, the County will pay interest to the Bank at the taxable borrowing rate as of the effective date the borrowing became taxable. Interest rates on loans to the County in an amount more than $500,000.00 shall be subject to negotiation. Any loans made to the County will have a maturity date not later than thirty (30) days after the expiration of this contract. The Bank shall provide Letters of Credit to the County in a cumulative amount of $500,000.00. A fee of one-half (1/2) of one percent (1%) per annum on the outstanding balance of Letters of Credit issued to or on behalf of the County will be charged, except on those Letters of Credit issued to the County's Insurance Carrier, which shall be issued for no fee. Letters of Credit issued to or on behalf of the County shall have an expiration date no later than thirty (30) days after the expiration date of this contract. 5 VOPAG E7 • • The Bank shall charge the County for keeping the County's, Clerks' and Law Enforcement Offices' deposit records and accounts during the term of this contract pursuant to the fee schedule described on Exhibit "A" attached hereto and made a part hereof for all purposes. Such service shall include the following: a. Preparation of monthly statements showing debits, credits and balances for each separate fund; b. preparation of all accounts, reports and records which may, from time to time, be required by the Court in order to properly discharge its duties as provided by law; C. daily maintenance, as necessary, of all accounts deposited with Bank; d. the furnishing of a monthly analysis of accounts, including but not limited to, the average ledger balances and average collected balances of all accounts and activity analysis of banking services provided; e. the sorting in numerical order of all cancelled checks for the (i) Brazos County Clearing Account, (ii) Brazos County Payroll Account (iii) Brazos County General Fund and (iv) County Attorney Restitution. All County interest bearing and non-interest bearing checking accounts will be placed on the standard account analysis system, a description of which appears on Exhibit "B" attached hereto and made a part hereof for all purposes. The County may pay for KI services it receives through either dollar fees or by maintaining sufficient investable balances to offset the cost of services r� VOL SC PAGE 3r7 •• .{ .,, �..i,�+�c�SfSti:+.l Rif]1R.�.rr�sMu++�µ.r.+.,.1t�.+..:+..�,.e......--__`.* ___aca.rrs__.x�.:.r.,.. j a s x J J f I t provided. Excess investable balances maintained by the County at any quarter may be carried forward to the analysis for the next quarter and may continue to be carried forward until used up, except that excess investable balances will not be carried forward from one calendar year to the next. Any net deficient investable balances maintained by the County at the end of a calendar quarter will be converted to dollar fees using the standard First City, Texas - Bryan, College Station, n.a. charge for net deficient investable balances and the County will be responsible for payment of those fees at that time. This list of services for which charges are assessed and the unit prices for those services appears on Exhibit "A". Interest paid by the Bank to the County on NOW accounts is considered a service and will be listed accordingly on the monthly account analysis. Bank shall at all times during the term of this contract remain a member in good standing of the Federal Deposit Insurance Corporation. The Bank shall provide at no charge to the County the following services: 1. Collection and exchange services 2. One (1) safe deposit box of at least 3" x 10" 3. Travelers checks 4. Night depository service The Bank shall assist the Court in any investment of Funds which the Court is authorized to invest by law, provided however, the County shall be responsible for any costs levied by third 7 VOLPAGE 3 �p r� • r� u 0 parties (i.e. any party other than Bank) with regard to either direct securities purchased or repurchase agreements, including but not limited to, securities clearance fees and safekeeping fees. Either the Bank by itself or in coordination with First City, Texas - Houston will act as paying agent for the County on any authorized County bond. The County will pay normal customary charges associated with this service. NOW, THEREFORE, if the above bounden pledgor Bank 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 Clerks of said County and Trust Funds of the Law Enforcement Offices of said County and shall upon presentation pay checks drawn on it by the County Treasurer of Brazos County, Texas, the Clerks or the Law Enforcement Offices 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 funds belonging to the County, the Clerks or the Law Enforce- ment Offices which are deposited with it under the requirements of Texas Local Government Code 5116.001 et seq. and 5117.001 et seq. and shall include State funds collected by the tax collector, and y shall pay the interest at the time and at the rate hereinbefore stipulated on "time deposits" and "demand deposits"; perform the other obligations of its bid, number 91-577 and this Contract, and 8 VOL 3 shall, at the expiration of the term for which it has been chosen, turn over to its successor all the funds, property,and other things of value, coming into its hands as depository, then and in that event this contract shall be and become null and void and the securities above referenced shall be returned to the Bank, otherwise to remain in full force and effect, hereby specially authorizing the Court to sell at public or private sale, with or without notice to the Bank, the securities, or any part thereof, and apply the proceeds of sale to the satisfaction of any indebted- ness arising by virtue of the violation of any or all the condi- tions of this contract. The above provision is given in addition to any remedy the i Court may have in any suit brought on this contract in any court I in this State. Securities may be substituted for securities of equal value and quality only upon express written consent of the Court, which consent shall not be unreasonably withheld. Any funds to be invested outside of the Bank and at the Court's express direction and instruction, shall be so invested upon delivery to the Bank of such direction and instructions in writing signed by the Court, its agent or representatives. The Court shall deliver to the Bank within ten (10) days from the date of execution of this agreement, a list of those individu- als authorized to act on behalf of the Court, the Clerk's and the Law Enforcement Offices in regard to the matters stated herein. 9 VOI.�,_PAG E_3_Lo • • lk 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. The County may terminate this Contract at any time upon thirty (30) days written notice. IN WITNESS all of which we have hereunto set out hands and the said FIRST CITY, TEXAS - BRYAN/COLLEGE STATION, N.A., has Executive Vice caused these presents to be signed with its name by its preside4it President and attested and sealed with its corporate seal the day and year first above written. ATTEST: �jXN0.� � �C►� Yµ.C� FIRST CITY, TEXAS - Bryan/College Station, n.a. By: en Telg, Executive President AGREED TO AND ACCEPTED: By: ' Jud a R. J. Ho green 10 .. VOL PAG G r 57 f f� 1 8 } '7 r• THE STATE OF TEXAS S S COUNTY OF BRAZOS S BEFORE ME, on this day personally appeared Ken Telg. Executive Vice President of FIRST CITY, TEXAS - BRYAN/COLLEGE STATION, N. A. 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, TEXAS - BRYAN, N.A. a corporation, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of _406 , 1991. CHRIS A. CHAMBERLAIN 1• hulaly P001C. Slata of (etas e��a,,�� MyGcrmas-cnEapirC$S,P16,1994 E... i THE STATE OF TEXAS S S COUNTY OF BRAZOS S jy� i " �' d&ilw� e-- ary Publ tq.te of Texas, Printed Name: P�? i✓ Commission Expires: - BEFORE ME, on this day personally appeared JUDGE R. J. 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 ca acity therein stated. EN UNDER MY HAND AND SEAL OF O� E this the � day of 1991. JANE MOORE NOt Publi , Sta of exas Notary Pum nate at to= pr ' ted Name: . J{� [!(M My commivan Expires I/INET C ission Expires: /— i/_, - 9a 91-3026PEM:dp 11 VO _.PAG E--36 >/ 4 0 EXHIBIT "A" Commercial Analysis Fee Schedule* Bank Service Deposited Items: First City, Texas - Bryan/College Station Local Items Houston RCPC Items Other 11th District Items Other Transit Items Checks Deposits Charge Back Items ACH Debits ACH Credits Wire Transfer Debit Stop Payments Special Statements Account Maintenance FDIC Insurance Serial Sort Phone Call -Daily Balance/Month Coin Provided/Roll 12 .05 .025 pre -encoded** .05 .025 pre -encoded** .07 .045 pre -encoded** .075 .055 pre -encoded** .10 .075 pre -encoded** .10 .25 3.00 .10 .10 10.50 15.00 5.00 7.50 .135 per $1,000 ledger, subject to change with changes in FDIC premium .025, minimum $30.00 50.000 .06 J VOPAGE` 367 Currency Provided Strap Zipper Lock Bag Zipper Non -Lock Bag Money Order Cashiers Check Interest Expense Earnings Credit Payroll Direct Deposit .35 NIC NIC 2.000 NIC (Aggregate sum of all interest paid monthly to County on its NOW Accounts) (average of the 91 -day Treasury Bill Discount Rate for current month) Actual cost of service, not to exceed $100.00 per month. Current charge is $60.00 per month. Price is based on volume and can vary as participation increases. *Bank understands that the County may not necessarily use all of the services listed; however, unit prices listed will be applicable (unless otherwise noted above) for those services provided by Bank to County. Any services not itemized in this schedule but which are later requested by the County and subsequently provided by the Bank will be charged at a mutually agreeable fee. **This reduced rate assumes items meet Bank encoding standards and fall within a normal reject range. 91-3026PEM:dp 13 voL�_PAGE. 3G� .., �, .�: M'.._'::'^Iv(:.''.T.':'1;'R;Sl7�Q`-iPM'rJ17'�.7L4.'YiKC.77-.'i:C20i'AYiT::'.ID'.t-C.a `,...T%r,". '; r•.'l ... THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL 0 0 0 VA EXHIBI T B information V .w. The following - provides a detailed explanation of items on your Account Analysis Statement: Statement Code Descriptions'' ARST0W,nXAS . ANYTOHN, Tx 99999 (goal goo -Coco R 9 L A T 1 0 N a N 3 V AIsALV81 e PAM, 1989 AOC CORPORATION Goings -190908 100 MAIN 5T I 1191AT90 ACCOUNTS 0 3 ANYTOHN, Tx 99999-9999 MUCH AVERAGE UDGER BALANCE 1 101,493.00 AVERAGE COLUCTEO BALANCE 0 5 07,930.00 PLUSNoN-INTER ST BEARING Costs 5 190900.00 Ass RESERVES 5 19.053.00 AV:AAGL MUT !j BALANCE 5 81,055.00 LESS AVG INV DAL REQUIRED FOR OERv:CEB 0 5 91,593.09 NET INVESTABLE BALANCE 14,600.90- LARNINGS CREDIT FOR INVESTABLE BALANCE 0 0.001 © RING SERv:C90 OPRUS•• QACTIVITvOAe�K►LERBOUIR90 �rEiREG CHECKS, DEBITS 0.1300 Goo 10,997 DEPOSITS, CREDITS 0.5000 as 1,049 :TENS DEPOSITED -LOCAL 0.0300 300 1,335 :TENS 09POItTZO-ROOLOCAL 0.0600 150 1,335 RS AR ITEMS 1.0009 1e 8.946 STOP PAYMENTS 10.0000 3 Ge.ee ACCOUNT AtCONC:L:AT:ON .0600 685 3,703 ?IME SORT CHECKS .0100 431 10151 fBOa stRtv:CE .3000 ago 4,416 OX DEPOSIT MO. 60.0000 1 8,687 BATED BALANCE RPTO. 59.0000 1 0,095 OWAVOINO HIRE TRANSFER 7.5000 7 7.717 INCONINO HIRE TRANSrER 1.0000 7 still ACH ORIG:NATION-CREDITS .0500 100 3,531 DOMESTIC COLLECTIONI 10.0000 so 14,710 CONTROLLED DUP.-ACCTS. 70.0000 1 10,0301 CONTROLUO MSP. -ITEMS .1300 Boo 8,831 TOTAL: 091.4193 90.00 COMMENTS1 0 sr You HAVE AMY QUESTIONS. PUA89 CAL, (0001 000-0009 TO CONTACT YOUR FIRST C:TV,TEEAS OFFICER JOHN J. SN:TN 0 • There may be additional detail pages on your relationship analysis statement If the number of banking services listed exceeds one page. • • Priccs shown are for illustrative purposes only. ny A DDA 01 ACCOUNTAN"TSIs Relationship Analysis AKDCOY9rrAr4AMIS A 02 At your request, we have the flexibility to prepare separate account analyses for divisions or subsidiaries located at different addresses. To accomplish this, we prepare reporting on two different levels. For example, assume a relationship that consists of two subsidlules each having two accounts. The statements generated would Include a separate Account Analysis for each account and a Relationship Analysis which summadzu all four accounts. 1. Related Accounts -The total number of accounts Included In your Relation- ship Analysis. 2. Average Ledger Balance -the average, daily ledger balance of all the Demand Deposit Amounts Included In your Relationship Analysis. ;. Average Collated Balance -Thr Average ledger Balance leu Float. 4. Plus Non -Interest Bearing CDs -If applicable. the total dollar amount of any Non -Interest Bearing Certificates of Deposit Included in your Relationship Analysis. S. Less Reserves -The total dollar amount of reserves applicable to the amounts within )-sur Relationship Analysis. Please note that Reserves are calculated at a different percentage rate fur each type of deposit Insirunirut The Reserw figure on pour relationship statement will Include both Reserte for the Nun -Interest Bearing CDs (if any) and Demand Deposit Accounts. 6. Average Investable Balance -The Atvrtgr Cullucted Balanw plus \tor• Werest hearing Certificates of Deposit less Reserves. 7. Less Avenge Investable Balance Required for Services -The Average Inwaahl, balance that would haw to he maintained In the accounts within )tiur rola tlunship to urrata the prier of all the banking services used by those accounts during the month. Ser also Field Dumber IS below. 8. Net Investable Balance -fair Average Investable Balance less thr Awragge Investable Balance Required for Services. 9. Earnings Credit Rate for Investable Balance -The permniage rate that !s Ake at dutur nlKx dw A%veyte law -tilde lialanw Required fir each servkv. 10. Banking Services -This column contains a description of all of the banking services used by your accounts during the statement period. 11. Price -This culumn contains the price per unit charge for each service. 13. Activity -This column avitains the total number of units of each banking; service used by the acc ants within your relationship. 13. Arg Investable Balance Required -Thr Average Investable Balance rrqulnvd i. offset the charge fir Barin banking service. In our sample statement. fir examine. it is nrcessary fur the customer to maintain 54.41 S In balances u offset the charge fur its use il I.f)CKBUC services. This Average Investable Balance Ra4ulmd per srrvic'e is calculated as tallows: 1. Divide the Earnings Credit fur Investable Balance by the total number t. days In the year to obtain a daily percentage rate. IMIXIM s %j a .000219178 2. Multiply the daily percentage rate by the total number of days in the stat0ment nuNith its obtain the Earnings Credit Rate for Investable Bal• ames fir the statement month. 01112191'8 x it a .1NW9452 1. Multiply the per unit Priw fir the service by the Activity to obtain taw I'm Required fir the service. StlARN) x 1110 • S30-00 4. Divide the Fee Required by the Earnings Credit Rate for Investable Ilal• anew fir the month. Sii).tx) = .tit1b",94S2 a S4.415 14. he Required -Fir thRsee srrvicts pay;ebly dinjugh fees, as upl%med its hal• antes, this allunin amitains ilia trial fee requirvil for each banking servic't - The For Required is obtained by multiplying the Price by the Activity. 1S. total Avenge Investable Balance Required -This figure is the total oaf the Avenge Investable Balance Required column and is the same figure as that In Field Number 7, slily. 16. total Fee Required -This figure is tht- total of the Fee Require! culutin. 17. Comments -Phis purtltxi of your statemott will contain customer survict me -mages Its kaep wit abreast of the latest sufvIce-s offered by the hank. 18. Officer contact -lour staie Ran aisu aisptays yuur nank toter s tame an& telephone number. PILwe feel free to contact )vur First City. Texas Officer At tuiy time should you have questions about your smitietu. (See back of page for Information concerning the Account Analysis fhvoice Page) IRSTC17 Me MEMBER FDIC O 19 9 FCBWTVO PAG E 0021. 0 juawolir,IS sp;Xjv;uV iunox)V : ... inoA InoqV uonnziojuY jurlioduaj 0 w. SUX3'L;UI:)1SU' :'d The following information provides a detailed explanation of items on your Account Analysis Invoice: Invoice Code Descriptions 19. Invoice Number -The Invoice Number assigned to your hill. PlLnse refer to this Invoice Number In any correspondence with the bank regarding your statement. 20. Average Collected Balance -tire field number 3. 21. Plus Non -Interest Bearing CDs -See field number 4. 22. less Reserves -See field number S. 23. Avenge Investable Balance -See field number h. 24. Less Avg Inv BII Required for Services -Ser field number 7. 25. Net Investable Balance -See field number R. 26. Less Compensating Balances -The Intal dollar amotint (if arty (;rtmpensaling Balance Arrangements you have made with the hank. 27. Balances Available for Other Services -The set Investable Balance lem any rmntpensating Balances. 28. Current Month Billing -Service Fee -The amount due for those services you have agreed to pay for with tees. It is the same amount that appears on Page I (Field No. 16). 29. Deficient Compensating Balance Fee -This fee Is calculated using the amount or your Compensating Balance Agreement and your annualized Billing Rate. Using the 10% as reflected on the sample: I. The Billing Rate for Deficient Compensating Balances is 10.00%. Divide the Billing Rate by the total number of days In the year to obtain a daily percentage -ate. 0.1000 = 365 a .0002739'2 :. Multiply the dally percentage rate by the total number of days In the ¢ statement month to obtain the Billing Rate for the statement month. j .00027397 x 31 a .00849315 3. Multiply the Billing Rate for the statement month by the amount of the Cormpensating Balance Agreement to obtain the Deficient Compensating B31111ce Fres. l0849315 x 1150.0000) • S424.66 In this et;amre. the Net Investahlt nalinct win a orgatim lumsutit. if dist balance had been a positive amount. It would have been deducted from the Loan Compensating Balance Amount before computing the Deficient Corn. pensaiinR Fee. .0 30. Deficient Servlcr Balance Fee -This fee is calculated using the amount of your negative Net Investable Balance and your annualized Billing Rate. I'sing IV. as reflected on the sample: y 1 The Billing Rate for Deficient Service Balances is 10.0096. Divide the Billing Rate by the total number of days lit the year to obtain a daily percentage rate. 01000 - 365 a .0MIT39'2 Multtph the daily percentage rate b1• the total number of days In tke statement month to obtain the Billing Rate for the statement month. .002•39': x 31 - .00849315 x 11.608 539.14 C-1. AR9CITII:T�XRS . ANYTONN, TIXAS 90909 (000) 000-0000 MARCH, loft RE6ATIONSNIP INVOICE 0 ABC CORPORATION INVOICE NUMBER 9903000'Aft 700 MAIN ST RELATED ACCOUNT! ANYTOMN. TX 99999-9999 MARCH AVERAGE COLLECTED BALANCE E •7,93!.00 FLUS MOM-INTERCIT BLARING COOS t► 10.000.00 use RESIRVEB 1 10.953.00 AVERAGE INVESTAaLE BALANCER $ 97,095.00 LESS AVG INV DAL REQUIRED B ItVlen 9 91.993.00 NET INVESTABLE BAIANCI E 4,909.00- LEIS COMPENSATING SA s 9 110.000.09 SALAMCBS AVAILABLE FOR OTHER /ERVICne s 54,608.06 - REMITTANCE COPY to .. .. .. .. •�• PLEASE REMIT PAYMENT TO ADDRESS IN UPPER LEFT CORNER •�• •.• ANO INCLOSE REMITTANCE COPY OF THIS INVOICI ••• YOU ARE BILLED FOR SERVICES MONTHLY You ARE BILLED FOR DEFICIENT COMPEMBATIMO BALAMCE! QUARTERLY AT 10.004 YOU ARE BILLED FOR DEFICIENT SERVICE BALANCE! MONTHLY AT 10.001 IF You HAVE ANY QU92TIOMe. PLEASE CALL (000) OOC-0000 TO CONTACT YOUR FIRST CITY, TEXAS OFFICER JOHN J. SMITH DEFICIENT Dcr:cIENT SERVICE COMPINSATIMO SERVICE DESCRIPTION rcc BALANce rcc BALANCE rcc TOTAL CURRENT MONTM•BILLIMO •• ••SO 00 -••• •-•�79 9A •■ ••••-1f•l11•■ ••••■••••••-•• 011►V)OU11 CARRY IORMABr1� 0.00 � 530.11) � 0.00 ' TOTAL rcc! ouc � 90.00 , 1.71111.19 19.1 ........................................................................ GUU1Y roawt►RD rcc �--o:oo.............................................. 000000 CVRAENT-AMOVNT OUI � .....22! - A0.00 1.71111.19 3f.1� 1.)11)1 i I .......................................................................... DIREct ocs1T TO St. Previous Carry forward -The dollar and nett amount of any fees icing carried forward from the previous month(s). Plume note that. In our sample statement, the cust11n1cr is being billed for both Service Fees and Deficient Service Balance Fres on a nnntthh hams. *1 there Is no Previous Carry Forward Fees In either of tltiisc columns. However. nrfirlrnt GNnpensadng Balances are billed on a quarterly basis. Therefor. hrcuisr the hihut{; month is ~Larch, there Is a Preyions Carry Forward figure In the Dcticient (;nnpcns :Unk Balance Fee column for those fees Incurred In January and February 32, Total fees Due -The Total Fres are obtained by adding the Current Month fulling Amount and the Previous Carry Forward Amount In each column. 33. tarry Forward Fee -The Carry Forward Fees are any portion of the Total Frra Ik1r tFirld No. 33) being caroled forward to the next month's billing. lini are not obliged Ln pas Carry Forward Fees. ' 34. Current Amount Due -Tote Total Firs Dur if It Is a settlement maittlt. _. 3S. Direct Debit to Account 1001.OS•1909.2-The amount 119 Srr•Ico.• Fee. Deficient f,Ltmprilsa It nK Balance Fee. and/or Deficient Service Balance Fee to he debited directly from one I>< v1Rir accounts. The Current Amount Due figure for that feeist will appear in this field with tlw number of the account to which the debit was made. This amount is not to be ictrllidtd in your payment of the Invoice. 36. Please Pay This Amount -This Is the amount you are to pay. Remit your payment to flu• First City. Texas address shover in the upper left-hand corner of the invoice. This amluuu is pavahlr In full upon receipt of I•nur hill. Please renu'ntlx•r - hi cnrllisc• one ropy 119 lilt inquire with your payment. � AccouN: soot -011.1909-a 60.00 IIEASE PAY THIS AMOUNT © 31. You Are Billed for... -This pctrtilin of the invnirr clunaina the tic•ulrmo:nt ILrnHI and Id11Unt; Rate for each type of fee. ' 3 Muhiptov y the Billing Rate for the statement month.by the amount of the XrL Investable Balance to obtain the Deficient Seryls Balance Fees. .00849115 • • • 1 LEASE AGREEMENT �1 qk - This lease Agreement is made and entered into this of day of $a�a-r-y, 1991 by, and between MIKE HENSARLING of Brazos County, 'Ill* a-' "11_ c herein called "Lessor", and BRAZOS COUNTY, TEXAS herein called "Lessee". In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the following described premises located in Brazos County, Texas: Office space (approximately 940 sq. ft.) in the building located on on the corner of FM 2154 and Church Street in Wellborn to include water and sewer along with restroom. It will also provide handicap access. TERM The term of this lease shall be for a period of one (1) year commencing on January 1, 1991 and ending on December 31, 1991. RENT Lessee agrees to pay to Lessor as rent for the leased premises the sum of three hundred twenty-five dollars ($325.00) per month on the first of each month. USE OF PREMISES The leased premise shall be used only as an office and Lessee shall not permit the leased premises or any part thereof to be use for: (a) the conduct of any offensive, noisy, or dangerous activity that would increase the premiums for fire insurance on the leased premises; (b) the creation or maintenance of a public 0 nuisance; (c) anything which is against public regulations or rule of any public authority at any time applicable to the leased premises; or (d) any purpose or in any manner which will obstruct, interfere with, or infringe on the rights of other tenants or adjoining property owned by Lessor, nor shall the leased premises be occupied by any person or persons other than the person or persons authorized by Lessee. INDEMNITY AGREEMENT Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the leased premises, fee and harmless, from any and all liability for injury to, or death of, any person, including employees of Lessee or for damage to property arising from the use and occupancy of the leased premises by Lessee or from the act or omission of any person, or persons, including employees of Lessee, in or about the leased premises with the express or implied consent of lessee; provided that nothing in this agreement shall expand or enlarge the liability of lessee greater than that of Lessee under the Texas Tort Claims Act. ALTERATIONS AND IMPROVEMENTS Lessee shall make no alterations to the building on the leased premises nor construct any buildings or other improvements on the leased premises without first having obtained the written consent of Lessor. LESSOR REPAIRS Lessor shall, after notice and at his expense, make all roof, floor (other than surface material), pavement, electrical, VOL PAGE -7�f i 2 • • 0 plumbing, air-condition, heating, structural repairs and replacements, including but not limited to those required by public authorities, all repairs and replacements to and painting of the exterior walls, (outside doors and overhead doors are considered as outside walls). Lessor shall replace all broken window and plate glass except damage resulting from negligence of Lessee. If Lessor fails or neglects within a reasonable time to make repairs or corrections which, under the terms hereof Lessor is required to make after written notice to Lessor by Lessee, or having started such repairs or corrections, Lessor fails to complete them within a reasonable time, Lessee may cause such repairs or corrections to be made or completed at Lessor's cost and expense and may deduct from subsequent installments of rent an amount sufficient to reimburse itself for costs and expenses incurred. Unless otherwise herein provided, all normal repairs, painting and replacements to the inside of buildings shall be made at the expense of Lessee which shall surrender the same at the end of the Lease term or any extension thereof in substantially as good condition as when received, ordinary wear and tear, damage by fire or the elements and unavoidable casualties excepted. , DESTRUCTION OF PREMISES Should any building or improvements on the leased premises be damaged or destroyed by fire, the elements, acts of God, or other causes not the fault of Lessee or any person in or about the leased premises with the express or implied consent of Lessee, they shall be repaired or replaced by Lessor at his own cost and expense and 3 the rent payable by Lessee pursuant to this lease shall be abated to the extent such damage or destruction renders the leased premises uninhabitable by Lessee. Provided however, should the cost of repairing or restoring any buildings or improvements so damaged or destroyed exceed twenty-five percent (25%) of the replacement cost of all buildings and improvements now located on the leased premises, or if more than fifty percent (50%) of the total floor space of the leased premises shall be rendered unfit for Lessee's occupancy this lease may be terminated by either party by ten (10) days written notice. If less than fifty percent (50%) of the total floor space of leased premises shall be uninhabitable and repair and restoration can be accomplished within ninety (90) days, Lessor may, at his option, either repair and restore the damaged buildings and improvements or cancel this lease and return any unearned rent previously paid by Lessee under this lease. CONDITION OF PREMISES Lessee stipulates that the leased premises, as well as all building and improvements located thereon, are at the date of this lease in good order, repair and a safe and clean condition. UTILITIES All charges for electricity, shall be paid by Lessee. All charges for water and other utility services shall be paid by Lessor. IMPROVEMENTS PROPERTY OF LESSOR All allterations, changes, and improvements built constructed, or placed in the leased premises by Lessee, other than movable VOL e i L 4 • r� • personal property shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain in the leased premises at the expiration or sooner termination of this lease. Lessee at the termination of the lease shall not be required to restore the improvements to their original condition. Nothing contained in this paragraph, however, shall authorize Lessee to make or place any such alteration, change, or improvements on the leased premises without having first obtained the written consent of Lessor. ASSIGNMENT AND SUBLETTING Lessee shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. A consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. An assignment or subletting without the written consent of Lessor,shall be void and shall, at the option of the Lessor, terminate the lease. LESSEE'S RIGHT TO PERFORM In the event Lessor violates or fails, to perform any provisions or agreements of the lease to be performed or complied with by Lessor, and such violation or failure continues for fifteen (15) days after written notice thereof to Lessor, Lessee may, in addition to all remedies available to it, be entitled to perform on behalf of Lessor and deduct all such payments from the rent. - 5 VO PACE 37 L DEFAULT BY LESSEE Should Lessee be in default for a period of more than ten (10) days in the payment of any rent payable under this lease or in the performance of any other provision of this lease and such default continues for thirty (30) days after written notice, Lessor may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas in effect at the date of such default. HOLD OVER At the expiration of this lease, should Lessee hold over for any reason whatsoever, it is hereby agreed that in the absence of a written agreement to the contrary, such tenancy shall be from month to month only under the same conditions and at the same monthly rental as provided herein. SUBORDINATION OF LEASE This lease and Lessee's leasehold interest under this lease are and shall be subject, subordinate, and inferior to any lien or encumbrance now on the leased premises by Lessor. RIGHT OF INSPECTION Lessor and his agents have the right at all reasonable times during the terms of this lease to enter the leased premises for the purpose of inspecting them and all building and improvements thereon; provided however that the right of inspection shall not extend to any record, the disclosure of which is prohibited by law. PARKING Ample space will be provided for parking vehicles. 6 VOL.. PAGE-1-7-?� U i� • • • NOTICES Any and all notices or other communication required or permitted by this lease to be served on or given to either party to this lease by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to Lessor, Mike Hensarling, P. 0. Box 126, Wellborn, Texas 77881; addressed to Lessee, Brazos County, 300 East 26th Street, Bryan, Texas 77803-5327, until otherwise notified. Either party hereto may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in this paragraph. USE OF OFFICES The leased premises are to be used as office space for the Justice of the Peace for Precinct Two (2) of Brazos County. LOCATION FOR RENT PAYMENT Unless changed by written notice pursuant to the provisions in the above heading under Notices, all rent payable under this lease shall be paid to Lessor at P. O. Box 126, Wellborn, Texas, 77881. ATTORNEY'S FEES Should any litigation be commenced between the parties hereto concerning the leased premises, this lease, or the rights and duties of either party in relation thereof, the party prevailing in such litigation shall be entitled, in addition to such relief as 7 may be granted, to a reasonable sum as and for his attorney's fees in such litigation. TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County. LEGAL CONSTRUCTION In case any one or more of the provisions contained in the ', agreement shall for any reason be held to be invalid, illegal or unenforceable it shall not affect any other provision thereof and this agrement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. O IA 1DNIDQV No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties I hereto. OPTION TO RENEW Lessee may renew this lease for four (4) successive one-year terms by giving Lessor written notice of such renewal at least 8 • 1 • • r. thirty (30) days prior to the expiration of the then current term. Each such renewal shall be upon the same terms and conditions. Executed this. day of aanu&ry; 1991. -�d 0 LESSOR: MIRE 1EENSARLING By: LESSEE: ATTEST: BRAZOS COUNTY x&44GLrBy 9 �4 LEASE AGREEMMIT This lease Agreement is made and entered into this day of 4 1991 by, and between RANDY BRITTEN of Brazos County, herein called "Lessor", and BRAZOS COUNTY, TEXAS herein called "Lessee". In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the following described premises located in Brazos County, Texas: Office space (approximately 500 sq. ft.) in the building located on Highway 21 West near Smetana to include water and sewer along with restroom. It will also provide handicap access. TERM The term of this lease shall be for a period of one (1) year commencing on January 1, 1991 and ending on December 31, 1991. RENT Lessee agrees to pay to Lessor as rent for the leased premises the sum of three hundred dollars (300.00) per month on the first of each month. USE OF PREMISES The leased premise shall be used only as an office and Lessee• shall not permit the leased premises or any part thereof to be use for: (a) the conduct of any offensive, noisy, or dangerous activity that would increase the premiums for fire insurance on the leased premises; (b) the creation or maintenance of a public VOL Y, -PAGC- �J • • nuisance; (c) anything which is against public regulations or rule of any public authority at any time applicable to the leased premises; or (d) any purpose or in any manner which will obstruct, interfere with, or infringe on the rights of other tenants or adjoining property owned by Lessor, nor shall the leased premises be occupied by any person or persons other than the person or persons authorized by Lessee. INDEMNITY AGREEMENT Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the leased premises, fee and harmless, from any and all liability for injury to, or death of, any person, including employees of Lessee or for damage to property arising from the use and occupancy of the leased premises by Lessee or from the act or omission of any person, or persons, including employees of Lessee, in or about the leased premises with the express or implied consent of lessee; provided that nothing in this agreement shall expand or enlarge the liability of lessee greater than that of Lessee under the Texas Tort Claims Act. ALTERATIONS AND IMPROVEMENTS Lessee shall make no alterations to the lauilding on the leased premises nor construct any buildings or other improvements on the leased premises without first having obtained the written consent of Lessor. LESSOR REPAIRS Lessor shall, after notice and at his expense, make all roof, floor (other than surface material)-, pavement, electrical, 2 VOL 377 Z. , plumbing, air-condition, heating, structural repairs and replacements, including but not limited to those required by public authorities, all repairs and replacements to and painting of the i exterior walls, (outside doors and overhead doors are considered as outside walls). Lessor shall replace all broken window and plate glass except damage resulting from negligence of Lessee. If Lessor fails or neglects within a reasonable time to make repairs or corrections which, under the terms hereof Lessor is required to make after written notice to Lessor by Lessee, or having started such repairs or corrections, Lessor fails to complete them within a reasonable time, Lessee may cause such repairs or corrections to be made or completed at Lessor's cost and expense and may deduct from subsequent installments of rent an amount sufficient to reimburse itself for costs and expenses incurred. Unless otherwise herein provided, all normal repairs, painting and replacements to the inside of buildings shall be made at the expense of Lessee which shall surrender the same at the end of the Lease term or any extension thereof in substantially as good condition as when received, ordinary wear and tear, damage by fire or the elements and unavoidable casualties excepted. OF PREMISES Should any building or improvements on the leased premises be damaged or destroyed by fire, the elements, acts of God, or other causes not the fault of Lessee or any person in or about the leased premises with the express or implied consent of Lessee, they shall be repaired or replaced by Lessor at his own cost and expense and \t �1� • • a j cost and expense and the rent payable by Lessee pursuant to this lease shall be abated to the extent such damage or destruction renders the leased premises uninhabitable by Lessee. Provided however, should the cost of repairing or restoring any buildings or improvements so damaged or destroyed exceed twenty-five percent (25%) of the replacement cost of all buildings and improvements now located on the leased premises, or if more than fifty percent (50%) of the total floor space of the leased premises shall be rendered unfit for Lessee's occupancy this lease may be terminated by either party by ten (10) days written notice. If less than fifty percent (50%) of the total floor space of leased premises shall be uninhabitable and repair and restoration can be accomplished within ninety (90) days, Lessor may, at his option, either repair and restore the damaged buildings and improvements or cancel this lease and return any unearned rent previously paid by Lessee under this lease. CONDITION OF PREMISES Lessee stipulates that the leased premises, as well as all building and improvements located thereon, are at the date of this lease in good order, repair and a safe and clean condition. UTILITIES All charges for electricity, water and other utility services shall be paid by Lessee. IMPROVEMENTS PROPERTY OF LESSOR All allterations, changes, and improvements built constructed, or placed in the leased premises by Lessee, other than movable 4 VOL PAG E 3 7.2 11 I / 4i personal property shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain in the leased premises at the expiration or sooner termination of this lease. Lessee at the termination of the lease shall not be required to restore the improvements to their original condition. Nothing contained in this paragraph, however, shall authorize Lessee to make or place any such alteration, change, or improvements on the leased premises without having first obtained the written consent of Lessor. ASSIGNMENT AND SUBLETTING Lessee shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. A consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. An assignment or subletting without the written consent of Lessor,shall be void and shall, at the option of the Lessor, terminate the lease. LESSEE'S RIGHT TO PERFORM In the event Lessor violates or fails to perform any provisions or agreements of the lease to be performed or complies with by Lessor, and such violation or failure continues for fifteen (15) days after written notice thereof to Lessor, Lessee may, in addition to all remedies available to it, be entitled to perform on behalf of Lessor and deduct all such payments from the rent. • Id DEFAULT BY LESSEE Should Lessee be in default for a period of more than ten (10) • days in the payment of any rent payable under this lease or in the of any other of this lease and such default performance provision continues for thirty (30) days after written notice, Lessor may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas in effect at the date of such default. HOLD OVER ` At the expiration of this lease, should Lessee hold over for any reason whatsoever, it is hereby agreed that in the absence of a written agreement to the contrary, such tenancy shall be from month to month only under the same conditions and at the same monthly rental as provided herein. SUBORDINATION OF LEASE This lease and Lessee's leasehold interest under this lease are and shall be subject, subordinate, and inferior to any lien or • encumbrance now on the leased premises by Lessor. RIGHT OF INSPECTION Lessor and his agents have the right at all reasonable times during the terms of this lease to enter the leased premises for the purpose of inspecting them and all building and improvements - thereon; provided however that the right of inspection shall not extend to any record, the disclosure of which is prohibited by law. Y PARKING Ample space will be provided for parking vehicles. 6 • NOTICES Any and all notices or other communication required or permitted by this lease to be served on or given to either party to this lease by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to Lessor, Randy Britten, at P. O. Box 563, Bryan, Texas, 77806; addressed to Lessee, Brazos County, 300 East 26th Street, Bryan, Texas 77803-5327, until otherwise notified. Either party hereto may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in this paragraph. USE OF OFFICES The leased premises are to be used as of f ice space for the Justice of the Peace for Precinct Five (5) of Brazos County. LOCATION FOR RENT PAYMENT Unless changed by written notice pursuant to the provisions in the above heading under Notices, all rent payable under this lease shall be paid to Lessor at P. O. Box 563, Bryan, Texas 77806. ATTORNEY'S FEES Should any litigation be commenced between the parties hereto concerning the leased premises, this lease, or the rights and duties of either party in relation thereof, the party prevailing in such litigation shall be entitled, in addition to such relief as fi J may be granted, to a reasonable sum as and for his attorney's fees • in such litigation. TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County. LEGAL CONSTRUCTION In case any one or more of the provisions contained in the agreement shall for any reason be held to be invalid, illegal or unenforceable it shall not affect any other provision thereof and this agrement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written • or oral agreements between the parties respecting the within subject matter. AMENDMENT No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. OPTION TO RENEW 1 Lessee may renew this lease for four (4) successive one-year t 4 " w terms by giving Lessor written notice of such renewal at least M thirty (30) days prior to the expiration of the then current term. Each such renewal shall be upon the same terms and conditions. 8 �rsi�t�swwr-'�/�. Your y�a thirty (30) days prior to the expiration of the then current term. Each such renewal shall be upon the same terms and conditions. Executed this J.5� day ofcc ,, 91. felll4 LESSOR: RANDY BR77�xfev";'�— By: LESSEE: ATTEST: , BRAZOS COUNTY By: 0 • V 9 VO d •r� State of Texas County of Brazos A Resolution Authorizing application for Grant To Support Community Crime Prevention WHEREAS, the Governor of Texas, through the Justice Assistance • Acts, has a wide range of programs to provide funding for improvements in our criminal justice system; and WHEREAS, in implementing the aforementioned programs, the Governor is making grant funds available for the support of community crime prevention programs; and WHEREAS, Brazos County has a continuing need for a wide range of services to be provided through these programs, NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY at its meeting on the,u��,�� that: 1. The County Judge of Brazos County, acting in behalf of Brazos county be authorized to make application to the Criminal Justice Division, Office of the Governor, for grant funds to be used for the support of community crime prevention under category SF -A01. and 2. The County Judge be authorized to accept such grant c funds should they be tendered; and 3. This resolution becomes effective upon its adoption. • R.J. Hol green County Judge Brazos County, Texas ATTEST: Mary AAn Ward, County Clerk Brazos County, Texas VOL PAS MC 600647 FO�S.�8FY,1.66) ® GTE Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION TO THE COMMISSIONER'S COURT OF BRAZOS ATTENTION COUNTY JUDGE: DATE 02/04/91 COUNTY Formal notice is hereby given that GTE SOUTHWEST INCORPORATED will construct a communication line within the right-of-way of a County Road in 1%ite7nR County, K„rten� Tn,rn� as follows: Leginning 1.9 miles from intersection of FM 974 and Edge Schoolhouse Rd, a buried service drop was placed beginning on the Northwest side of Edge Schoolhouse Rd. and going North approximately 550 feet along R.O.W. At this point a 30 foot bore was made under Edge Schoolhouse Rd. from West side R.O.W. to East side R.O.W. and up to applicant. The location and description of this line and associated appurtenances is more fully shown by 2) copies of drawings attached to this notice. The will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is exprt.,;ly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after Fehr„nr- 4 1991 GTE SOUTHWEST INCORPORATED By Alan Colley / Rnninr Fnginpor - ASP Address E- n _ Box 1158 VOLI03564AGE -3 0 THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL • • 0 ISSUED 4-22-83 TEXAS GENERAL EXCHANGE TARIFF MAP SUPPLEMENT SECTION 6 EFFECTIVE 12-22-82 ® DOCKET 9, Rurten; Texas 13 2472, GENERAL TELEPHONE Exchange Area Boundary 4811 COMPANY OFTHE SOUTHWEST 3rd Revised SHEET NO. CANCELLING grid Revised SHEET NO. SCALE I Inch Illi. ALL BOUNDARIES AIDC ovv rcc i r --- enenc uNLESS OTHERWISE NOTED VICE PRESIDENT --REVENUE REQUIREMENTS A 3 W. W24 • PfG /9 z ' �� .�.B1 T MC 600664 MAI 0 aev.1.eei 40 77i of ,u 7;4 .4 L ® Southwest TAX CNW. o+o+w ov OwAWN r DATE 2- / - 9/ OATZ 2- LOCATION eezeT XA a�aLl.r+on QvU/GE SE.�ditE , APMLOVLD F �xoer OATL 4 tH► �cALr NTS ' P s/lin�_or / wawa��l,Fa d'�F -- • • • lb 0 BRAZOS COUNTY RURAL FIRE PREVENTION DISTRICT NO. 2 ANNUAL REPORT C/Y 1990 As required in Article 2351 a-6, Section 14 of Vernon's annotated Civil Statutes of Texas Revised 1988, the Board of Commissioners of Brazos County Rural Fire Prevention District No. 2 is submitting this report of the Boards accounting of it's administration for the calendar year 1990. The Board members who were appointed by the Brazos County Commissioners Court were; Howard Joham, Raymond McCallum, Donald Lampo, Hawley West and James Rosier. Vincent Marino, who had served as President of the Board during the calendar year 1989, resigned from the Board making it necessary to re- organize. In a public meeting held at the Kurten, Texas Fire Station on April 2, 1990 officers were elected as shown below. Howard Joham Donald Lampo James Rosier Raymond McCallum Hawley West President Vice President Secretary -Treasurer Assistant Treasurer Member Ad Valorem taxes collected by the County Tax Collector's office for the Fire Prevention District at the rate of 0.03% was deposited in the First City National Bank of Bryan, Texas in an interest bearing checking account. The funds available to the Fire Prevention District are shown below. Tax Revenue $22,078.22 Interest Earned 741.25 Carry over (1989) 2,980.70 Total Available $25,800.26 Shown below is a record of the disbursement of funds. We feel that these expenditures were made in accordance •:ith guidelines established in Article 2351 a-6. Brazos County Tax Apprisal District $275.00 State Farm Insurance (Treasurers Bond) 90.00 Brazos County Pct. 2 Volunteer FD 22,730.31 First City National Bank (Deposit Slips) 23.59 Bryan College Station Eagle 466.20 Law Offices Payne & Walker (Austin) 5.35 Tax Refund (1st Federal SQL) 4.61 Tax Refund (Wilson Cattle Co) 2.09 Masters Office Supply Inc. 162.60 Total 23,759.72 This leaves a balance of $2,040.54 which is not a solid figure since there may be some small charges outstanding from 1990. This is to be placed in a separate interest bearing account at the highest rate possible. These funds are to be eventually used to upgrade fire fighting equipment. VO PAG 9 3f f - It JANUARY 1991 TREASURER'S REPORT FUND NAME FUND BALANCE INCOMM 70TAL DISBURSED FOND BALANCE INVESTED BAL.IN ACCT. 12/31/90 01/31/91 01/31/91 GENERAL FUND 6,404,208.25 5,318,189.85 11,722,398.10 1,689,466.53 10,032,931.57 8,400,000.00 1,632,931.57 ROAD & BRIDGE GENERAL 821,872.72 304,134.64 1,126,007.56 120,929.87 1,005,077.69 680,000.00 325,077.69 BOONVILLE CEKETARY 15,784.50 70.38 15,854.88 1,099.28 14,755.60 0.00 14,755.60 ROAD 6 BRIDGE 42 631,299.51 2,710.84 634,010.35 0.00 634,010.35 600,000.00 34,010.35 C.O. FUNDS 1,410,687.16 7,178.41 1,417,865.57 25,693.83 1,392,171.74 1,350,000.00 42,171.74 C.O.1%EBT SERVICE 192,619.25 65,195.85 257,815.10 0.00 257,815.10 187,200.00 70,615.10 PERM.IKPV.DEBT SVC. 644,205.03 179,662.29 823,867.32 0.00 823,867.32 643,800.00 180,067.32 ROAD S BRIDGE DEBT SVC. 165,320.75 59.88 165,380.63 0.00 165,380.63 165,000.00 380.63 CAPITAL PROJECTS 1,219,105.44 12,024.30 1,231,129.74 19,252.70 1,211,877.04 1,150,000.00 61,877.04 STATE LATERAL ROAD 249,718.% 2,839.41 252,558.37 0.00 252,558.37 220,000.00 32,558.37 LAW LIBRARY 77,707.10 994.43 28,701.53 1,972.25 26,729.28 0.00 26,729.28 OIL 6 GAS FUND 298,099.25 4,873.18 302,972.43 213,885.15 89,087.28 0.00 89,087.28 OMNIBUS CRIME CONTROL 28,332.19 13,314.25 41,646.44 97.19 41,549.25 0.00 41,549.25 APPELLATE JUDICIAL. SYST. 8,652.87 464.04 9,116.91 0.00 9,116.91 0.00 9,116.91 HEALTH DEPARTMENT 28,297.09 41,061.06 69,358.15 40,805.77 28,552.38 0.00 28,55=.38 FOSTER CARE FUND 61,009.39 47,810.12 108,819.51 24,249.29 84,570.22 0.00 84,570.22 HEALTH 8 LIFE INSURANCE 290,419.46 34,407.91 324,877.37 74,418.83 250,408.54 0.00 250,408.54 INDIGENT HEALTH CARE 76,271.02 100,267.79 176,538.81 50,079.03 126,459.78 0.00 126,459.78 TOTAL 12,573,609.94 6,135,258.83 18,708,868.77 2,261,949.72 16,446,919.05 13,396,000.00 3,050,919.05 rVOL-1 PAGEL-Eff