Loading...
HomeMy WebLinkAbout2003-07-22-9:00AM-RegularIF- IL ED BR. t. SOS COUNTY BRYAN; ^XA6 2003 JUL 18 A q.- 18 ?Y CLEP,K F. A!!.T XAS f~ t NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON 22 JULY 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 200 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Cauley 2. Call for citizen's input and/or concerns Consider and take action on agenda items 3-31 3. Budget Amendment 02/03-35.1 thru 02/03-35.2 4. Payment of Claims 5. Personnel Change of Status 6. Approval of a Proclamation recognizing the weeks of July 13m - July 26`h as Probation, Parole and Community Supervision Officers Week. 7. Renewal of Lease Agreement between Bryan Independent School District and Brazos County for a portable classroom building, effective 1 July 2003 through 30 June 2004, for the purpose of providing academic programs to juveniles. 8. Approval of Commercial Lease Agreement between the City of Bryan and Brazos County for the rental of 925 square feet of space in the Federal Building for the storage of records. 9. Request by Information Technology to purchase an upgrade to the LaserFiche imaging software for use in the District Attorney's and County Clerk's offices as well as the Personnel Department. 10. Request by Information Technology to renew the LaserFiche Software Assurance Program (LSAP) for fiscal year 2003. 11. Request by the Sheriff s Office to change cellular telephone service from Cingular to Verizon, effective 1 August 2003. Both providers are on state contract; there is currently no contract for cellular service between The Sheriffs Office and Cingular. VOL 4 PAGE 151 Commissioners Court Agenda 22 July 2003 Page 2 12. Order relocating the polling place for election precinct 21 from the . > "-M United 4-thodist Church, 417 University Dr., College Station, Texas to St. Mary's C-iltolic Chur.;_, 'acated at 603 Church Avenue, College Station, Texas. 13. Appointment of pre-;;ding judges and alternate judges for elections conducted by the County. 14. Request by Purchasing to advertise Bid #2003-043 for Sheriff Office uniforms. 15. Request by Purchasing for renewal of annual contract for carpet cleaning with Asure Carpet Cleaning; contract period is 1 October 2003 through 30 September 2004. 16. Request by Purchasing for renewal of annual contract for pest control service with Terminix Commercial Pest Control; contract period is 1 October 2003 through 30 September 2004. 17. Request by Purchasing for renewal of unleaded and diesel fuel bid #2003-037R with Petroleum Traders Corporation for the period of 15 August 2003 through 15 August 2004. 18. Request by Purchasing for approval to update inter-local agreements with the City of College Station for the purchase of equipment and supplies, requests for proposals, requests for qualifications and other procurement activity for the purchase of services, insurance, high technology, professional services and expenditures that may be exempt from competitive bidding/proposals. 19. Approval of the County Depository Contract with First American Bank. 20. Approval of AIA Document A101 Contract between Brazos County and Bryan Construction for the renovation of County Court at Law 42. 21. Review of Tax Refund Applications for the following: a. Winnie Ross Allen and Houston Ross Estate, c/o Nell Ross Person b. Edna A. Berdine g. Matron Grays c. Betty P. Law h. Carolyn Moore d. Frankie Mae Morris i. Hosea Morriel e. Charles R. Page j. Ernestine F. Elmore f Ruby Bell Walters k. Jeff Lundquist 22. Tax Refund Application to SBA Towers. 23. Tax Resale Deed from Brazos County to Rodney L. Holder and Sonya T. Holder. 24. Request for refund of penalty and interest, submitted by Dr. Ron A. and Dr. Keyan S. Salzman of College Station, Texas for 2002 ad valorem property taxes. VOL 4 • PAGE i 5 z Commissioners Court Agenda 22 July 2003 Page 3 25. Request by the Brazos County Historical Commission to p- iripate in the preparation of needlepoint Christmas ornaments for decorating the Governors td.-nsion in December 2003. Ornament for Brazos County will be stitched by Mrs. John Blair; arra pximate cost of suppies for a needlepoint ornament: $150. 26. Acceptant: of Warranty Deed from Arrenia Haupt Ellis, Forence Haupt King, Lewis McDonald Haupt, rTI and Luella Haupt Trotter for improvements to proposed I&GN Road located in Precinct L. 27. Release of temporary easement from Brazos County to Warren Edward Wall and wife, Jennifer Henderson Wall as recorded in Volume 4633, Page 132, Official Records of Brazos County, Texas for Elmo Weeden Road bridge replacement project located in Precinct 2. 28. Acceptance of the following Warranty Deeds for improvements to a portion of Koppe Bridge Road located in Precinct 1: a. Shirley Pharms o. Dennis R. Burrell cc. George Burrell b. William C. Washington p. Almeda R. Burrell c. David Washington q. Trudie West d. Inez Jones r. Timothy Brown e. James Burrell s. Eula J. Taylor f. Lawrence Burrell t. Walter Brown, Jr. g. Barry Burrell u. Dora White h. Kristy Burrell v. Annie Francis Shephard i. Rita Wright w. Lula Mae Banks j. Janice Lazard x. Jo Ann Ford k. Alton Harrison y. Electine Waldon 1. Debra H. Blackwell z. Ivan Burrell m. Sadie Burrell aa. Ruth Johnson n. Almetrice B. Cormier bb. Lillian Terrell 29. Request from City of Bryan to construct road bore for sanitary sewer line installation in the right of way of Old Reliance Road near its intersection with Wallis Road. Site is located in Precinct 2. 30. Request for permission to enter Woodrow Gilpin's property located off Mize Road for the purpose of removing a dead tree from county road right of way. Site is located in Precinct 2. 31. Request from Verizon to construct a road bore and 2.812 feet of buried cable installations in the right of way of Mancuso Road. Site is located in Precinct 2. 32. Announcement of interest items and possible future agenda topics. 33. Agency / Board / Committee reports by Court members. 34. Call for citizen input and/or concerns. 35. Adjourn. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL 4~ PAGE 15-3 F'I ED BRAZOS COUNTY 1003 JUL 18 P 3: 00 ,i l!r,:TY cLi',k BRYAN. TEXAS TE AS NOTICE OF ADDENDUM TO THE AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY 22 JULY 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. In addition to the regular agenda, the Commissioners Court will consider and take action on the following item(s): 1. Submission of a Mitigation Plan for the proposed Brazos County Exposition Center to the Corp of Engineers. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two busness days prior to the meeting. To make arrangements, call (979) 361-4102. VOL 46 PAGE 15 f COMMISSIONERS' COURT REGULAR MEETING JULY 22, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, July 22, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1;. Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns Demetrios Basdekas made the following comments: 1. County Employees Salary - Feels that employees are a valuable resource and yet they are underpaid in comparison to the cities. The Sheriff has tried to narrow the gap and officers deserve more because they are putting their life on the line. He cannot understand why the Sheriff does not receive comparable salary to the police chiefs. He believes the employees deserve a 5% increase to narrow the gap. VOL 4cp PAGE 15~ Commissioners Court meeting July 22, 2003 2 2. Expo Project - he believes we need an Exposition Center but believes the plan is not good for the tax payers. 3. Secret meetings - secret Expo meetings and other discussions are not right. He asked Commissioner Cauley to make decisions wisely especially when sitting in for the County Judge. The Court next considered Budget Amendment #02/03-35.1 through 35.2, which transfer funds from the General Fund and General Capital Improvement Fund to the Courthouse Improvement Fund and transfer funds from the Non-Departmental Fund to Information Technology Department. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20043951 through 20044226 On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by VOL L-f 4 PAGE 1 5(0 Commissioners' Court meeting July 22, 2003 3 Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The County Judge read aloud a Proclamation designating the weeks of July 13th through 26th, 2003 as "Probation, Parole. and Community Supervision Officers Weeks". The Court congratulates the Community Supervision officers, and the Juvenile Probation Officers on a job well done. On motion by Commissioner Cauley, seconded by Commissioner Peters the Court moved to proclaim the weeks of July 13th through 26th, 2003 as "Probation, Parole and Community Supervision Officers Weeks" throughout Brazos County. The County Judge then presented the signed Proclamation to Ms. Arlen Parchman and Ms. Rhonda Gilchrist, representing the local Community Supervision Office and Juvenile Probation Office. The Court next considered renewal of Lease Agreement between Bryan Independent School District and Brazos County for a portable classroom building. Term of the Lease is from July 1, 2003 through June 30, 2004. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal of the lease agreement. A copy is attached. VOL It ~ PAGE )5q Commissioners' Court meeting July 22, 2003 4 The Court proceeded to consider approval of a Commercial Lease Agreement between the City of Bryan and Brazos County for rental of 925 square feet of space in the Federal Building for the storage of records. Cost to Brazos County will be $693.75 per month. The tem of the lease begins July 22, 2003 and ends September 30, 2009. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the commercial lease agreement. A copy is attached. The Court next considered a request by the Information Technology Department to purchase an upgrade to the LaserFiche imaging software for use in the District Attorney's and County Clerk's offices as well as the Personnel Department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the purchase in the amount of $13,170.00. The next matter for consideration was a request by the Sheriff's Office to change cellular telephone service from Cingular to Verizon, effective August 1, 2003. This request was made due to billing errors, inefficient rate plans and difficulty in obtaining customer service. On motion by Commissioner Peters, seconded by Commissioner VOL q PAGE 5 Commissioners' Court meeting July 22, 2003 Mallard, the Court voted unanimously to approve the request to change to Verizon. The County Judge asked the Purchasing Agent to check with Verizon on savings for all departments. The Court next considered an Order Relocating Polling Place for Election Precinct 21 from the A&M United Methodist Church, 417 University drive, College Station, Texas to St. Mary's Catholic Church, 603 Church Avenue, College Station, Texas. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to adopt an Order Relocating Polling Place for Election Precinct 21. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to appoint the following persons as presiding judge and alternate judge for the current voting year at the following voting precincts: Pct # Election Judge 1 Jeremy Pitts (R) 2abc/82 Michael Broddus (R) 3ab Charles Opersteny (R) 4abc/79/43 5ab Nora Lee Moore (R) 6 Lois Williams (R) 7ab Lola Peterson (R) 8 Karen Tohkubbi (R) 9 A. J. Bockholt (R) 10ab Michael Holt (R) 11 Arthur Beatties (R) Alternate Judge Doris Emshoff (R) 5 VOL 44 PAGE S`1 Commissioners' Court meeting July 22, 2003 12 Joe Lecour (R) 13 Betty Gibson (R) 14/19/ 55/57 15/53 Sandra Cooper (R) 17 Alvin Halbrook (R) 18abc 20 Marvin Emshoff (R) 21 Art Roach (R) 23 Al Meyer (R) 24 Barbara Melenkvitz (R) 25 26 Jim Gerbig (R) 27ab Lynn Mills (R) 28b/68 Mary Ann Crenshaw (R) 29 Lanita Clay (R) 30/77/19 Martha Murphy (R) 31 Jean McDermott (R) 32 Ralph Postlewait (R) 33/72/74 34 Charles Bergstad (R) 35ab Glenda Baker (R) 36 Norm Waggoner (R) 38 39 Laura Holmes (R) 40 Barbara Petty (R) 41/28a/42 LouEllen Ruesink (R) 45/44/46/ 47/78/81 George McDonald (R) 52/16 54 Alan Waldie (R) 62 Lambert Wilkes (R) 63ab Eileen Kent (R) 70abc/ 64/67 Kristi Hardy (R) 80 Elizabeth Chuna (R) Ruby Parker (R) Barbara Seim (R) Wilbert Mason (R) Dee Flemming (R) Barbara Bell (R) Elizabeth Horner (R) The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2003-043, Sheriff Office Uniforms. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to VOL liC,r PAGE 1 (0 C) 6 Commissioners' Court meeting July 22, 2003 advertise for bids for uniforms. The Court next considered a request by Purchasing for renewal of annual contract for carpet cleaning with Astire Carpet Cleaning. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to renew the annual contract with Asure with no change in the monthly charge. The contract begins on October 1, 2003 and ends September 30, 2004. The Court proceeded to consider another request from the Purchasing Department for renewal of annual contract for pest control service with Terminix Commercial Pest Control. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to renew the annual contract Terminix with no change in the monthly charge. The contract begins on October 1, 2003 and ends September 30, 2004. The next matter for consideration was a request by Purchasing for renewal of unleaded and diesel fuel bid #2003-037R. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the request to renew bid # 2003-037R with Petroleum Traders Corporation. The bid will be in effect from August 15, 2003 until August 14, 2004. 7 VOLE PAGE / (P i Commissioners' Court meeting July 22, 2003 8 The Court next considered a request by the Purchasing Department for approval to update Interlocal Agreements with the City of College Station. The updated agreement also includes Request for Proposals, Request for Qualifications and other procurement activity for the purchase of services, insurance, high technology, professional services and expenditures that may be exempt from competitive bidding proposals. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the update of Interlocal Agreements with the City of College Station. The next matter for consideration was the approval of the County Depository Contract with First American Bank. The County Treasurer asked about approval of the collateral contract along with the depository contract. The County Judge said it would be placed on the next agenda. On motiori.bv Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Depository Contract. A copy is attached. The Court next considered approval of AIA Document A101 between Brazos County and Bryan Construction for the renovation of the Brazos County Courthouse for County Court at Law II. The Court deleted some items from the VOL 46- PAGE 16a Commissioners' Court meetiq,g July 22, 2003 document, thus reducing the contract. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the contract in the amount of $222,900.00. A copy is attached. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Winnie Ross, Allen for the Houston Ross Estate $ 62.40 overpayment b. Edna Berdine $103.28 overpayment c. Betty P. Law $207.30 overpayment d. Frankie Mae Morris $ 84.37 'overpayment e. Charles R. Page $224.42 overpayment f. Ruby Bell Walters $ 80.48 overpayment g. Matron Grays $259.53 overpayment h. Carolyn Moore $ 20.00 overpayment i. Hosea Morriel $167.23 overpayment j. Ernestine F. Elmore $ 10.31 overpayment 1. Jeff Lundquist $ 17.50 overpayment On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the refund applications. The next matter for consideration was approval of tax refund applications from the following individual and/or company: SBA Towers $231.00 ARB Action February 2002 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the refund application. 9 VOL y-4 PAGE /(~3 Commissioners' Court meeting July 22, 2003 10 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to the following individual: Rodney L. Holder and Sonya T. Holder - Lot 17, Block 3, Sunset Addition to the City of Bryan, Brazos County, Texas The Court proceeded to consider a request for refund of penalty and interest, submitted by Dr. Rona A. and Dr. Keyan S. Salzman of College Station, Texas for 2002 ad valorem property taxes. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to deny the request for refund of penalty and interest. The next matter for consideration was a request by the Brazos County Historical Commissioner to participate in the preparation of needlepoint Christmas ornaments for decorating the Governor's Mansion in December 2003. Cost will be $150. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered acceptance of a Warranty Deed for right-of-way on I&GN Road in Precinct 1. On motion by Commissioner Jones, seconded by Commissioner VOL of PAGE / to y Commissioners' Court meeting July 22, 2003 11 Peters, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Warranty Deed from Arrenia Haupt Ellis, Florence Haupt King, Lewis McDowell Haupt, III and Luella Haupt Trotter for the expansion and improvements to I&GN Road in Precinct 1. The next matter before the Court was the release of temporary easement from Brazos County to Warren Edward Wall and wife, Jennifer Henderson Wall for the Elmo Weedon Road bridge replacement project in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to approve the release of temporary easement. The Court next considered acceptance of a Warranty Deed for right-of-way on Koppe Bridge Road in Precinct 1. On motion by Commissioner Jones, seconded by Commissioner Mallard, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Warranty Deed from the following individuals for the expansion and improvements to Koppe Bridge Road: Shirley Pharms Dennis R. Burrell William C. Washington Almeda R. Burrell David Washington Trudie West Inez Jones Timothy Brown Lawrence Burrell Dula J. Taylor James Burrell VOL q1 PAGE / ~5 Commissioners' Court meeting July 22, 2003 Barry Burrell Kristy Burrell Rita Wright Janice Lazard Alton Harrison Debra H. Blackwell Sadie Burrell Almetrice B. Cormier George Burrell Walter Brown, Jr. Dora White Annie Francis Shephard Lula Mae Banks Jo Ann Ford Electine Walden Ruth Johnson Ivan Burrell Lillian Terrell The Court next considered a request from the City of Bryan to construct a road bore for sanitary sewer line installation in the right-of-way old Reliance Road near its intersection with Wallis Road in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from the City of Bryan and authorized the installation. A copy of the request is attached hereto. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Woodrow Gilpin on Mize Road in Precinct 2 to remove a dead tree from the county right-of-way. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the 12 VOL 4 ( PAGE 1 4 Commissioners' Court meeting July 22, 2003 work. The Court next considered the request from Verizon to construct a road bore and 2,812 feet of buried cable installation in the right-of-way of Mancuso Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Verizon and authorized the installation. A copy of the request is attached hereto. The Court proceeded to consider Addendum 1 to the agenda that was a submission of a Mitigation Plan to the Corp of Engineers for the proposed Brazos County Exposition Center. On motion by the County Judge, seconded by Commissioners Jones and Cauley, the Court voted unanimously to submit the Mitigation Plan to the Corp of Engineers. 13 Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Said that there will be a workshop on August 5th to discuss casualty and workers compensation insurance opportunities with representatives of St. Paul. They will also discuss the pros and cons of self insurance. VOL q l PAGE /0 Commissioners' Court meetin, July 22. 2003 14 Under Agency/Board/Committee reports by Court members, the following spoke: Commissioners Jones and Mallard a) Met with representatives of the cities of Bryan and College Station to discuss city elections laws. City elections are held the third Saturday in May. They are working on a bill to either move the elections to the first Saturday in May or to hold the elections in November with the regular elections. County Judge a) He quoted a Research Valley Report stating that there were three (3) new businesses on board with the community. There were 133 new businesses last year. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. VOL 4b PAGE 16 ~ P~ Ia 2 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON zz 200 3 AT 9.'oo .lm g DZLZ~.eh C~Lt li✓. CQ Cc VOL-'~LPAGE / 74 ,J ) ~(C~ VOL 4& PAGE 1 I I BRAZOS COUNTY COMMISSIONERS COURT MEETING ON aa_ 200 9 AT Z ,,)o .9ry( BRAZOS COUNTY, TEXAS LITDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR NO. 02/03-35.1 thru 02/03-35.2 On this the 22nd day of July 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on July 22, 2003 the Courtheard and approved a budget amendment for the 2002- 2003 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted August 23, 2002 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 22"d day of July, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: ze~4 Sims, ounty Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL `fG PAGE 1~ D AZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02iu3-35.1 7/99nnnl FD DIV ACCT PROJ DR/CR ACCOUNT NAlIZE Increase Decrease 43 Courthouse Im rovement Fund _ 43 634301 611300 634303 DR Contin enc $ 10,000.00 43 634301 673420 634303 DR Minor - Furniture 26,000.00 43 634301 672810 634303 DR Electronic - Minor 1,500.00 43 634301 803800 634303 DR Construction - Courthouse 212,900.00 43 634301 807500 634303 DR Architectual Fee $ 22,290.00 43 490280 CR Transfer From General Fd $ 197,690.00 43 490150 CR Transfer From Cap. Imp. Fd $ 75 000 00 , . To record the contractual arranern is for the constuction of the new Coun Court At Law and the related source of Funding 45 General Ca ital Improvement Fund 630005 911100 DR Transfer To Cl Fund 43 $ 75,000.00 630005 803800 CR Irrt rovements-Courthouse $ 75,000.00 To reclassify and transfer funds set aside for the initial costs of the build out of the new court room form the General Improvement Fund 45 to the Capital Im rovement Fund 43 set u to monitor the costs of the construction contract. O1 General Fund 01 911100 DR Transfer To CI Fund 43 $197,690.00 110015 611300 CR Contingency $ 197,690.00 To reclassify and transfer funds required to complete construction costs of the build out of the new court room form the General Fund (01 to the Ca ital Improvement Fund 43 set u to monitor the costs of the construction contract. $545,380.00 $ 545,380.00 VOL LJb PAGE 1 ~3 BRAZOS COUNTY, TEXAS ADJUSTING JOURNAL ENTRY ENTRY JOURNAL DATE/ ENTRY PERIOD _ ACCOUNT NUMBER DATE FUND DIVISION NUMBER PROJECT DEBIT CREDIT General Fund 71403.1 7/23/2003 1 911100 - t $ 197,690.00 71403.1 7/23/2003 1 110052 - $ 197,690.00 To Transfer funds from General Fund to the Captial Improv ement Fund to fm ance the construction of the new county court at law courtroom. General Capital Improvement Fund 71403.2 7/23/2003 45 911100 $ 75,000.00 71403.2 7/23/2003 45 110052 $ 75,000.00 To Transfer funds from General Capital Improvement Fund to the Captial Im provement Fund to fmance the construction of the new county court at law courtroom. Courthouse Improvement Fund 714033 7/23/2003 43 110052 $ 272,960.00 714033 7/23/2003 43 490280 $ 197,690.00 714033 7/23/2003 43 490]50 $ 75,000.00 To record the transfer of cash from the General Fund and the General Capital Improvement Fund to provide the funding for the construction of the new county court at law courtroom 71403.4 7/23/2003 45 110052 $ 14,924.25 71403.4 7/23/2003 45 803800 $ 14,924.25 To reclassify the initial payment to the architect from Fund 45 to Fund 43 Please see attachements 71403.5 7/23/2003 43 634301 807500 634303 $ 14924.25 403.5 71 7/23/2003 43 110052 $ 14,924.25 To reclassify the initial payment to the architect from Fund 45 to Fund 43 Pleasesee ach ements Q Prepared BY; Date: 7/23/2003 O:Forms/JEz 7/11/2003 9:39 AM VOL q6 PAGE I-) /f BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-35.2 FD DI Infrr Technolo ACCOUNT N Increase Decrease W 1400 Non-D 5 1,650.00 1100 CR EExxternal Auditors $ 1,650.00 g To transfer $1,650 from Non-D artmental that had been set asidaudit work b the external auditors and which was not used - and transfer the rmation Technolo fimndsto to rovide fundinthat will allow the old jury services area to be he electronic syste ase see attached uote . N n Too s bud et heen sted b unantici ated ex ditures in the earl art l year. $ 1,650.00 $ 1,650.00 VOL41~r PAGE 115 PERSONNEL CHANGE OF STATUS COURT DATE: July 22, 2003 DEPARTMENT: Personnel PURPOSE: Ap~rove Personnel Change of Status . DEPARTMENT NAME EMPLOYEE N AMEN ACT ION REQUESTED W SHERIFF'S OFFICE/JAIL POINTER, BELINDA RESIGNATION BUSHMAN, TRAVIS RESIGNATION BRAZOS CENTER SCHULTZ, ROBERT R. DISCHARGED Approved in Commissioners' Court: July 22, County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOLY6 PAGE -47 l INTERGOVERNMENTAL AGREEMENT The Bryan Independe ,t School District (the "District"), for the amount of $1.00, agrees to lease to Brazos County (t :e "County"), one double portable classroom building for the purpose of providing academic i-^,enrams to juveniles. This lease will become effective July 1, 2003 and extends through June 30, 2004. Terms of the lease are as follows: 1. This agreement is a renewal of an intergovernmental agreement previously approved by the District on July 15, 2002. 2. The District will provide to the County a double portable classroom building complete with AC units, skirting, access ramp, and blocks. 3. The County is responsible for moving the portable classroom building. The County is responsible for all fees, permits, licenses, and labor to move, set up and install. 4. Before the end of this lease, the County agrees to move the portable classroom building from the County site to a site to be determined by the District. The County will be responsible for all fees, permits, licenses, and labor to move, set up and install. 5. The County agrees to return the portable classroom building to the District in the same condition as was received, normal wear and tear excepted. 6. This lease may be renewed for a period of one-year with approval by the District and County. Approved: Randy s, County Judge Merrill Green, res deny t Bra s County Bryan Independent School District q 1,22 1,9t~ June 16, 2003 Date Date VOL 41P PAGE I T1 COMMERCIAL LEASE AGREEMENT This Commercial rase Agrcement ("Lease") is made and effective 2L 2003, by and between the City of Bj an, Brazos County, Texas ("Landlord') and Brazos County ("Tenant"). Landlord is the owner of land and improvements commonly known as the "Federal Building" and numbered as 216 W. 26t' Street, Liyan, Texas: Landlord makes available for lease a vacant portion of the Federal Building, Room 104 and Room 108B, or 925 Square Feet, more particularly described in Exhibit A (the "Leased Premises'). Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, it is agreed: 1. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Temi' beginning July 22, 2003 and ending September 30, 2004. B- Upon Landlord and Tenant mutual agreement, Tenant may renew the Lease for one extended term of one year. Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than ninety (90) days prior to the expiration of the initial Term. The renewal term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as provided in this Lease. 2. Rental. A. Tenant shall pay to Landlord during the Initial Term rental of $.75 per Square Foot, or $693.75 per month Each installment payment shall be due on the first day of each calendar month during the lease term to Landlord at City of Bryan, Attention: Finance Department, P.O. Box 1000, Bryan, Texas 77805 or at such other place designated by written notice from Landlord. The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. B. The rental for any renewal lease terms shall be the same as set forth in Subsection 2.A. C. Tenant agrees to make rental payments to Landlord from lawfully available current funds. Cummcrcial Lcasc Agreement-Federal Building Pxgc 1 of 7 ilOl q4' PAGE 1' 3. Use. Tenant shall use the Leased Premises for the storage of county documents. Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives or flammables. 4. Sublease and Assignment. Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent and written approval. 5. Repairs. During the Lease term, Landlord shall make all necessary routine repairs to the Leased Premises. Routine repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy. 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following Landlord's consent and writtcn approval to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises- All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant tberea£ter, shall remain Tenant's property free. and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. 7. Property Taxes. Landlord shall be responsible for paying all real estate taxes and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. 8. Insurance. A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. Qommercinl Leaee Agr=oont-Fedml Building Pagc 2 of 7 VOL `f PAGE j q 9 B. Landlord shall maintain fire and extended coverage insurance oa the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsibfe, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. Landlord shall not be required to maintanl m Rurance against thefts within the Leased Premises or the Building. 9. Utilities. Landlord shall pay charges for water, sewer, gas, and electricity. The telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease shall be paid by Tenant unless otherwise expressly agreed in writing by Landlord. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Signs. No signs will be permitted without the Landlords consent and written approval. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 11. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord gives reasonable notice to Tenant, not enter secure areas without escort from Tenant, and shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. Parking. During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. 13. Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to Commercial Lcase Agreement-Federal Building Pagc 3 of 7 VOL Y& PAGE I S() obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease tenn that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant'> purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Lease Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 14. Default. If default shall at any time be made Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, landlord may reenter said premises- Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 15. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 16. Condemnation. If any legally constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 17. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in CommerclRl Lr a Agreement-Pederal Building Pap 4 of 7 VOL 4(p PAGE its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate _ this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute such further instruments subordinating this Lease to the holder of any such liens as Landlord may request. llt the event that Tenant should fail to execute any instrument of subordination herein required to be executed by Tenant prompu'as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating that such other matters as Landlord shall reasonably require. 18. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: City of Bryan Attn: City Manager P.O. Box 1000 Bryan, Texas 77805 If to Tenant: Randy Sims Brazos County Judge 300 B. 26' Street Bryan, Texas 77803 Landlord and Tenant shall each have the right firm time to time to change the place notice is to be given tinder this paragraph by written notice thereof to the other party. 19. Brokers. Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 20. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated- One or more waivers by Landlord or Commercial Lease Agreement-Fedmi Building Page 5 or7 VOL qlv PAGE 13A Tenant shall not be construed as a waiver of a subsequent bicach of the same covenant, term or - condition. 21. Headings. The headings used n this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 22. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 23. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 24. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements nor or hereafter affecting the Leased Premises. 25. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. /I Jay Don Watson, Mayor City of Bryan, Texas ATTEST: yifns, County Judge County, Texas ATTEST: Mary Lynne Stratta, City Secretary Karen McQueen, County Clerk, Brazos County, Texas Commercial Lem Agreemew-Rderal Building Page 6 of 7 VOL 4 w PAGE 1 $,3 APPROVED AS TO FORM: Michael J. Cosentino, City Attomey Commercial Lease ngmemennFederal Building Pegs 7 of7 VOL `fF PAGE 134 ORDER RELOCATINU.' POLLING PLACE FOR ELECTION PRECINCT 21 WHEREAS, there exists at the present time a certe.in polling place which can not be used for the purpose of conducting elections; and WHEREAS, the polling place for Election Precinct 21 is located in the A&M United Methodist Church, 417 University Dr, College Station, Texas; and WHEREAS the Commissioner's Court has been notified by A&M United Methodist Church, 417 University Dr, College Station, Texas, that the church will not be available for use in the upcoming elections; and WHEREAS, the St. Mary's Catholic Church has agreed to allow the polling place for Election Precinct 21 to be located in the St. Mary's Catholic Church located at 603 Church Avenue, College Station, Texas: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to chapter 43 of the Texas Election Code that the location of the polling place be relocated in Brazos County to wit: THAT the polling place for Election Precinct 21 be located in the St. Mary's Catholic Church located at 603 Church Avenue, College Station, Texas; THAT submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. V0L q& PAGE IS6 ADOPTED tl,~ Y day of. ~sul / '2003 by a vote of AYES and D NAYS. ~ ATTEST: l Karen McQueen, County Clerk VOL q& PAGE l c!LE No.710 07/15 '0, F1 1 Oz z 1D EKU_U;> fY ~'ura.ttH~uvu •J RENEWAL ACCEPTANCE rnu[ By signing herewith, Asure Carpet Cleaning agrees to renew Annual Contract for Carpet Cleaning Services, in accordance with all terms and conditions previously agreed to and accepted, and with no increase in price. I understand this agreement will be for the period beginning October 1, 2003 through September 30, 20D4. T ASURE CARPET DY-EING AND CLEANING '7-/ to -03 Authorized Signature *Date BRAZOS COUNTY 1033 . Randy Sims, County Judge Date ;s. a T0'd 9£T8 S69 GeV VOL '-f~ PAGE IS YNI aansa Wtl ZZ=OS £0-9T-7nf m e z 0 F FQ H H Q a V c~ it 0 O O o a= a U 0 C N _a O _ v C a Z a 0 a~i CD U a) `o U n ? o E ° U) m C ro U U 0 m ; m O co U a U UW Z ) m U a co `U v CD c ca v > m (A 2 U U Q o o 0 N 0 O 0 O 0 O 0 N o d' 0 (O 0 O 0 O _0 0 0 f~ 0 (O 0 m CM (n M V M 0 1~ O V 0 M a0 0 O (O O N M M O (O 7 ( N (O (7 7 (7 (O m V V O 7 N L Q Y> E& E4} 6% 6% 6% Ef) fA E9 59 fA <y Vry fA (H O V O O O O O O O O O N N r- w N O w O (O w N O (O 0 M N m co T7 0 N N In m O O M O N c7 (O I~ ^ (O ~ m n 1n O n O) N m N N 7 ( ) Co O Z. O a to Q9 to 9~ 6% 1.0 6M, 60 to 6F) 6% to t9 6- 6- 0 0 O o O o 0 m O m V aD (O O O O N m o N N O V N n U ~ M W N N V O M of O C0 n M O O (o M 00 cV M O C6 CO M It rl N Q W cn to. 64 1 611 .%1 6-1 601 611 C% Cal 'o. tal w 69,1 Q3] W a W ° Q (jq W 0 0 0 O Lo ~ V U) co 0 Obi N O ~..O V ( N N m N co co N (O n N Lr) LL F LU W LLI Z W Q F Z W J F U W U Z O a W Q O W U Q W W Z p Z U W co ¢ U) U) t- m m W = U Q d o Q O F cL O CU w J O H O = (/1 < LU C3 w J ON w t a Q W O ~ Z Z Lu m ¢ i < VOL `~~y PAGE I FILE No.747 07/17 '03 AM 09:12 IDMAMS CTY PURCHRSIN6 RENEWAL ACCEPTANCE FAX:979 361 4293 PA( 2 By signing herewith, Terminix agrees to renew Annual Contract for Pest Control Services, In accordance with all terms and conditlons previously agreed to and accepted, and with no increase in price. I understand this agreement will be for the period beginning October 1, 2003 through September 30, 2004. LCIX OM t AL PEST CONTROL 7 ( ~ Authorized Signature BRAZOS COUNTY County Judge VOL '/(o PAGE 170 7- /2 -d3 Date Date QUOTE TABULATION Pest Control Annual Contract 10/01/02 - 09/30/03 DESCRIPTION VENDOR MONTHLY CHG Provide pest control on a monthly basis for County Offices specified. Ace Pest Control $ 700.00 ABC Pest & Lawn $ 1,185.00 Terminix $ 899.00 Binford Insect Control NO RESPONSE Advanced Pest Control NO RESPONSE Area Wide Pest Control NO RESPONSE K le's Termite & Pest NO RESPONSE Entec Pest Mana ement NO RESPONSE J&M Pest Control NO RESPONSE Ka chinski Pest Control No Worker's Comp Ins RECOMMEND AWARD TO TERMINIX NO WORKERS COMP VOL "f(v PAGE 19 1 Brazos County Purchasing Department 300 E. 26th Street, Ste. 117 • Bryan, Texas 77803 RENEWAL ACCEPTANCE Phone (979) 361-4290 Fax(979)361-4293 By signing herewith, I acknowledge and agree to extend Bid #2003-033, Gasoline and Diesel Fuel, in accordance with all terms and conditions previously agreed to and accepted. I understand this agreement will be for the period beginning August 15, 2003 through August 15, 2004. PETROLEUM TRADERS CORPORATION Authorized Sign ture Michael Him-es, President BRAZOSCOUNTY Approved by: July 14, 2003 Date ~LL~ Date VOL 4 PAGE (9 Lc) co O N F- W N r O O O O O O kin f0 O N h (14 co tc) O O O O O O O O O m V V V O O O m IC1 O N 1n O> 0 0 0 O O O H m = U O LL N O C-4 Z 40 O w O N N W U r QZ 0 .JQZ`- w Q N m Z M O J T O N o m Q O (7 O N V N N c ! O (D r 0 B . 0 N E O ( O U O D co co (O 0 o O w w w Qz Qz zQQ W W W 2 2 2 U) Z w U F- O z z ¢ 2 O O U O f- Z 0 w w w Y m a y LU w O w J 0 w IL U Z 0 Y N 0 NN N Q K m w w w ZZ IL 0 w 3 N Q Z O H Q z Z w O 0 w 5 lsOl'~(a PAGE (~13 INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY AND THE CITY OF COLLEGE STATION WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment and supplies; WHEREAS, Brazos County and the City of College Station desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs and services; WHEREAS, the City of College Station is a Home-Rule Municipal Corporation organized under the laws of Texas and is authorized to enter into this Agreement pursuant to ARTICLE II, SECTION 5 OF ITS CITY CHARTER; WHEREAS, Brazos County and the City of College Station represent that each are independently authorized to perform the functions or services contemplated by this Agreement; WHEREAS, each party has sufficient funds available from current revenues to perform the functions contemplated by this Agreement; WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of supplies and materials; WHEREAS, the participating governments are of the opinion that cooperation in the purchasing of equipment, supplies, services and auctions will be beneficial to the taxpayers of the governments through the efficiencies and potential savings to be realized. NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other as follows: 1. Brazos County and City of City of College Station Purchasing Managers shall be authorized to jointly prepare items, goods, equipment and services to be bid. 2. The Purchasing Managers shall allocate the purchases to be made and the cost of advertising shall be borne equally by each entity. CWrtktr `f 0~ II~ VOL q~ PAGE (~y 3. The Brazos County and the City of College Statism Purchasing Managers shall agree on who is responsible for all such administrative duties as may be necessary to lawfully facilitate processing and preparation of any bids as may be required for the purchase of any commodity provided. The City of College Station and Brazos County shall share equally any and all cash i&ates related to any joint purchases pursuant to this Agreement. 4. Each entity shall pay invoices directly to the suppliers of goods on those items that are invoiced and delivered directly to each respective entity. 5. Nothing in this Agreement shall prevent either entity from purchasing and/or accepting and awarding bids for commodities subject to this Agreement on its own behalf. 6. Each entity shall handle the purchases as any other purchase and ensure that all applicable laws and ordinances have been satisfied. Effective Date and Term. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2003. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Paragraph(s) 8 or 9. 8. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated approval of each governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. 9. Termination. By Brazos County or the City of College Station. This Agreement may be terminated at any time by Brazos County or the City of College Station, with or without cause, upon thirty (30) days written notice to the other parties in accordance with Paragraph 12 herein. 10. Hold Harmless. Brazos County and the City of College Station agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement. 11. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The -2- VOL 4- PAGE I g15 parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 12. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered ii person or sent by certified mail to the last business address as listed herein. City of College Station: Purchasing Department City of College Station 1101 Texas Ave. College Station, Texas 77840 Brazos County: County Judge's Office Randy Sims County Judge 300 East 26'b St., Suite 114 Bryan, Texas 77803 13. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supercedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 14. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 15. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 16. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 17. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 18. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. -3- VOL 14~ PAGE (C1167 19. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 20. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 21. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. CITY OF COLLEGE STATION BY: RON S V , Mayor DATE: 3 - j, p -,*.S ATTEST: \kM-\ ~ ova kcj\- CONNIE HOOKS, City Secretary BRAZOS BY: DATE: ATTEST: KAREN MCQUEEN, County Clerk APPROVED: OMAS ASE. B R, ' Manager 40 3P la.3 City Attorney 4CHESCjRY3W~irector of Fiscal Services -4- VOL 44G PAGE DEPOSITORY CONTRACT THIS DEPOSITORY CONTRACT is made and entered into on the date last herein written by and between BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR", and FIRST AMERICAN BANK, SSB, organized under the laws of the United States and authorized by law to do banking business in Brazos County, Texas, and now conducting such business in said Brazos County, Texas, hereinafter called "BANK". DEPOSITOR, through action of its Commissioners Court, hereby designates BANK as a depository for the period beginning June 1, 2003, for a term of four (4) years not to extend beyond May 31, 2007. This contract is to cover all accounts owned by the County and all funds held in trust by the DEPOSITOR and placed on deposit with BANK. At the end of this four-year contract, BANK agrees to a 90-day extension if necessary to provide time for contract negotiations and a transaction period. BANK's application for Depository Contract, including Request for Proposal, all exhibits, attachments, and addenda thereto, is incorporated and made part of this contract for all purposes, however, to the extent that any provision therein conflicts with any provision herein, this Depository Contract will control. III. DEPOSITOR reserves the right to-make external investments in accordance with the laws of the State Of Texas and the Investment Policy of DEPOSITOR without the assistance of BANK. IV. DEPOSITOR may arrange for time deposits, and BANK may accept and hold such deposits subject to payment in accordance with the terms of the deposit. In the event funds for a time deposit are not withdrawn from a transaction or savings account at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITOR's account from which funds were withdrawn to establish the time deposit. Interest shall be calculated at the rate which BANK has proposes or the particular denomination and time period of said deposit at competitive public offering for said deposits (see Exhibit E attached). Time deposit maturities will not extend beyond the termination of this Agreement without the expressed consent of the BANK. V. Account interest due to the DEPOSITOR or, if earnings against which BANK fees may be offset are insufficient, payment for services due to the BANK will be calculated and settled monthly based on the information in Exhibits C, D. E, F, and G. Page 1 of 4 VOL 46 PAGE 19S VI. BANK shall execute a County Depository Pledge Contract with DEPOSITOR in the time and manner as provided by law and the same shall be attaches: s!: Exhibit B and incorporated herein for all purposes. VII. All notices, demands, or other writings may be delivered by any party hereto to the other, by United States Mail or other reliable courier at the following addresses: DEPOSITOR: Randy Sims, County Judge Brazos County, Texas 300 East 26th Street Bryan, Texas 77803 COUNTY TREASURER: Kay Hamilton Brazos County, Texas 300 East 26th Street Suite 313 Bryan, Texas 77803 TRUSTEE: Federal Home Loan Bank of Dallas Attn: Securities Safekeeping Department 8500 Freeport Parkway South, Suite 100 Irving, Texas 75063-2547 BANK: First American Bank, SSB Attn: George Lea P O Box 1033 Bryan Texas 77805 The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party to the other two parties as above provided. Vlll. The BANK shall deliver to the Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its Board of Directors approving this contract and the execution thereof. The BANK shall deliver to Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its Board of Directors indicating the authority of an individual(s) to pledge collateral on behalf of the BANK. IX. Either DEPOSITOR or BANK, with just cause, shall have the right to terminate this agreement prior to the expiration date by providing advanced written notice to the other party of its election to do so, and this agreement shall be void from and after the expiration of ninety (90) days after the receipt of such notice, provided all provisions of this agreement have been fulfilled. Page 2 of 4 VOL 4PAGE 199 X. This agreement is entered into and is performahle in BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising Out of or related to this contract, or out of any disputes between the parties concerning the subject ,natter of this contract or arising out of the violation or application of any law governing the subject and Or of this agreement (including but not limited to the Public Funds Collateral Act, 2257) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS. Depository Contract, Brazos County Request for Proposal No. 2003-028 and BANK's response to RFP No. 2003-028, and the County Depository Pledge Contract represent the entire agreement between the parties and supersedes any and all representation or agreement, both oral or written, not therein reflected. If any conflicts or inconsistencies shall arise among the terms of this agreement, Proposal No. 2003-028, and BANK's response to said Proposal, the terms of this Contract and Depository Pledge Contract shall control, then the terms of Proposal No. 2003-028 and then the Response. EXECUTED this ?Jfd day of JCJ duly authorized officers of the parties hereto. FOR FIRST AMERICAN BANK, SSB FOR BRAZOS COUNTY: I EA- 2003, by the undersigned sup (Title) -71-7103 (D te) ~CI ft 1~ t/ S1 IdQP, (Title) U 21.9a1c)2 (Date) Page 3 of 4 VOL44~ PAGE Xf THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, on this day personally appeared of FIRST AMERICAN BANK, SSB, known to me the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the FIRST AMERICAN BANK, SSB, a Texas Savings Bank, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the L AA 2003. r~ / Z / Notary Public, Stale 6LIaxas Printed Name: C4rl AYYY)'1 Commission Expires: 02'" a1 - (Q 41 THE STATE OF TEXAS § COUNTY OF BRAZOS § qty "r Store Of Tiny & E MANNNG My CommWW Ej#w FEBRUARY 27 2008 BEFORE ME, on this day personally appeared 1-1A c u// r' X1 +y ~vQSI~ of BRAZOS COIJ TY, TEXAS known to me the person whose n e is subscribed to the forgoing instrument,/and acknowledged to me that he executed the same as the act and deed of the BRAZOS COUNTY, TEXAS, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the of AX.A 2003. `=oY ^ BEATRIZ D. GREEN ` Notary Pod, Slate of Too My Ca raiisdm EVIm ?o... JUNE 11,2006 Printed Name: Commission Expires: Page 4 of 4 VOL PAGE del BANK, and BANK shati have one (1) business day after receipt of such notice to cure such failure, insolvency, or breach. In the event that BANK shall fail to cure such failure, insolvency or breach, within such one (1) business day, BANK shall be in default, and it shall be the duty of TRUSTEE, upon demand of DEPOSITOR. !o surrender to the Commissioners Court in and for DEPOSITOR the collateral being held by i'RUSTEE upon receipt of a certificate whereby DEPOSITOR certifies that BANK has failed to perform its obligations under this contract, has otherwise breached this contract, has suspended operations. or has become insolvent. BANK agrees and hereby instructs TRUSTEE that a copy of this agreement attached to the certificate(s) shall serve as BANK's consent and approval for DEPOSITOR to sell and/or convert all or any part of the collateral to the use of DEPOSITOR. BANK agrees and is bound to provide any other approvals or consents TRUSTEE may require in order to release the collateral for DEPOSITOR's use. The parties further agree that DEPOSITOR may seek an order or declaration or order of a court of lawful jurisdiction in the event that BANK does not comply with this provision or in the event TRUSTEE refuses to surrender the collateral to the Commissioners Court of Brazos County, with all costs and attorney's fees incurred by DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it, together with all expenses of any and every kind incurred by it on account of such failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said proceeds or collateral remaining unsold. VI. In the event of default as described in the above section, DEPOSITOR shall have the right to sell such collateral at any public or private sale at its option, without advertising such sale, upon not less than three (3) business days notice to BANK and TRUSTEE. Said notice shall include the time and place of the sale. In the event of such sale, DEPOSITOR, after deducting all legal expenses and other costs, including reasonable attorney's fees, from the proceeds of such sale, shall apply the remainder on any one or more of the liabilities of BANK to DEPOSITOR, including accrued interest, and shall return the surplus, if any, to BANK or its receiver or conservator. VII. If Bank shall desire to sell or otherwise dispose of any one or more of said securities pledged as collateral, it may substitute for any one or more of such securities other securities of the same or greater market value and of the character authorized herein and by the Public Funds Collateral Act with the approval of DEPOSITOR. Such right of substitution shall remain in full force and may be exercised by BANK as often as it may desire; provided, however, that the aggregate market value of collateral pledged hereunder shall be at least 102%. The consent of DEPOSITOR must be obtained for a security to be released as collateral. Before a security is released from collateral that is to be replaced, BANK must present to TRUSTEE the replacement collateral that is being offered, and TRUSTEE must accept such replacement. A written report detailing the substitute collateral will be delivered to DEPOSITOR. VIII. If at any time the aggregate market value of such collateral becomes less than 102% of the total sum of DEPOSITOR's funds on deposit with said BANK, BANK shall immediately deposit with TRUSTEE such additional collateral as may be necessary to cause the market value of such collateral to be equal to or greater than the total amount of required collateral. A written report detailing the additional collateral will be delivered to DEPOSITOR. BANK shall be entitled to income on securities held by TRUSTEE unless there is insufficient collateral on deposit with the TRUSTEE to cover the public funds as required by this contract. Approval of DEPOSITOR will be required for BANK to receive any income while a collateral deficiency exists, and if the collateral Page 2 of 6 110L'4( PAGE JO-3 deficiency is nc seasonably cured and DEPOSITOR's consent is not given (in writing), the income becomes collateral for public funds to the extent of the collateral deficiency. IX. If at any time the collateral in the hands of TRUST EE shall have a market value in excess of 102% of the balances due DEPOSITOR by BANK, the DEPOSITOR shall authorize the release of excess collateral (to be a specified amount of collateral) by the TRUSTEE. A written report detailing the collateral released will be delivered to DEPOSITOR. X. When the relationship of DEPOSITOR and BANK shall have ceased to exist between DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of DEPOSITOR, and, if all obligations under this agreement and applicable law have been fulfilled. TRUSTEE will be authorized to deliver all collateral being held for the benefit of DEPOSITOR to the BANK. XI. This contract is subject to, and incorporates, the current laws governing the relationships between counties, depositories and custodians/trustees and related entities as established by the Texas Local Government Code, the Public Funds Collateral Act, and Vernon's Annotated Texas Civil Statutes, and any amendments or revisions thereto. BANK warrants and represents that it shall comply with all applicable laws, rules, and regulations that govern or apply to this contract. BANK further warrants that in the event that it is aware of any violation of applicable laws, rules and regulations, it will bring the event to the attention of DEPOSITOR immediately and shall deliver notice of such event to DEPOSITOR in writing within three (3) business days. DEPOSITOR agrees that it shall comply with all of its obligations under all applicable laws, rules, and regulations that govern or apply to this contract. XII. This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising out of or related to this contract, or out of any disputes between the parties concerning the subject matter of this contract or arising out of the violation or application of any law governing the subject matter of this agreement (including but not limited to the Public Funds Collateral Act, 2257) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS. XIII. All notices, demands, or other writings may be delivered by any party hereto to the other, by United States Certified Mail, return receipt requested, or other reliable courier at the following addresses: DEPOSITOR: Randy Sims, County Judge Brazos County, Texas 300 East 26th Street Bryan, Texas 77803 Page 3 of 6 VOL PAGE aO COUNTY TREASURER: Kay Hamilton Brazos County, Texas 300 East 26th Street Suite 313 Bryan, Texas 77803 TRUSTEE: Fedp.ral Home Loan Bank of Dallas Attn: Securities Safekeeping Department 8500 Freeport Parkway South, Suite 100 Irving, Texas 75063-2547 BANK: First American Bank, SSB P.O. Box 1033 Bryan, Texas 77805 Attn: George Lea The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party to the other parties as above provided. XIV. BANK represents that the collateral pledged to DEPOSITOR is not otherwise assigned, pledged or encumbered and that no lien, or security interests exist other than the security interest held by DEPOSITOR pursuant to this agreement. Possession of the collateral by TRUSTEE is intended as perfection of DEPOSITOR's security interest therein. BANK warrants that the collateral (in the form and amount required by the Public Funds Collateral Act, and by this contract) is held by TRUSTEE for the benefit of DEPOSITOR and as security for DEPOSITOR's funds. Should an adverse claim be placed on any collateral pledged to DEPOSITOR, BANK shall immediately substitute unencumbered collateral of equivalent or greater value which meets the requirements of this contract. Xv. All parties to this contract agree to execute any additional documents that may be reasonably required to effectuate the terms, conditions and intent of this contract. XV I. All of the terms and provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. XVII. The BANK shall deliver to the Brazos County Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its Board of Directors approving this contract and the execution thereof. The approval of the Board of Directors must be reflected in the minutes of that meeting, copies of which resolution and relevant portion of the minutes of said meeting are attached hereto. The BANK shall deliver to Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its Board of Directors indicating the authority of an individual(s) to pledge collateral on behalf of the BANK. The execution and delivery of this contract and the pledge of securities as collateral hereunder will not violate or be in conflict with Page 4 of 6 VOL tj,p PAGE X05 the Articics of Incorporation or By-laws of BANK, any agreement or instrument to which BAN may be a party, c,ny rule, regulation or order of any banking regulator applicable to BANK, or any internal policy of BANK adopted by its Board of Directors; and this contract shall be continuously maintained from the time of ils execution as an official record of BANK. EXECUTED this 2? 1) day of 2003, by the undersigned duly authorized officers of the parties hereto. FOR FIRST AMERICAN BANK, SSB: 6EoRt E ~ - a f ignature) FOR BRAZOS COUNTY: THE STATE OF TEXAS § COUNTY OF BRAZOS § la)p (Title) -77 Da e) (s\l1Y\~ / lk ~C1P (Title) (Date) BEFORE ME, on this day personally appeared Gccr- G 71V L gfrA of FIRST AMERICAN BANK, SSB, known to me the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the FIRST AMERICAN BANK, SSB, a Texas savings bank, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 7. of 2003. Printed Name: 5a✓ re'A"Y-)Ind Commission Expires: a - 0-7-" D SANDEE MANNING Notary Pudic, State of Tam My Wnmlasbn E»hea FEBRUARY 27 2008 Page 5 of6 VOL ( PAGE X049 THE STA EOF TEXAS § COUNTY OF BRAZOS § s BEFORE ME, on this day personally appeared G;Unly 3i1d oP, of BRAZOS CC me the perso whose me is subscribed to thl forgoing instrument, that he executed the same as the act and deed of the BRAZOS C purpose and consideration therein expressed and in the capacity therei GIVEN UNDER MY HAND AND SEAL OF OFFICE, ttys the Printed Name: Commission Expires: BEATRV D. GREEN Notary RMC; Oft of reams mycawnlwmft~" JUNE 11, 2006 Page 6 of 6 VOL 'f p PAGE 20) Y, TEXAS known to acknowledged to me ITY, TEXAS, for the 2003. State FIRST AMERICAN BANK, SSB SECRETARY'S CERTIFICATE The undersigned, Denise Maggard, being the current Secretary, of First American Bank, SSB (the `Bank"), a Texas savings bank, hereby certifies that the following is a true and correct copy of Resolutina : duly adopted by the Board of Directors of the Bank at a Board meeting duly held on June 25, 2003, a, -.-~hich a quorum was present and voting, and that such Resolutions are in full force and effect and have sot been amended or rescinded as of the date hereof. FURTHER RESOLVED that the Fierdent, Executive Vice President/Chief Financial Officer, and Executive Vice President/Retail BanLivg (each individually referred to as an "Authorized Officer") of the Bank are each, acting alone and without joinder of any other person, hereby authorized to (i) execute and endorse on behalf of the Bank agreements, signature cards, certificates, checks, drafts, transfer orders, account statements, and any and all other documents or instructions necessary or appropriate to establish, designate, or change authorized signators, transact any business related to, amend, and close accounts (of whatever kind or nature) with other financial institutions or with governmental entities, (ii) enter into depository agreements (including depository and pledge or other collateral agreements) with other financial institutions or with governmental entities and execute and endorse on behalf of the Bank any and all other documents or instructions necessary or appropriate in connection with, and transact any business related to, any such depository agreements, and (iii) execute on behalf of the Bank any and all documents necessary or appropriate to administer, amend, and close retirement plan accounts of the Bank's customers. FURTHER RESOLVED that any Authorized Officer shall have the right to delegate all or any part of the authority granted to such Authorized Officer in any of the foregoing Resolutions to another officer of the Bank, and a Certificate executed by an Authorized Officer of a delegation of authority to another Bank officer shall be full and sufficient evidence of such delegation, and all persons shall be entitled, without further inquiry or investigation, to act in reliance upon such Certificate that the person to whom authority was delegated was acting with such authority. FURTHER RESOLVED that a Certificate executed by the Secretary or an Assistant Secretary of the Bank in office at the date of such Certificate, which Certificate sets forth any of the foregoing Resolutions, states that such Resolution(s) are in full force and effect, and sets forth the name of an Authorized Officer who is then an officer of the Bank, may be relied upon by any third party, without further inquiry or investigation, to assume and to act in reliance upon the effectiveness of the Resolution(s) and the authority granted therein and the office of the Authorized Officer as set forth in the Certificate. The undersigned further certifies that each of the persons named below has been duly appointed or elected, has been duly qualified, and is, as of the date of this Certificate, an officer of the Bank holding the office set forth opposite such person's name. Officer Name Title William C. Atkinson President James L. Wolfe _ Executive Vice President/ Chief Financial Officer Franklin Patterson, Jr. Executive Vice President/Retail Banking Thomas H. Lowery Senior Vice President/Treasurer Ray Starrett Senior Vice President George Lea Senior Vice President IN TESTIMONY WHEREOF, I, Denise Maggard, Secretary of First American Bank, SSB, hereunto set my hand this the 14th day of .lulu 2003, and certify to the foregoing. Denise Maggad, Secretary Rswlutiaea\2003VSeaHV y('wLlepeq(CTSAiIAUWJO~~uvCO.)-14-0J.doc VOL % PAGE X03 FIRST AMERICAN BANK, SSB AUTHORITY DELEGATION AND CERTIFICATE The undersigned, William C. Atkinson, being the current President of First American Bank, SSB (the `Bank"), a Texas savings bank, hereby delegates to Thomas H. Lowery, Senior Vice President/Treasurer of the Bank, Ray Starrett, Senior Vice President of the Bank, and George Lea, Senior Vice President of the Bank, authority, each acting alone and without joinder of any other person, to execute a Depository Contract and a County Depository Pledge Contract with Brazos County, Texas, on behalf of the Bank and to execute and endorse on behalf of the Bank any agreements, signature cards, certificates, checks, drafts, transfer orders, account statements, and any and all other documents or instructions necessary or appropriate to transact any business related to, amend and close accounts, and enter into depository agreements on behalf of the Bank in connection with such Contracts with Brazos County. The undersigned hereby certifies that William C. Atkinson, James L. Wolfe, Franklin Patterson, Jr., Thomas H. Lowery, Ray Starrett, and George Lea pursuant to Resolutions duly adopted by the Bank's Board of Directors on August 27, 2002, and pursuant to the foregoing delegation, are duly authorized to conduct the Authorized Transactions on behalf of the Bank. IN TESTIMONY WHEREOF, I, William C. Atkinson, President and Chief Operating Officer of First American Bank, SSB, hereunto set my hand this 23 "day of J u e , 2003, and certify to the foregoing. ~ J4144. 0. 04%~. William C. Atkinson President Resol.tions\2003\ORrerDelegationCen.Bmw5CoDep.2003.do VOL'& PAGE dC y FMST AMERICAN BANK, SSB SECRETARY'S CERTIFICATE The undersigned, Denise Maggard, being the current Secretary of First American Bank, SSB (the "Bank"), a Texas savings bank, hereby certifies that the following is a true and correct copy of Resolutions duly adopted by the Board of Directors of the Bank at a Board meeting duly held on June 25, 2003, at which a quorum was present and voting, and that such Resolutions are in full force and effect and have not been amended or rescinded as of the date hereof. FURTHER RESOLVED that the President, Executive Vice President/Chief Financial Officer, and Executive Vice President/Retail Banking (each individually referred to as an "Authorized Officer") of the Bank are each, acting alone and without joinder of any other person, hereby authorized to (i) execute and endorse on behalf of the Bank agreements, signature cards, certificates, checks, drafts, transfer orders, account statements, and any and all other documents or instructions necessary or appropriate to establish, designate, or change authorized signators, transact any business related to, amend, and close accounts (of whatever kind or nature) with other financial institutions or with governmental entities, (ii) enter into depository agreements (including depository and pledge or other collateral agreements) with other financial institutions or with governmental entities and execute and endorse on behalf of the Bank any and all other documents or instructions necessary or appropriate in connection with, and transact any business related to, any such depository agreements, and (iii) execute on behalf of the Bank any and all documents necessary or appropriate to administer, amend, and close retirement plan accounts of the Bank's customers. FURTHER RESOLVED that any Authorized Officer shall have the right to delegate all or any part of the authority granted to such Authorized Officer in any of the foregoing Resolutions to another officer of the Bank, and a Certificate executed by an Authorized Officer of a delegation of authority to another Bank officer shall be full and sufficient evidence of such, delegation, and all persons shall be entitled, without further inquiry or investigation, to act in reliance upon such Certificate that the person to whom authority was delegated was acting with such authority. FURTHER RESOLVED that a Certificate executed by the Secretary or an Assistant Secretary of the Bank in office at the date of such Certificate, which Certificate sets forth any of the foregoing Resolutions, states that such Resolution(s) are in full force and effect, and sets forth the name of an Authorized Officer who is then an officer of the Bank, may be relied upon by any third party, without further inquiry or investigation, to assume and to act in reliance upon the effectiveness of the Resolution(s) and the authority granted therein and the office of the Authorized Officer as set forth in the Certificate. The undersigned further certifies that each of the persons named below has been duly appointed or elected, has been duly qualified, and is, as of the date of this Certificate, an officer of the Bank holding the office set forth opposite such person's name. Officer Name Title William C. Atkinson President James L. Wolfe Executive Vice President/ Chief Financial Officer Franklin Patterson, Jr. Executive Vice President/Retail Banking Thomas H. Lowery Senior Vice President/Treasurer Ray Starrett Senior Vice President George Lea Senior Vice President IN TESTIMONY WHEREOF, I, Denise Maggard, Secretary of First American Bank, SSB, hereunto set my hand this the 14th day of ,rule 2003, and certify to the foregoing. Denise Maggard, Sec etary Resolntiov@o03\SecrtlaryCer1.LeverotCrttlilAUthJOnaCo.)Id-03.doc VOL6PAGU/© 1 9 9 7 ED IT I ON AIA DOCUMENT A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM A G R E E M E N T made as of the Ttenty second in the year Two Thousand and Three (In words, indicate day, month and year) day of July This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. B E T W E E N the Owner: (Name, address and other information) Brazos County 300 E. 26th Street Bryan, Texas 77803 and the Contractor: (Name, address and other information) Bryan Construction Company P.O. Box 4087 Bryan, Texas 77805-4087 The Project is: (Name and location) Additions and Renovations to the Brazos County Courthouse County Court at Law No. 2 300 E. 26th Street Bryan, Texas 77803 The Architect is: (Name, address and other information) Patterson Architects 701 S. Texas Avenue Bryan, Texas 77803 The Owner and Contractor agree as follows. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ® 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws aV o t s t thepil/t6 t k prosecution. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. •iiir,~• 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 1 MF CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other .Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, othei documents listed in this Agreement and Modifications issued after execution of this Agreement; these foam the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated l.crein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representa- tions or agreements, either written or oral. An enumeration of :he Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. or as follows : qhe $15,000.00 allowance for the purchase and installation of Furnishings- Fixed Seating has been removed from the contract. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechan- ic's liens and other security interests, the Owner's time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than one Hundred 9tenty (120) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) or ;20 November 2003. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) - liquidated damages at the rate of One Hundred and 00/100 Dollars ($100.00) for each and every calender day that substantial completion is delayed after the date specified for substantial o 0 cc ripletion. °oo .oo 0 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 V01 4 (F 17a! E 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ARTICLL 4 CONTRACT SUM 4.1 The Own. n shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the (;urtract. The Contract Sum shall be Two Hundred Twenty Two Thousand Nine Hundred Dollars ($222, 900. 00 subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) 4.3 Unit prices, if any, are as follows: None ARTICLES PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Last day of a month, the Owner shall make payment to the Contractor not later than the Fifteen (15th) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, pay- ment shall be made by the Owner not later than Thirty (30) days after the Architect for Payment. issues a Certificate 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submit- ted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architec Ishall be used as a basis for reviewing the Contractor's Applications for Payment. o Owner VOL L PAGE X13 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. o IIII o o. o oQ.~p.oo 0 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 5 1 5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other pr, r; isions of the Contract Documents, the amount of each progress pay- ment shall be computed as foilows: .1 Take that portion of the Contract Sum properly allocable to completed Work as deter- mined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of val- ues, less retainage of five percent ( 5 Pending final determi- nation of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2ol-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent( 5 .3 Subtract the aggregate of previous payments made by the Owner; and Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2o1-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total pay- ments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document Awi-i997 requires release of applicable retainage upon Substantial Completion of Work with. consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A2o1-1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) None 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibil- ity to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. VOL4& PAGE -?14 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. o 1111 o o. o 00 ~.~o 0 01997 AIA® AIA DOCUMENT AI01-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of ?his Agreement, are enumerated as follows: 8.1.1 The Agre,,: cent is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AAA Document A1o1-1997• 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997., as amended. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated May 2003 , and are as follows: Document Title Pages Refer to "Exhibit A" for a list of Supplementary and other conditions contained in the Project Manual. 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages Refer to "Exhibit A" for the List of Specifications contained in the Project Manual. 8.1.5 The Drawings are as follows, and are dated May 2003 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date A-1 Floor Plan A-2 Reflected Ceiling Plan A-3 Details M-1 Mechanical Plans and Schedules ME-1 Demolition Plan E-1 Power Plan and Schedules E-2 Lighting Plan and Schedules P-1 Plumbing Plan and Schedules lrn]_ 4l{ PArF WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. IIII o a. o oQ.~Do 0 ®1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 +!OC q ~ PACE )17 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 8.1.6 The Addenda, if any, are as follows: Number Date +'ne (1) 18 June 2003 Pages Four (4) Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractors bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER ( ' nature)CCITlinissioners C O N a Bryan Construction Court, azos County Texas Ccupany Band)z Sims: Count)r Judge Tarry Rir1gwaay, PT-p-,i dent (Printed name and title) (Printed name and title) 6 , - CAUTION: You should sign an original AIA document or a licensed reproduction. Originals contain the AIA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. 0 19 97 A I A O AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 4tof 4 PAGE X9 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 11F d bit A" TABLE OF CONTENTS Project No. 2228 SECTION DESCRIPTION PAGES DIVISION 00 BIDDING AND CONTRACT REQUIREMENTS 00010 Advertisement 00100 Request for Proposals 00500 Agreement Form 00700 General Conditions of Contract (AIA Doc. A201, preprinted) 00800 Supplementary Conditions DIVISION 01 GENERAL REQUIREMENTS 01010 Summary of Work 01015 Drawings and Specifications 01020 Allowances 01050 Job Requirements 01060 General Requirements for Renovation Work 01080 Building Codes 01300 Submittals 01500 Temporary Facilities 01640 Substitutions 01700 Project Closeout DIVISION 02 SITEWORK 02110 Demolition DIVISION 03 CONCRETE (NOT USED) DIVISION 04 MASONRY (NOT USED) DIVISION 05 METALS (NOT USED) DIVISION 06 WOOD AND PLASTIC 06100 Rough Carpentry 06200 Finish Carpentry & Millwork DIVISION 07 THERMAL AND MOISTURE PROTECTION 07200 Thermal Insulation 07900 Sealants DIVISION 08 DOOR AND WINDOWS 08110 Metal Doors and Frames 08213 Plastic Faced Doors 08700 Finish Hardware (Scheduled) 1 18 1 1 9 1 2 3 3 4 1 3 3 3 4 3 4 9 2 4 3 4 5 Vol 4- PAGE I "Exhibit A" Continued TABLE OF CONTENI S Page 2 2228 SECTION DESCRIP7]:'"y PAGE DIVISION 08 08800 CONTINUED Glazing DIVISION 09 FINISHES 09250 Gypsum Wallboard 6 09510 Acoustical Ceilings 4 09650 Resilient Flooring 5 09680 Carpeting 4 09900 Painting 9 09950 Vinyl Wall Covering 4 DIVISION 10 SPECIALTIES 10100 Markerboard 3 10400 Identifying Devices and Graphics 3 10522 Fire Extinguisher Cabinets and Fire Extinguishers 3 10800 Toilet Accessories 3 DIVISION 11 EQUIPMENT 11132 Projection Screens 2 DIVISION 12 FURNISHINGS 12502 Horizontal Blinds 3 DIVISION 13 SPECIAL CONSTRUCTION (NOT USED) DIVISION 14 CONVEYING SYSTEMS (NOT USED) DIVISION 15 MECHANICAL 15010 General Requirements For All Mechanical/ Plumbing Work 15 15050 Plumbing Pipe and Pipe Fittings 2 15090 Supports, Anchors, and Sleeves 2 15250 Piping and Equipment Insulation 2 15450 Plumbing Fixtures and Trim 3 15813 Sheet Metal Duct Systems External Insulation 3 15840 Ductwork 3 15860 Duct Accessories 3 15870 Air Outlets 2 15990 Testing, Cleaning, and Balancing 4 15991 Facility Management and Direct Digital Control System 16 VOL PAGE a-2 0 "Exhibit A" Continued 2228 TABLE OF CONTENTS Page 3 SECTION DESI,."71TION PAGES DIVISION 16 ELECTRICAL 16000 General Requirements For AL, Electrical Work 16 16110 Raceways 5 16120 Wires and Cables 3 16121 Wire Connections and Devices 2 16130 Boxes 4 16141 Wiring, Devices 3 16450 Grounding 2 16500 Lighting 3 16760 Sound System 2 END OF SECTION VOL 'Ib PAGE 2 ~2/ BRAZOS CGUNTY COMMISSIONERS' COURT Ai, i :'ON FORM DEPARTMENT Road and Bridge NUMBER 560010 7W C~~j DA7EE OF COURT MEETING: July 22, 2003 ITEM: Request from City of Bryan to construct a road bore for sanitary sewer line installation in the right of way of Old Reliance Road near its intersection with Wallis Road. Site is located in Precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: A) No work will be permitted between front slope and/or back slope. B) All installations shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: v- Richard F. Vance, P.E. Commissioner Duane Peters County Engineer Precinct 2 0003-070 Request is Approved Ll I Denied ❑ by Commissioners Court Date: as S Rand ims, County Judge VOL W PAGE a 07/08/03 14:40 $409 775 0453 BRAZOS CO RD&BR REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) C (-ry OF BRyAJ proposes to place a (ty ~e SANITA within- across--.Y the right-of-way of (road) OI-D IZELIQcy in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3_ Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way- 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the I day of :U6 20 03. Firm: CITY OF RRYAnJ By Title: /4SST. T( ~N612• Address: P.0, BOX /Goo g RyArJj TX -7? ?0.45" Phone: Q lq 207_,e-o30 APPROVED BY COMMISSIONERS' COURT ON_ Date Randy Sims, County Judge la 002 2~ C'reai,J 7- 2 D /d5 SW~3~~ ~ r✓`~D M q PAGE a a 3 1 1 1 0 I..L G Z U O M ERKA ROAD u 0-4 F t O J W K WALLIS p ROAD 0 0 U Z Q J W K J O STq~ H/GyK,gY B O M O O LC) Q N L ij . . Z J ~ Q ~ U VOL4(p PAGE 'ad 4 U) VOL_Lf~') PAGE t "N i VOL U(- PAGE 2 Ltuu 1 yn1.....eM k ~y VOL.PAGE BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: July 22. 2003 ITEM: Permission to enter Woodrow Gilpin's property located off Mize Road for the purpose of removing a dead tree from county road right of way. Site is located in SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS SUBMITTED BY: Y/ K~ Richard F. Vance, P.E. County 0003-071 This Request is,,pprovei Date: J.2 . LU\/ ~E APPROVED BY: Commissioner Duane Peters Precinct 2 ied❑ by Commissioners Court , County Judge VOIL 46 PPAGE 30 Engineer BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jones Commissioner PC 1 Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pct 3 Carey Cauley Commissioner Pcl4 Date July 9. 2003 LAND OWNER AND ADDRESS Woodrow and Lucille Gilpin 75~y7 rn,~~ .eaad' ?7~rJR LOCATION OF WORK Intersection of Mize Road and Grassbur Road III. DESCRIPTION OF WORK TO BE DONE Permission to enter private property for the purpose of removing a dead tree from county road right of way. IV. MAINTENANCE YES_ NO X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: (Owner will otified prior to maintenance) Richard F. Vance, P.E. Engineer Aide / Foreman I Right of y Agent County Engineer , Owner's Signature: DATE - l VOL ~0 PAGE a,31 BRAZOS COUNTY 2 I COMMISSIONERS' COURT ACTION FORM J L DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: July 22, 2003 ITEM: Request from Verizon to construct a road bore and 2,812 feet of buried cable installations in the right of way of Mancuso Road. Site is located in Precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITT BY: APPROVED BY: Richard F. Vance, P.E. Commissioner Duane Peters County Engineer Precinct 2 0003-072 This Request is Approved L"J / Denied ❑ by Commissioners' Court Date: Randy County Judge VOL qlO PAGE a3 veri on July 15, 2003 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 Enclosed are From ED-135 and a work location sketch showing the location of our proposed communications cable line on county roads in Brazos County at Bryan, Texas. This work is to be completed on Work Order 5413 - 3F001 EC which is scheduled for July 28, 2003. If you have any questions concerning this work, please contact Joe Young at our office in Bryan, telephone 979-821-4303 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, e-- 6a"It a-e~ John Arnold Supervisor - Network Engineer JA:ec Attachment Xi2 c T 2 R,g y C'n.or.J D/ /d5 5(J31)-)a' Ted VOL `44 PAGE ' VERIZON COMMUNICATION Notice of Line Installation July 15, 2003 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Verizon will place 2812 feet of buried communications cable along the northwest right-of-way of Mancuso Road. This cable is 1.63 inches in diameter and will be placed 3 feet in the right-of-way at minimum depth of 30 inches. A plastic sub-duct conduit 1.5 inches in diameter will also be placed with the buried communications cable. The cable will be placed from the pedestal just past 3912 Mancuso Road to the intersection of Mancuso Road and FM 974. This will required boring Mancuso Road. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verzon 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 July 28, 2003. RIZON COMMUNICATIONS 6413-3FOOIEC J hn Arnold Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 VOL uLPAGE m % m a - z o ' W ; m m m m _ e ° v O mom .w . U a w 3 ~ <e'ry - a f Z W. - U w w Q ti by ¢ W ¢ a O z Q ~ _ rye 0 a N u V W W W d W Ct u J 3 1w IT Q o a ` ¢ w w ° F z> n d 4 m a 0 B O m LL o 0 M V7 Z Q J 31ebJ bd ¢02 H11N 0318 ne iJ enS .S'~ z C ¢ Z O 00.0 tl1S - ° w ; 3 ~3 j M Z p u W W W: 0 CO H Wit : d w > V r a 2 w F. Q 1" N 1 a :1 W 3 > o a ao LL Q U Q ;1 Zj o W O C7 Oy W Z N Q O m',1 b J > a m b a w O m = m Ld - w f a m m w O Z 1 U LL Q a mnNNm W Z w U mu i BNmd- :z_a~ Z O > Co Ni rv m ^ O ¢ J N W = J:' a a bN vn N O Y 1 m n n roa Q Q O ' m ng w U O N ji ri_m N m > U II a ~W~~ B Q j N N m f ~m~ d 37N3d 38In 0388tl8 f9+6 V15:1 my .a uo v mow No z N 6 J% V o i W 1 W J ~ m 1 f N i a^ a J a 3 LLJ m is mmv a: 9 g9 $ t @ m O LIJ N S W N 'm mN y ~qg i! ~ 6(p a Y~ ( 99a g G N Z w w w mm N ( r ( i • F S F Q O O m Nm& ;s 00 Z ~ yS9 5 M [ q}Y , i ? al mo ~ e 9T ty`- l3 b d ? Z % Q . i ® s o i a E~~Ip E ;yq2°°p~ i Y a I 9 2 o w w W N me :i ' u ~ e £2- qT, et ;I a; y figgpIV CC w w w Lr) w w > LLJ b v :1 a A j § (D M Z arv gX ma °o" ii °m ~F alifil BB! a~ : U7 CO N ii a..r~~ _j U U U N, mm N > F a NWNm J W'1 j w 0 O °Dm. N mm Z:1 W:1 b m z m co NI'Imlalf 1u110 w Q'~j ¢ _ - O N (/1 • vNQ J% W:1 m W a co y m LL W O Q O W o f n J Z Z d b _ (n w Q Q N a? ''i b w m N J J J J Q m II - a J CO Q Q O] Q J d LL U I U If) a ' W Er O Q U U Z d u. N U Q Q 3 :1 M O J J O O J d 0- 0 w ° :1 N 805-1 _ _g_____ Oki osnDNVW Q - - ---B-0-S-- -1 t % W W ms V S Qz m0 c w w t r O -1 2 r, VOL ± PAGE Z J ° p y'a : 3 ' t SEE wP= 6 , , i m ° m m _ m i ao yy~y ~ I , a a z ~ a & ~ 8 ICS F i N w J Y y 8 ~t ! Y = b , ~ ° i ¢ a a ( J a qq n . Z a y 7 ~q b: ~~':ia~ ~bY d Y m i w U m w~ 9 ~_NWykL p a, a K o w > b y oS~y Y 8 n ° !i~ o $o o 4 NYC. Y p ccY Y~ m' m ' 3NIl 33N3j s x o z ~ z Ln Y p y'yy ~j Y>i°u.5oa i°b' W i N i in o LL ¢ m b 3~Y$ ? tY__1 Y 1 z m e dN 8 ~'e33833K 883 O 'rv~l:dd ~d• 9 o , L _ Q 1 Z a 1 Q u , a 1 m ~ i i 1 i LD 1 ' O Ir i , O J ' ~ GRAVEL OR 1 STa 10~83i u ' z Q OLD PIPELINE 7: STa 10-20: L7 z O CD 00 J Q 00 1 In 1 3 CD i O ° L508/Poll 3NIl 3JN3d ¢ STa 9.00 1 z 00 ^ j m a ~ w N a b w w co a ; c ~ w r1 m E o m - m - m ' -^M" m W 1 u N NW Vm mN J' 7 yJ 7 N a) 0Q' i f- a m 1I'1mm m00 m 7) m4~a C; N("1 cow v,0 j } cn O • vNQ JX , W W Q 7 a 1 0 ,n m j 7 J J J Z Q J m Q Q Q w U W w ' Q W U U Q DO O J C J a 1 1 ' i , a w <1 Q 1 1 w PAGE 2 3(~ t ( z Z b °dM 33S VOL c N m N b' N a STA 27.52 L508/PD14-5% r I II 1 ~ I O ' 1 I m ~ ~ Im I~ 1 IJ I I O ¢ ' ' na ~ v m m ' ^ N a I m nN P ~I(1NN 1- I ~ N P ' ~ la NNN NN ^ 0' ~ nN. a nNm ma^w Nn LL , p d 0 m m N m m ~Db2m m ~ ~a m 00 S_ F m ~ _ ry 0 b0 a O 8b1 6~6 c. . 6 STA 25-13 ( GRAVEL DR i P i m N 1 N m a 1 e bm ~a 1 ui N and 1 N p y ml QZm~ m ml NW~mm mN J~ Q ~F mmNN iD~ ~ ~ ('l ll ((,,d~ama v va NI"i wo NO j v m nm NQ Jx 1 riN p`N 1 N . b ryNe m 1 ~NNN PN 1 NN m ~ ~ m£m~ VU 1 m 1O I = } Z Pa +~1 ~m i W 1 ¢ w 4Y d Y ¢JO a V p Z J 1 O O 0: (n w CC u (r Efi S g 1 w d- e STA 19 Z a .74 a w Y`k by 1508/P013 1 Vla O as P{B~~YN y. g Yj 1 0~3¢J Qb[ e`t fkb GRAVEL OR U w 3 p STA 19.48 1 W(nNww W-91 ww=a¢ `4- u pp aqY` - Zo~0o 3E6 by 3zx YY-Hy&--- V 1 ~$318l I1C883 If! g 1 •4A:A4 ..I a M 1 )'y' y3 H -'3 m m m _ i~ - m w ¢ o ° m m 0 p z r ~ w Q £ w J Nj ~ O ~ z a e o ~ ' a x w w w m ~ ~ r m w ~ m o o ~ ~ - S O U U p z ~ m N Q O y~ d o ~ m a m N O_ n ¢ N a w w W > U r 3 J > O 3 ~ ~ O 3 O D: z W W W ('1 a t` Q' f CD z O J ¢ O Z Q O (n O N W_ N W J _J Z ~ a ~ ~ E ~ O U W W Z LL O Q J U 03 ¢ DJ J W J J J -i Go ¢ Q Q > U W c w W ¢ U (n U Q m O J O J d B a a 3 w W In ¢ w ¢ w 0 Z 4 ENDANGERED SPECIES ASSESSMENT BRAZOS COUNTY EXPOSITION CENTER BRAZOS COUNTY, TEXAS by Fred E. Smeins Ecological Consultant 9233 Brookwater Circle College Station, Texas 77845 979-693-1088 smeins(a)cox-internet. com for Jim Singleton Architects 1500 University Drive College Station, Texas77840 December 2002 I VOL_J~_PAGE )3,5 December 14, 2002 Fred E. Smeins Ecological Consultant 9233 Brook-water Circle College Station, Texas 77845 Tim Singleton Architects 1500 University Drive E., Ste A College Station, Texas 77840 Dear Mr. Singleton: Enclosed please find my endangered species assessment report for the proposed Brazos County Exposition Center property. As indicated in the report no species were found and none are suspected to occur there. The report can be passed on to Alan Plummer Associates, Up, fa include with their environmental assessment of the property. If there are any questiofter clarifications required relative to the report please feel free to contact me if necessary. A statement of charges is enclosed. Sin-, d7~r~ .1~ Fred E. Smeins VOL U ~ PAGE 131 ENDANGERED SPECIES ASSESSMENT Proposed Brazos County Exposition Center INTRODbCTInN An endangered species survey was conducted of an approximately 158 acre area in Brazos County, Texas, which is the proposed site of the Brazos County Exposition Center. It is located east of Bryan, Texas on the Bryan West Quadrangle Map. It is bounded on the southwest by State Highway 47, on the northwest by Leonard Road (FM 1688) and on the southeast and southwest by Jones Road (Figure 1). SITE DESCRIPTION The area occurs within the Post Oak Savannah/Woodland Ecological Region. Currently the upland areas are a mix of post oak (Quercus stellata) savannah/woodland with varying degrees of shrub (primarily yaupon Ilex vomitoria) and grass/forb understory, and areas previously cleared for crops or pasture that have varying densities of huisache (Acacia smallir) and mesquite (Prosopis glandulosa) with a grass/forb understory matrix.. Lower slopes, stream margins and stream floodplains are mostly nearly closed canopy post oak and water oak (Quercus nigra) woodland and forest with the understory varying from sparse to dense yaupon cover. Drainage of the area is generally from southeast to southwest by tributaries of Thompson Creek The upper reaches of these drainages beginning on southeast are ephemeral, while to the southwest they become intermittent as the main stream approaches Highway 47. Two on channel stock tanks occur on the site. The area is underlain by the Yegua geologic formation. The majority of the upland soils are fine sandy loams in the Axtell, Boonville and Zack soil series. An area of the sandy Padina soil series occurs in the northwest portion of the area and this is bordered on the southwest by a small area of Rader fine sandy loam. The very southwest corner of the area is in the Silawa fine sandy loam soil series. The stream bottom soils are mapped as the Boonville soil series, however, the lower stream reaches and the 2 VOL 4PAGE During the first field survey (October 26) parallel walk transects were traversed by the tvw observers across the entire 158 acre site. On that survey any reasonably po&eible-habitat for Navasota Ladies'- Tresses or other endangered species were orated on a field map of the site. On following dates only those areas of possible habitat were surveyed as well as a few random walk transects across the area. On those dates the areas identified on the map were thoroughly searched for the presence of the species. RESULTS No Navasota Ladies'-Tresses were observed to occur on the site. Other common species such as Spirwakes cernua and S. lacera did not occur in their usual abundance; only 18 individuals of S. crenua were observed during the period of the surveys. Other sites within Brazos County with known populations of Navasota Ladies'-Tresses also had few or no plants that grew or flowered this year. Consultation with the U.S. Fish and Wildlife Service indicated that knowledgeable observers were all reporting this to be a poor year to survey for this species. Thus, surveys based on actual presence of the species would not be appropriate for this year. However, surveys based on habitat conditions for the species can serve as a viable method to determine their potential presence or absence. Based on habitat conditions there were limited if any areas that would be expected to harbor Navasota Ladies'-Tresses. The preferred combination of soil, topography and hydrology were not generally present on the site. Where there were small areas that might provide low likelihood habitat, they had a dense cover of shrubs and a closed canopy tree overstory which would normally preclude the presence of the species. No other endangered species or species of concern were observed on the site nor was any critical habitat for any of those species encountered. CONCLUSION It is the assessment of our surveys and our collective knowledge of the biology and ecology of Navasota Ladies'-Tresses that the species has very low to no likelihood of occurrence on the site. It would be appropriate to bring this information to the attention of the U.S. Fish and Wildlife Service loot.4 PAGE before commencement of any construction on the site so that they can inane their determination based oil this report. It is felt that they would agree with our evaluation. No other species of concern were observed to occur on the site nor was there habitat present that would be critical to their survival. Fred E. Smeins, P Ecological Consultant t~ s -/V Date YMt qb PAGE-121j SCALE 1'=3000' 9 i Q7 x aica,°,€k y ~1nr A►l KEY MAP FOR BRAGOS COUNTY EXPOSITION CENTER KLING ENGINEERING k SURVEYING OL~PAGE 1)44 VOLq-u PAGE a`~ APPLICAI iOt! FOR DEPARTMENT OF THE ARMY PERMIT (33 CFR 325) OMB APPROVAL NO. 0710-003 Public reporting burden for this collecu.,r, :!f information is estimated to average 5 hours per response, including the time for reviewing instructions, Searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any otiiar aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, suite 1204, Arlington VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-003), Washington, DC 20503. Please DO NOT RETURN your forth to either of those addresses. Compiated applications must be submitted to the District Engineer having jurisdiction YRIVAGY AL I S I A ILNIENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws requ;r- permits authorizing activities in, or affecting, navigable waters of the United States; the discharge of dredged or rill material into waters of the United Statea, and the transportation of dredged material for the -P,noose of dumping it into ocean waters. Routine uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the proposed activity. An application that Is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECFIVFn a neTC Boor rr nTr ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME B. AUTHORIZED AGENT'S NAME & TITLE (an agent is not required) Brazos County c/o Jim Singleton Architects Loretta E. Mokry: Senior Environmental Scientist APPLICANT'S ADDRESS 1500 University Drive Fast, Suite 104 College Station, Texas 77840 PHONE NUMBERS a. Residence NIA b. Business 979-846-5700 11 I hereby authorize application and to Alan Plummer Associates, Inc. 841 West Mitchell street Arlington. Texas 76013 AGENT'S WITH a. Residence 979-694-7619 (Home Office) b. Business 817-461-1491 STATEMENT OF AUTHORIZATION - to act in my behalf as my agent in the processing of this in support of this permit application. SIGNATURE da GL3 ATE NAME. LOCATION. AND DESCRIPTION OF PR(1 IFrT nit ArTIXl1TV 12. PROJECT NAME OR TITLE (see instructions) Brazos County Exposition Center 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (f applicable) Unnamed, ephemeral tributary to Thompson's Creek and Its associated The subject property is located south of the intersection of unnamed, ephemeral tributaries; 1 pond and associated fringe wetland Farm to Market Road 1688 (Leonard Road) and Jones 15. LOCATION OF PROJECT Road in Bryan, Brazos County, Texas. Brazos TX COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Latitude: 30 degrees 37 minutes 28 seconds; Longitude: 96 degrees 25 minutes 1 second 17. DIRECTIONS TO THE SITE From the intersection of State Highways 47 and 21 in Bryan, Brazos County, Texas; Go southeast on State Highway 47 approximately 3.4 miles to its intersection with Farm to Market Road 1688 (Leonard Road). Go northeast on Leonard Road approximately 0.6 miles to its intersection with Jones Road and the subject property with be located immediately south of this intersection. ENG FORM 4345 - ONLINE CESPK-CO-R VOL'~~P PAGE 18. NATURE OF ACTIVITY (Description of project, include all features) Pleas= cee attachment: Block 18 19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions) Please see attachment: Block 19 USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. REASON(S) FOR DISCHARGE Please see attachment: Block 20 21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS Please see attachment: Block 21 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED (see Instructions) Please see attachment: Block 22 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES ® NO O IF YES, DESCRIBE THE WORK 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC. WHOSE PROPERTY ADJOINS THE WATERBODY (If more than can be entered here, please attach a supplemental list) Please see attachment: Block 24 25. LIST OF OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED City of Bryan Zoning Change 6-09-2003 Would include but is not restricted to zoning, building and flood plain permits. 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in [his app' Ion is complet nd accurate. I further certify that I possess the authority to undertake the work described herein or am actin dul hori a of the applicant. 1 rn"" 7LZ ,/o, -7~ SIGNA E OF APPLICANT DOE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and will fully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, facticious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345 - ONLINE CESPK-CO-R , VOL Lk, 'PAU ) q 7 APPLICATION FOR DEPARTMENT OF THE ARMY PER-MITT USACE Project No.: 200200662 BLOCK PR - NATURE OF ACTIVITY The proposed project involves the construction of an exposition center, a recreational vehicle park, access roads and associated parking, seven mitigation stream channels to control and direct drainage within the site, six detention basins, one of which incorporates a storm water wetland, and natural areas. The plans for the site will also include the incorporation of other county facilities to allow complementary coordinated use of the exposition center's facilities and associated parking areas. This plan allows Brazos County to achieve the most efficient and cost-effective utilization of the project site while maintaining a portion of its natural characteristics. An additional goal of County representatives was to maintain existing land features to the maximum extent practicable; thereby, avoiding impacts to the jurisdictional areas within the project site. To compliment the unimpacted natural areas including their associated stream channels, drainage facilities within the site were designed to blend with the natural channels while accommodating runoff from both the initial and proposed ultimate buildout of the project site. Finally, these drainage facilities will aide in the preservation of the natural channels maintaining their inherent characteristics. Alan Plummer Associates, Inc. CADOamemi and Shc4Vw Vk,. D....MeOMCEWYQIO 9bd.A. VOL q PAGE Jtf S APPLICATION FOR DEPARTMENT OF THE ARIv1 Y PERMIT USACE Project No.: 200200162 BLOCK 19 - PROJECT PURPOSE - The purpose of the proposed Brazos County Exposition Center project is to provide an economically viable means for commerce within the p.ci.ifet site while maintaining the integrity and continuity of the natural habitat within and around the subject property for the enjoyment of the existing and future residents of Brazos County, Texas. The proposed development utilizes land while preserving and enhancing the environmental resources within the subject property. The development will result in additional tax revenue for the County from commerce resulting from activities associated with the Exposition Center while providing long term protection for the natural habitat and aquatic resources. Alan Plummer Associates, Tnc. F:WoJWMG510102V)ft dUP BbctaA VOL yin PAGE-, 91c/ APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT USACE Project No.: 200'1011662 BLOCK 20 - REASON FOR DISCHARGE The discharge will result from the construction of the exposition center, parking areas, the recreational vehicle park, and the other components of th,; *oposed development as described in Block 18. Alan Plummer Associates, Tnc. P\PM) b 05WJ0TDOC%ReponUP Bbdu.dm VOLqb PAGE R50 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT USACEProjectNo.:2G ?00662 BLOCK 21- TYPES OF MATERIAL BEING DISCHARGED - The proposed project will utilize approximately 3,373 cubic yards of existing soil within the project site to fill the jurisdictional areas detailed in Bicc!c 22. Alan Plummer Associates, Inc. F'P1- t"050IBPDxV,.dVP BblaA VOL 44 PAGE :~5 - APPLICATION FOR DEPARTMENT OF THE ARM-Y PERMIT USA CE Project No.: 200200662 BLOCK 22 - SURFACE ARE IN ACRES OF WETLANDS OR OTHER WATERS FILLED A summary of the areas that will be filled as a result o :NP proposed project is provided in the following table. Jurisdictional Area Classification rea (Acres) Unnamed tributary to Thom son's Creek e phemeral 0.2 TI e phemeral .04 TI-a e phemeral .003 T2 e phemeral .05 T2-a ep hemeral 3 .007 T2-b ep hemeral .02 72-bl ep hemeral ,004 T2-c ep hemeral .01 T2-d ep hemeral 004 Pond o n water N/A .21 fringe wetland N/A , .12 0.12 Total (approximate) 4,594 0.67 The means by which the discharge of fill mat erial will occur in the previously described areas will include a variety of earth moving equipment such as: crawler dozer, self propelled scraper, motor grader, and/or vibratory roller (smooth and padfoot drum). Alan Plummer Associates, Inc. R: OJT MOS0IGW06RepoMP ID cks. c VOL O PAGE a5)- APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT USA CE Project N(j.: 200200662 BLOCK 24 - ADRESSES OF ADJOINING PROPERTY OWNERS, - LESSEES, ETC. 1. RYAN, ANNIE % CARL JANE WICK PO BOX 1844 BAYTOWN, TX 77522-1844 9. rOSTER, DONALD S 608 OAKPARK DR BROWNWOOD, TX 76801-6617 2. MELCER, WILLIE ELLEN 4238 CR 250 LOOP CAMERON, TX 76520 3. CASTORIA, LINDA KAY TRUSTEE 1808 BECK ST BRYAN, TX 77803-3674 10. PORTERFIELD FAMILY PTNRS I LTD PO BOX 723 BRYAN, TX 77806-0723 11. HYDER, SYED 911 WINGED FOOT DR COLLEGE STATION, TX 77845-8973 4. BLUEBONNET GIRL SCOUT COUNCIL 12. HERRMANN, VIRGINIA ANN INC. 6080 LEONARD RD 3700 W WACO DR BRYAN, TX 77807-9584 WACO, TX 76710-5347 5. BERGER, EUNA 5331 JONES RD BRYAN, TX 77807-9744 13. PORTERFIELD, IRENE H PO BOX 723. BRYAN, TX 77806-0723 6. JACKSON, ROBERT C & L ELAINE 5411 JONES RD BRYAN, TX 77807-9746 7. RICCA, JOHNNIE 5459 JONES RD BRYAN, TX 77807-9746 8. BURTON, C M MRS 6711 BURNING TREE DR HOUSTON, TX 77036-4711 Alan Plummer Associates. Inc. FUW OJr MOMI02006c pm Bb 4dm 14.OSTIGUIN, LUPE 605 LEONARD DR BRYAN, TX 778034421 15. RAMSEY, FRANK ALLEN 8 EL NORTE CIR UVALDE, TX 78801-4021 16. CHAMPION, CRAIG LEE & JACY BORING PO BOX 6718 BRYAN, TX 77805-6718 VOLq~ PAGE 3 APPLICATION FOR DEPARTMENT OF TIE ARMY PERMTr USA CE Project jVo.: 200200662 BLOCK 24 - CONTINUED - 17. POPE, E ROGER & BOBBYE 5826 LEONARD RD BRYAN, TX 77807-9580 18. LUZA, JERRY A JR 5764 LEONARD RD BRYAN, TX 77807-9578 19. LUZA, JERRY A & JANET M 1804 E 26TH ST BRYAN, TX 77802-1509 20. MATTHEWS, CORA 5730 LEONARD RD BRYAN, TX 77807-9578 21. MARSHALL, LAURIE R 5702 LEONARD RD BRYAN, TX 77807-9578 Alan Plummer Associates. Inc. PAPwjw =5W1oaoocVZWm eB~ .e« vot qy _PAGE 264 VOL Abp PAGE X55 Brazos County: C/O Jim Singleton Architects USA CE Project No.: 200200662 401 Certification Questionnaire I. Impacts to wetlands A. Will wetlands be disturbed, altered or destroyed by the proposed activity? _Ifyes, indicate the area (acres or square feet) that will be affected. No Yes open water) Area 0.12-acre (0.67-acre includes streams and B. If wetlands will be disturbed, altered or destroyed, please complete the attached Alternatives Checklist. See attached. C. If wetlands will be adversely affected is compensatory mitigation proposed? If yes, submit a copy of the mitigation plan. If not, explain why not. A copy of the proposed mitigation plan is enclosed. IL Disposal of waste materials A. Describe the methods for disposing of materials recovered from the removal or destruction of existing structures. The only existing structure, a frame building, will be removed from the site prior to construction. B. Describe the methods for disposing of sewage generated during construction. If the proposed work establishes a business or a subdivision, describe the method for disposing of sewage after completing the project. Portable toilets will be provided on-site during construction. After construction is complete, an approved sanitary sewer system will be in place as approved by the City of Bryan. C. For marinas, describe plans for collecting and disposing of sewage from marine sanitation devices. Also, discuss provisions for the disposing of sewage generated from day-to-day activities. Not applicable VOL ~p PAGE Cp Brazos County; C/O Jim Singleton Architects _ USACE Project No.: 200200662 M. Water quality impacts - A. Describe the methods to minimize the short-term and long-term turbidity and suspended solids in the waters being dredged and/or filled. Also describe the type of sediment (sand, clay, etc.) that will be dredged or used for fill. No existing water bodies on the site will be dredged. The proposed mitigation stream channels and detention basins will be constructed by excavation of materials, which will be used as fill material in the area of development of the exposition center. B. Describe measures that will be used to stabilize disturbed soil areas, including: dredge material mounds, new levees or berms, building sites, and construction work areas. The description should address both short-term (construction related) and long-term (normal operation or maintenance) measures. Typical measures might include containment structures, drainage modifications, sediment fences, or vegetative cover. Special construction techniques intended to minimize soil or sediment disruption should also be described. Several measures will be used during construction to stabilize disturbed soil areas. These measures include but are not limited to the use of. silt fences around the disturbed areas, erosion control fabric underseeded with grasses on sloped areas, and/or sedimentation ponds. A certified erosion control company will be retained during and after construction until all soils are stabilized. Furthermore, a Storm Water Pollution Prevention Plan (SWPPP) will be prepared in accordance with the regulations as set forth by the U.S. Environmental Protection Agency (EPA) prior to beginning construction. C. Discuss how hydraulically dredged materials will be handled to ensure maximum settling of solids before discharging the decant water. Effluent from an upland contained dredged material disposal area shall not exceed a total suspended solids (TSS) concentration of 300 mg/L Plans should include a calculation of minimum settling times with supporting data. (Reference: Technical Report, DS-7810, Dredge Material Research Program, GUIDELINES FOR DESIGNING, OPERATING, AND MAINTAINING DREDGED MATERIAL CONTAINMENT AREAS). If future maintenance dredging will be required the disposal site should be designed to accommodate additional dredged materials. If not, please include plans for periodically removing the dried sediments. Not applicable D. Describe any methods used to test the sediments for contamination, especially when dredging in an area known or likely to be contaminated such as downstream of municipal or industrial wastewater discharges. Not applicable VOL 7~ PAG£ ~V Brazos County: C/O Jim Singleton Architects USACE Project No.: 200200662 Alternatives Analysts Checklist - I. Alternatives A. How could you satisfy your need in ways which do not of ect wetiunrls? This alternative would attempt to develop the property for the proposed exposition center and associated facilities while maintaining the drainage flows through the existing natural drainageways. To accommodate the required parking and multiple buildings for the exposition facilities and provide for development of the recreational vehicle park without impacting the headwater tributary channels and on-channel pond located on the subject property, the purchase or condemnation of additional adjacent tracts of land, most likely the residential property to the east, would be required to provide a functional layout for the proposed facilities. This would result in the possible displacement of residents from their homes, cost additional tax dollars, and the developed facilities would be less compact and therefore, less functional and user friendly than the layout proposed in the preferred alternative. Furthermore, even though the natural drainages would not be impacted by fill for the proposed facilities, storm runoff from the increased impervious surfaces resulting from the development within the watershed would produce increased flow velocities and peak flows within the tributary channels. Since it would be difficult to intercept the runoff in detention areas away from the natural drainages, the channels would erode and water quality would degrade over time. While this alternative meets the county's objectives of providing public facilities and would avoid direct impacts to the tributary channels with the layout and construction of facilities; it does not do so in an efficient or cost-effective manner, the indirect impacts would still result in degradation of the aquatic resources over time, and county residents would be directly impacted through forced relocation from their homes. Therefore, this alternative is not considered practicable. B. How could the project be re-designed to fit the site without affecting wetlands? Every effort was made to avoid impacts to jurisdictional areas resulting from the proposed project where possible. Where impacts to jurisdictional areas were unavoidable, efforts were made to minimise these unavoidable impacts. Avoidanceand minimization efforts included altering the structure and layout of proposed parking areas, the recreational vehicle park, and the layout of one of the detention basins. Due to the multiple drainageways and their location across the site, the project cannot be further re-designed to avoid the jurisdictional areas within the site without the use of adjacent properties which would require the possible displacement of residents from their homes, cost additional tax dollars, and the developed facilities would be less compact and therefore, less functional and user friendly than the layout proposed in-the preferred alternative. Since the County requires efficient and cost-effective utilization of the project site to justify the use of tax dollars for the development, re-designing the proposed project to fit the site without affecting wetlands is not a practical alternative. VOL O PAGE ;5g Brazos County: C/O Jim Singleton Architects USACE Project No.: 200200662 C. How could the project he made smaller and still meet your needs? As previously mentioned, Brazos County requires efficient and cost-effective utilization of the project site to justify the use of tax dollars for the development; therefore, the ultimate development of the project site will include other ,aunty facilities that will complement coordinated use of the exposition center's facilities and associated parking areas. Every effort was made to avoid and minimize impacts to jurisdictional areas resulting from the proposed project where possible. These efforts included altering the structure and layout of proposed parking areas, the recreational vehicle park, and the layout of one of the detention basins. Since the components of the proposed project have already been reduced to the maximum extent practicable to avoid and minimize impacts to jurisdictional areas within the site, further reduction would require the purchase of additional lands to accommodate the components of the exposition center and prevent the County from achieving an efficient and cost-effective utilization of the project site to justify the use of tax dollars for the development. D. What other sites were considered? A total of twelve properties throughout Brazos County were considered for the proposed exposition center. During a vigorous review process, each site was compared to a list of criteria developed by the Executive Committee for the County and the Architect for the project The list of criteria is as follows: 1. Availability: The site must currently be for sale. It was both politically and physically important for the site to be centrally located within Brazos County and 2. Location: particularly to Bryan/College Station, (as near the "50 yard line" as possible between the two cities). This criterion was especially important to the Committee. 3. Cost: The site must be affordable b the County. The site must be able to accommodate not only the exposition center, but allow for appropriate proximity 3. Shape of the site: parking and access to other County facilities to be located with the exposition center and other County buildings to be located on the site in the future. Existing utility easements had to be located such that 4. Existing utility the property could be developed as proposed. A couple easements: of sites had transmission lines which could not be moved that dissected the sites such that they could not be avoided, thus eliminating those sites. Suitable terrain that would minimize the extent of 5. Terrain of the site: leveling required for the proposed facilities was desired. 110L(o PAGE-5q Brazos County: C/O Jim Si.^_gleton Architects USACE Project No.: 200200662 The proposed site represents the location that best meets all the criteria set forth by the- County. Its location near State Highway 47 provides excellent visibility and accessibility to the public, is on the oLtlying areas of the cities where the cost of the land is less, and provides a central location between Bryan/College Station, the relative center of the County. The shape of the proposed site also allows for prollmity parking and access to the different buildings to be located now and in the future on the site, a criterion that several of the long, rectangular sites considered were not able to meet. Furthermore, the proposed site did not have any existing easements or liens while at least two of the sites considered had existing transmissions lines that could not be moved or avoided. Furthermore, environmental issues including terrain and the presence of aquatic resources were evaluated for each of the twelve sites considered. Finally, while nearly all the sites considered had either terrain or aquatic resource concerns, the proposed site represents the best available site of the twelve considered based on the criteria provided. 1. What geographical area was searched for alternative sites? All available sites within Brazos County, Texas were considered for the proposed exposition center. 2. How did you determine whether other non-wetland sites are available for development in the area? Environmental concerns including terrain and aquatic resources were part of the criteria used for selecting the proposed site. While nearly all the sites had terrain and/or aquatic resource concerns, the proposed site represents the best available site of the twelve considered based on the criteria provided. 3. In recent years, have you sold or leased any lands located within the vicinity of the project? If so, why were they unsuitable for the project? No. E. What are the consequences of not building the project? Should the County not build the proposed exposition center, it will deny the people within Brazos County as well as the surrounding communities a central location to gather and exhibit their goods and services, and as a by-product, generate substantial revenue for not only the cities of Bryan and College Station but for Brazos County as well. Furthermore, it will prevent the County from achieving the "highest and best use" of the property- II. Comparison ofalternatives A. How do the costs compare for the alternatives considered above? VOL46 PAGE )60 Brazos County: C/O Jim Singleton Architects USACE Project No.: 200200662 The proposed site represents the best available site of the twelve considered based on the- criteria provided. Furthermore, the preferred alternative promotes an efficient and cost- effective utilization of the project site thereby justifying the use of county tax dollars for the development. As part of the preferred altemative, the ultimate development of the project site will include other county facilities that wilt complement coordinated use of the exposition center's facilities and associated parking areas. In order to maintain a functional layout of the proposed facilities, the costs of the other alternatives investigated would be beyond that of the preferred alternative due to the need to purchase or condemn additional, adjacent property. Therefore, the preferred alternative allows the county to meet the objectives of the development while preserving and protecting on-site and downstream environmental resources and their functions in an efficient and cost effective method. B. Are there logistical (location, access, transportation, etc.) reasons that limit the alternatives considered? Location was an important criteria for the County. The selected site should be centrally located within the county such that all residents in the county could easily access it. Furthermore, a site with high visibility and accessibility to the public was preferred over sites without these characteristics. The proposed site's location near State Highway 47 provides not only excellent visibility and accessibility to the public, but it provides a central location between Bryan/College Station, the relative center of the County. C. Are there technological limitations for the alternatives considered? The elevation changes across the property require a substantial amount of regrading for development of roadways and other components of the exposition center. The extent of the regrading makes it impossible to preserve or maintain portions of the aquatic resources without significant impact to the economic viability of the development due to the need to purchase or condemn additional adjacent tracts of land to maintain a functional layout for the proposed facilities. D. Are there other reasons certain alternatives are not feasible? The proposed site represents the best available site of the twelve sites considered based on the criteria provided. Attempts to develop the property while maintaining a functional layout for the proposed facilities as well as the drainage flows through the existing natural drainageways would result in the purchase or condemnation of additional adjacent tracts of land, most likely the residential property to the east. Since the County requires efficient and cost-effective utilization of the project site to justify the use of tax dollars for the development, the economic impact of alternatives other than the proposed alternative make them not practicable. III. If you have not chosen an alternative which would avoid wetland impacts, explain: A. Why your alternative was selected VOLO PACE a(C~ Brazos County: C/O Jim Singleton Architects USACE Project No.: 20020066,2 The preferred alternative allows the County to achieve the most efficient and- cost-effective utilization of the project site while maintaining a portion of its natural characteristics. The components for the preferred alter. ative include an exposition center, a recreational vehicle park, access roads and associated parking, multiple mitigation stream channels to control and direct draina~7,e within the site, six detention basins, one of which incorporates a storm water wetland, and natural areas. The plans for the site will also include the incorporation of other county facilities to allow complementary coordinated use of the exposition center's facilities and associated parking areas. An additional goal of County representatives was to maintain existing land features to the maximum extent practicable; thereby, avoiding impacts to approximately 2,146 linear feet (LF) of jurisdictional areas as well as 0.77-acre of non jurisdictional open water and associated fringe wetland within the project site. To compliment the unimpacted natural areas including their associated stream channels, approximately 8,848 LF of stream channel and 9.3-acres of detention basins to be constructed within the site were designed to blend with the natural channels while accommodating runoff from both the initial and proposed ultimate buildout of the project site. Finally, these drainage facilities will aide in the preservation of the natural channels maintaining their inherent characteristics. B. What do you plan to do to minimize adverse effects on the wetlands impacted. Every effort was made to avoid impacts to jurisdictional areas where possible. Where impacts to jurisdictional areas were unavoidable, efforts were made to minimise these unavoidable impacts. To the extent practicable, impacts to the unnamed tributary to Thompsons Creek located on the site were avoided. The avoidance measures consisted of adjusting the structure and layout of the proposed parking facilities on the southwest portion of subject property. By adjusting the layouts and eliminating the landscape islands within the parking areas, the overall area encompassed by the parking facilities was reduced which allowed the preservation of a combined 2,146 LF of the downstream reach of the unnamed tributary to Thompson's Creek within an associated forested riparian corridor averaging 240 feet wide and two small unnamed tributaries to the unnamed tributary to Thompson's Creek. Impacts to the unnamed tributary to Thompson's Creek resulting from development of the upland areas on the site were minimized by the design of drainage channels and detention basins to attenuate storm flows and velocities resulting from the developed impervious surfaces. Minimization efforts also included altering the layout of the recreational vehicle park on the northern portion of the subject property as well as the proposed parking facilities on the north, north central, and southern portions of the property to minimise the impacts to two unnamed tributaries and the unnamed tributary to Thompson's Creek. These minimization efforts will also reduce the impacts to the 0.77-acre upland pond and associated fringe wetland within the north central portion of the subject property. While they should not be considered jurisdictional, this pond and fringe wetland are being preserved to provide detention and water quality improvement of storm runoff from the surrounding areas as well as valuable habitat for wildlife. These VOL 4~_pgGE ~ Brazos County: C/O Jim Singleton Architects _ USACE Project No.: 200200662 avoidance and minimization efforts resulted ill the avoidance and preservation of approximately 2,146 LF of stream channel (or approximately 0.14-acre). Several enhancements are proposed to provide mitigation for unavoidable impacts as a result of the proposed project. These enhancemeu,s include the construction, of six detention basins totaling 9.3-acres within the north cential and southern portions of the subject property, one of which will contain an approximately 0.16-acre stormwater wetland. Additionally, seven stream channels totaling 8,848 LF will be constructed throughout the site to accommodate runoff from the initial proposed and future development of the project site. These seven channels, six detentions basins, and one wetland area will provide flow attenuation, desynchronization of peak flows, groundwater recharge, storm flow capacity, dissipation of erosive storm flow velocities, water quality improvement, and a variety of habitat functions for wildlife. Finally, various species of native trees; shrubs, and herbaceous vegetation will be planted to create riparian corridors along the various constructed streams and detention basins. These plantings will increase the diversity and quality of food sources within the riparian corridor area as well as provide slope stabilization, water quality improvement, habitat for wildlife, and an aesthetically pleasing natural area for the exposition center visitors. Furthermore, planted aquatic vegetation will provide filtration and water quality improvement, stabilize the banks of the basins, and provide valuable habitat for fish, waterfowl, and other wildlife. A more detailed description of these constructed aquatic resources can be found in Section 6 of the mitigation plan. IV. Please provide a comparison of each criteria (from Part II) for each site evaluation in the alternatives analysis. Since development plans for the other sites considered were not created, specific cost comparisons and logistical or technological limitations are not available for these sites. VOL 4~?AGE