HomeMy WebLinkAbout2003-08-05-9:00AM-Regular.L,7AZOS COUNTY
BRY.',~I. TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON 5
AUGUST 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation and Pledge of Allegiance - Commissioner Peters
2. Call for citizen's input and/or concerns
Consider and take action on agenda items 3-20
3. Budget Amendment 02/03-37.1 thru 02/03-37.5
4. Payment of Claims
5. Personnel Change of Status
6. Approval of the County Depository Pledge Contract with First American Bank.
7. Approval of appropriations to Research Valley Partnership to make a one-time cash
payment to Lynntech,Inc. for costs associated with the finish out of the Business Facility
in the Texas A&M Research Park upon their occupancy of the leased premises and
operation of its Business Facility.
8. Appointment of presiding judges and alternate judges for elections conducted by the
County.
9. Request by Justice of the Peace, Precinct 3, for $5000.00 in payroll funds to be made
available in an adjustment to the budget for payment of overtime.
10. Request by the Sheriff s Office - Jail Division for a temporary reclassification of position
1511-70 Detention Officer to 1506-1 - Interim Sergeant.
11. Request by Constable, Precinct 3, for Raynaldo "Ray" Mireles to be approved as a non-
paid full time Deputy Constable.
VOL PAGE (e3
Commissioners Court Agenda
5 August 2003
Page 2
12. Approval of Bid #2003-036RB for Pharmaceuticals to Contract Pharmacy Services of
Hatboro. PA.
13. Renewal of Annual Contract with Advantage Rent-A-Car for rent car services
14. Rei7.c al of Annual Contract with Fort Bend Services for Water Treatment Program.
15. Approval of tire following blanket purchase order:
Lowe's Company $2000.00 (Brazos Center)
16. Acceptance of Special Warranty Deed from Dietrich Lacey for improvements to a portion
of Koppe Bridge Road located in Precinct 1.
17. Acceptance of a Deed (without warranty) from Rolling Ridge, Ltd. And Edsel G. Jones
for 2.481 acres of land donated to Brazos County for improvements to proposed I&GN
Road located in Precinct 1.
18. Acceptance of Bryan Texas Utilities' cost estimate of $576.75 to relocate a power pole at
Brazos County's request to accommodate Edge School House Road improvements. Site
is located in Precinct 2.
19. Request for Permission to enter Haupt Family Partnership / Arrenia Haupt Ellis' property
located in the right of way of the proposed new Jones-Butler Road for the purpose of
removing a berm of dirt originally constructed as part of the now abandoned I&GN
Railroad. Removal of this berm will accommodate new roadway drainage construction.
Site is located in Precinct 1.
20. Request for Permission to enter James Milberger's property located off Mumford Road
for the purpose of removing tree limbs and brush at a blind curve (approximately 0.5 mile
south of Louis Mikulin Road) for better sight distance. Site is located in Precinct 4.
21. Acknowledge receipt of additional monthly reports for the month of July 2003. These
are available for review in the County Judge's Office.
22. Announcement of interest items and possible future agenda topics.
23. Agency / Board / Committee reports by Court members.
24. Call for citizen input and/or concerns.
25. 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 L1g PAGES
COMMISSIONERS' COURT
REGULAR MEETING
AUGUST 5, 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,
August 5, 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 Peters gave the invocation and led the
pledge of allegiance.
There was no citizen input/and or concerns
The Court next considered Budget Amendment #02/03-
37.1 through 37.5, which would reallocate funds for 85th
District Court, Jury Services, and Constable, Precinct 2;
transfer funds from Contingency to County Court at Law II
and transfer funds from Building Maintenance to Road and
Bridge. On motion by the Commissioner Jones, seconded by
Commissioner Peters, the Court voted unanimously to
VOL `1 PAGE &5
Commissioners' Court meeting August 5, 2003 2
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:
20044493 through 20044711
On motion by Commissioner Jones, seconded by Commissioner
Mallard, the Court voted unanimously to approve the
Claims as submitted.
There was no personnel change of status to consider.
The next matter before the Court was the approval of
the County Depository Pledge Contact with First American
Bank. On motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously to
approve the County Depository Pledge Contract. A copy is
attached.
The Court next considered the approval of
appropriations to Research Valley Partnership to make a
one-time cash payment to Lynntech, Inc. for costs
associated with the finish out of the business facility
in the Texas A&M Research Park upon their occupancy of
the leased premises and operation of its business
facility. On motion by Commissioner Jones, seconded by
Commissioner Peters, the Court voted unanimously to
Vol 4 Page &4
Commissioners' Court meeting August 5, 2003 3
approve the one-time payment of $50,000.00 to Lynntech,
Inc. for costs associated with the finish out of the
business facility in the Texas A&M Research Park.
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 Alternate Judge
2abc/82
3ab
6
8
l0ab
12
15/53
17
21
23
26
29
30/77/19
31
33/72/74 Lucy Peterson (D)
35ab
36
41/28a
54
62
40
70ab/69/67
80
Central Count Manager
Verda Beasley(D)
Regina Fore (D)
Teri Metcalf (D)
Mary DeVaul (D)
Jim Smith (D)
Beverly Dillard (D)
Rena Cangelose (D)
Doris Scurry (D)
Twyla Leland (D)
Steve May (D)
Elizabeth Voglesmith(D)
Ruby Ellis (D)
Bobbie Peterson (D)
Vi Cook (D)
Lucy Smith (D)
Elizabeth May(D)
Lawrence Cifuentes (D)
Beatrice Greer (D)
Leslie Pourteau (D)
Jimmy Restivo
Lasca Jean Cangelose (D)
Eugene Charleton (D)
Mary Lynn Stratta (D)
The Court next considered a request by Justice of
the Peace, Precinct 3, for $5,000.00 in payroll funds to
Vol Lt z4 Page (>,V
Commissioners' Court meeting August 5, 2003
be made available in a budget adjustment for payment of
overtime. On motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously to allow
$2,500.00 in payroll funds for the payment of overtime.
The Court next considered a request by the Sheriff's
Office-Jail Division for a temporary reclassification of
position 1511-70 Detention Officer to 1506-1 - Interim
Sergeant. This necessitated due to the on the job injury
sustained by Sergeant Rosemary Turner. Sergeant Turner
will be unable to return to work for approximately six
(6) months. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to
approve the request for a temporary reclassification.
The Court next considered a request from Constable
Precinct 3, Wayne Thompson, to appoint Raynaldo "Ray"
Mireles as unpaid full time Deputy Constable. On motion
by Commissioner Cauley, seconded by Commissioner Mallard,
the Court voted unanimously to approve the request from
Constable Thompson to appoint Raynaldo "Ray" Mireles as
unpaid full time Deputy Constable subject to appointment
being within the allotted number of deputies.
The Court next considered awarding the following
bid:
4
Vol 4g Page (06
Commissioners' Court meeting August 5, 2003
Bid No. 2003-036 RB, Pharmaceuticals
Pat Howard, Purchasing Agent,
recommended acceptance of the bid
submitted by Contract Pharmacy
Services. On motion by Commissioner
Jones, seconded by Commissioner
Peters, the Court voted unanimously
to accept the recommendation of the
Purchasing Agent and award the
contract to Contract Pharmacy
Services. A copy of the bid
tabulation is attached.
The next matter before the Court was the renewal of
annual contract with Advantage Rent-A-Car for rent car
services. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to renew
the annual contract with Advantage Rent-A-Car. The
contract begins October 1, 2003 and ends September 30,
2004 with no increase in prices.
The Court next considered renewal of annual contract
with Fort Bend services for Water Treatment Program. On
motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to renew the annual
contract for water treatment program. The contract begins
October 1, 2003 and ends September 30, 2004 with no
increase in prices.
The Court proceeded to consider the following
blanket Purchase Order:
Vol 44 Page 0
5
Commissioners' Court meeting August 5, 2003 6
Lowe's Brazos Center $1,000
On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to
approve the Blanket Purchase Order as submitted.
The Court next considered acceptance of a Special
Warranty Deed for right-of-way on Koppe Bridge Road in
Precinct 1. On motion by Commissioner Jones, seconded by
Commissioner Peters, the Court voted unanimously to
authorize the County Judge to accept on behalf of Brazos
County a Warranty Deed from Dietrich Lacey for the
expansion and improvements to Koppe Bridge Road.
The Court next considered acceptance of a Special
Warranty Deed for right-of-way on I&GN Road in Precinct
1. On motion by Commissioner Jones, seconded by
Commissioner Cauley, the Court voted unanimously to
authorize the County Judge to accept on behalf of Brazos
County a Warranty Deed from Rolling Ridge, Ltd. and Edsel
G. Jones for the expansion and improvements to I&GN Road.
The Court next considered acceptance of the Bryan
Texas Utilities' cost estimate of $576.75 for relocation
of a power pole for improvements to Edge School House
Road in Precinct 2. On motion by Commissioner Peters,
seconded by Commissioner Mallard, the Court voted
Vol 44 Page ~o
Commissioners' Court meeting August 5, 2003 7
unanimously to accept Bryan Texas Utilities' cost
estimate of $576.75 for relocation of a power pole on
Edge School House Road.
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 the Haupt Family Partnership/Arrenia Haupt
Ellis Property in the right-of-way of the proposed new
Jones-Butler Road in Precinct 1 to remove a berm of dirt
originally constructed as part of the now abandoned I&GN
Railroad. This will accommodate new roadway drainage
construction. On motion by Commissioner Jones, seconded
by Commissioner Peters, the Court voted unanimously to
authorize the work.
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 James Milberger on Mumford Road in Precinct 4
to remove tree limbs and brush at a blind curve
Vol L4-4 _ Page -71
Commissioners' Court meeting August 5, 2003 8
(approximately 0.5 mile south of Louis Mikulin Road) for
better sight distance. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted
unanimously to authorize the work.
The Court acknowledged receipt of additional reports for
July 2003 from County and Precinct Offices.
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner Mallard
a) Said that the Court was still working on the
budget in room 108.
Under Agency/Board/Committee reports by Court members,
the following spoke:
County Judge
a) He said that he failed to make the meeting on
Easterwood Airport due to having to attend budget
meetings.
Kenny Mallard
a) He updated the Court on the status of the employee
health insurance. The committee is considering
merging with the two cities to provide health
insurance coverage. Requests for Proposals have gone
out. Employees can expect some plan changes but they
won't take effect until January 1, 2004.
Under citizen input and/or concerns, the following
spoke:
Jason Schnider
Vol 4 I-F Page
Commissioners' Court meeting August 5, 2003 9
a) Representing Congressman John Carter's office,
announced that there would be a town meeting
tomorrow at the Brazos Center beginning at 6:30
p.m.
County Judge
a)Announced a workshop in the Commissioners Courtroom
today at 10:00 a.m.
There being no further business to come before the
Court, the meeting was adjourned.
Vol L4 9 Page `1.3
The foregoing minutes of the Commissioners Court meeting held
August 5, 2003 have been examined and are approved in oper
Court this the A4day of , 2003, in Bryan,
Tont-/Jon
Commissi
r, Precinct 1
Duane Peters Kenny Mall r
Commissioner, Precinct 2 Commissione', PrecinctA3
rey C ey, Jr.
Commis stoner, Pre inct 4
Attest:
c
a en McQueen
County Clerk
VOL ~Q PAGE 7T
Brazos County, Texas.
BRAZOS COUNTY'COMMISSIONERS COURT
MEETING ON L am- s 2003_ AT 900 */L-t
N A M F, ORGANIZATION/DEPARTMENT
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VOLJJ~AGE / J
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BRAZOS COUNTY, TEXAS
Original: County Clerk's Office and attached to the
original budget
BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR
NO. 02/03-37.1 thru 02/03-37.5
On this the 5s' day of August 2003 at a regular meeting of the Commissioners' Court, the following
members were present:
Randy Sims, County Judge, Presiding
Tony Jones, Commissioner, Precinct I
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 August 5, 2003 the Court heard and approved a budget amendment for the
2002-2003 budget year for Brazos County, Texas.
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted August 23, 2002 the
following amendment(s) to the original are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 51h day of August, 2003.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By:
Ran Sims, County Judge
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
VOL 4,4 PAGE 7~
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/03-37.1
8/5/2003
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Dec~aase
O1
220001
676700
Dr.
Printer
$ 600.00
01
220001
619310
_
Cr.
Visiting Judges
500.00
01
220001
618010
Cr.
Travel
100.00
85th District Court
To reclassify budget to allow the purchase of a printer for the courtroom.
I I I I I 1 1 $ 600.00 1 $ 600.00 1
VOL44 PAGE g
RRAZOS COUNTY, TEXAS
BUI)CUT AMENDMENTS
No. OV03-37.2
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 200100 673420 Dr. Furniture $ 486.00
}1 200100 615000 Cr. Printing 486.00
District C1c: k
Jury Services
I I l o reclassify budget to allow the purchase of two (2) ergonomic task chairs.1
486.00 1 $ 486.00
VOLq~ PAGE
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02103-37.3
8/5/2003
FD
DIV
ACCT
: aOJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
302011
659500
Dr.
Vehicle Maintenance
$ 292.00
01
302011
614500
Cr.
Miscellaneous
50.00
01
302011
617500
Cr.
'felenhone - Cellular
200.00
01
302011
618010
Cr.
Travel
42.00
Constable Precinct 2 1 1 1
~To reclassify budget to allow funds for additional needs.
292.00 1 $ 292.00
VOL_q±_PAGE g()
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/03-37.4
uMMM
FD
DIV
ACCT
-
PROJ
DR/CR
ACCOUNT NAME
increase
Decrease
43
5
43
634301
8
2050
490280
634303
DR
CR
Computer Network Costs
Transfer From Gen. Fund
$ 7,0 0.00
$ 7,000.00
01
01
110015
911100
611300
DR
CR
Transfer to Ca Imp Fund
Contingency
$ 7,000.00
7,000.00
To provide funding for the the inclusion of the network cabling required for the
the new County Court At Law #2 faciliFunds for the ro'ect bein rovided
throu h the Contin enc available in the General Fund.
$ 21,000.00
$ 7,000.00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/03-37.5
8/5/2003
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 560010 617400 Dr. Tel hone $ 1,700.00
01 170001 650500 Cr. Buiidin Maintenance 1,700.00
Road & Bridee
1 [To reclassify budget to cover to cost of the Road & Bridge maintenance agreement for the
I 1 V enson telephones stem that has been paid from the Maintenance Dot. In error.
1,700.00 1 $ 1,700.00
t 11
VOL ~L PAGE 9,X
COUNTY DEPOSITORY PLEDGE CONTRACT
This COUNTY DEPOSITORY PLEDGE CONTRACT is made and entered into on the date herein
written by and between BRAZOS COUNTY, hereinafter called "DEPOSITOR," and First American
Bank, SSB, hereinafter called "BANK."
All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by collateral as
provided for in the Public Funds Collateral Act (V.T.C.A., Government Code, Chapter 2257). The
minimum market value of collateral securing County deposits shall be 102%.
The Commissioners Court has the authority to reject any collateral offered by BANK which is not
deemed to be allowed under the Public Funds Collateral Act.
To perfect the security interest of DEPOSITOR in the collateral pledged by BANK, the Federal
Home Loan Bank of Dallas, herein referred to as "TRUSTEE," being hereby approved as Trustee
by the Commissioners Court of Brazos County by its execution of this contract, will hold the
Collateral in a custody account for the benefit of DEPOSITOR.
IV.
BANK has heretofore or will immediately hereafter deliver to TRUSTEE collateral of the kind and
character as authorized in the Public Funds Collateral Act of sufficient amount and market value
to provide adequate collateral for the funds of DEPOSITOR deposited with BANK. Said collateral
or substitute collateral, as herein provided for, will be kept and retained by TRUSTEE as provided
in the Federal Home Loan Bank Custodial Services Standard Terms and Conditions and in each
applicable Custodial Agreement and Confirm and Release of Pledged Collateral in trust so long
as the depository relationship between DEPOSITOR and BANK shall exist hereunder, and
thereafter so long as deposits made by DEPOSITOR with BANK hereunder, or any portion
thereof, shall have not been properly paid out by BANK to DEPOSITOR or on its order. Upon the
initial transfer of Collateral under this Contract and monthly thereafter, BANK shall be required to
submit a written report to DEPOSITOR detailing the type and current market value of the
collateral being held for the benefit of the DEPOSITOR.
V.
In the event BANK shall (a) fail to pay DEPOSITOR in accordance with the Deposit Agreement
any funds which DEPOSITOR has on deposit, (b) fail to pay and satisfy when due any check,
draft, or voucher lawfully drawn against any deposit of DEPOSITOR, (c) fail or suspend active
operations for three consecutive business days, (d) become insolvent, (e) fail to maintain
adequate collateral as required by this Contract, or (f) in any manner breaches its contract with
DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency, or breach to
Page 1 orb
VOL PAGE
BANK, and BANK shall 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, to surrender to the Commissioners Court in and for
DEPOSITOR the collateral being held by TRUSTEE 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
VOL L 44 A
deficiency is not 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 TRUSTEE 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 (A PAGE
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
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 deliverto 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 qy' PAGE_ ~(v
the Articles of Incorporation or By-laws of BANK, any agreement or instrument to which BANK
may be a party, any 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 it-- execution as an official record / of BANK.
Pc~Q~JS~
EXECUTED this day of 2003, by the undersigned
duly authorized officers of the parties hereto.
FOR
FOR BRAZOS COUNTY:
&)p
(Tile)
77
(Dale)
~ to , 5
(I ) (Title) Z /J
Signa iare) (Date)
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, on this day personally appeared Gccr- G A. LrA-
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. f
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 7 ~f J=+-, 2003.
Notary
Printed Name: S ✓1dee_✓V "n i n
Commission Expires: a- a-7"" D Co
Page 5 of 6
VOL 4y PAGE
of Texas
IS SANDEE MANNING
Notary Public, State of Texas
my CerM1L-4w Evirw
FEBRUARY 27 2006
FIRST AMERICAN BANK, SSB:
THE STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, on this day personally appeared ??'Ciyi dt/ SIFYIC
a of BRAZO9 COUNTY, TEXAS known to me the person
whose name is subscribe to the foregoing instrument, and acknowledged to me that he/she 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 4 day of 2003.
Gib,
Notary Public, State of Texa
e DEBBIE KLEDGE
IgTARYIMRIICSGIE0F7EXAS
comIIIEEIon EXPIRES:
JULY 8, 2007
Printed Name:
Commission Expires:
VOL ~ PAGE
PERFORMANCE AGREEMENT BETWEEN THE
BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION
AND LYNNTECH, INC.
This Agreement is entered into by and between the BRYAN-COLLEGE STATION ECONOMIC
DEVELOPMENT CORPORATION, a Texas non-profit corporation (referred to as "B-CS EDC")
and LYNNTECH, INC., a Texas Corporation, and its affiliates, including but not limited to
Lynntech Industries, Ltd. (hereinafter referred to as "Lynntech").
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and promises
hereinafter set forth, the parties represent and agree as follows:
1. Definitions
1.1 Business Facility - The premise leased by Lynntech. The total amount of space to be
leased by Lynntech will be not less than 18,000 square feet by at least December 31,
2002. The address of said premises is 1313 Research Parkway, College Station, TX. In
the Texas A&M University Research Park.
1.2 Economic Incentives - a one time cash payment of $50,000.
1.3 New Gross Payroll - The total of new full time employee payroll and part - time
payroll.
1.4 Gross Payroll - the total number that Lynntech reports to the Texas Workforce
Commission at the end of the calendar year.
1.5 Cessation of Operations - means any unauthorized assignment (refer to Section 9);
vacating the premises and leaving College Station, TX prior to the lease term.
2. B-CS EDC's Incentive Package, Obligations
2.1 Cash Incentives
B-CS EDC agrees to make a one-time $50,000 lump sum cash payment to Lynntech for
costs associated with the finish out of the Business Facility upon Lynntech's occupancy of the
leased premises and operation of its Business Facility.
3. Lynntech's Obligations
3.1 Lynntech agrees to operate its Business facility in the corporate limits of the City of
College Station and to operate its Business Facility to research and develop fuel cell
technology and other technologies
3.2 Lynntech agrees and represents that it will create new and additional gross payroll in
the amounts and on or before the dates according to the below-listed schedule:
07/05/02
Page I
VOLA` PAGE__q~I
EXECUTED this Cla-1 day of 2002.
LYNNTECH, INC.
Signed: z2/i 9_ Date:
Oliver J. M hy, Ph.D.
President
BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION
Signed: Date:
Tim ryan
B-CS EDC
Chairman of the Board
07/05/02
Page 6
VOL_3~_PAGE 10
End Of
Year Dec.
31
New
Full
Time
Jobs
New
Pa
.
Time
Jobs
New
Annual
Gross
Payr0!I
in Exi
Full 9
u
Time
Jobs
Existing
Part
Time
Jobs
Total
Employment
Gross
Payroll
2001
67
39
106
$3,800,000
2002
2
0
$0
_
106
$3,800,000
2003
2
4
$216,000
112
$4,016,000
2004
2
3
$180,000
117
$4,196,000
2005
2
4
$216,000
123
$4,412,000
2006
2
4
$216,000
129
$4,628,000
2007
2
4
$216,000
135
$4,844,000
2008
4
4
$360,000
141
45,204,000
2009
6
6
$360,000
151
$5,564,000
TOTAL
16
29
$1,764,000
67
39
151
55,564,000
3.3 Lynntech's number of employees as of December 31, 2001 is 106 (including 39 part
time), and payroll is $3,800,000. Owner's new employees and payroll specified in 3.2
hereinabove is in addition to these existing figures.
3.4 Lynntech's gross payroll, will increase by a cumulative total of $1,764,000 from the
date of occupancy and will continue to increase over Lynntech's current gross payroll
throughout the term of this Agreement in accordance with the above Agreement.
4. Term
The term of this Agreement is from and after the date of its approval by the B-CS EDC and
executed by both parties until December 31, 2009.
5. Reporting Requirements
The performance obligation referenced in 3.2 above will be measured on December 31 of
each applicable year. On or before December 31 of each year, Lynntech shall receive a
written request for certification of performance from the B-CS EDC. On or before January
31 of each year, Lynntech shall return the certification signed by a duly authorized officer of
the Company. A copy of all four (4) quarters, for the current calendar year, of the Texas
Workforce Commission - Employers Quarterly Report must be returned with the
certification letter. In the event that such certification is not delivered to compliance
representative of the B-CS EDC by said date, then it is assumed that the gross annual
payroll for such year was $0.
6. Performance Agreement
Lynntech agrees to pay to B-CS EDC a default fee of $7,142.85 per year (Default Fees") in
the event that Lynntech fails to meet the conditions set forth in 3.2 above.
07/05/02 Page 2
VIOL U PAGE -1 t
Should Lynntech fail to meet the new capital investment and gross annual payroll figures
listed above as measured on December 31 of each year and provided Lynntech is still
operating its business at the property, then Lynntech shall pay to B-CS EDC a pro-rata share
of the Default Fees equal to the percentage not met.
For example: If in 2004, Lynntech has a gross annual new payroll of $144,000, and
thereby misses the requirement by $36,000, or 2011o,then $1,428.57 or 20% of the Default
Fees of $7,142.85 would be due the B-CS EDC.
In the event that Lynntech abandons its business at the Property, then all of the remaining
Default Fees shall be due and payable to B-CS EDC.
For example: If in 2004, Lynntech has a gross annual new payroll of $144, 000, and
thereby misses the requirement of $180,000 and ceases to operate its business at the
Property, then the total remaining Default Fees ( $42,857.10 which is 6 x $7142,85) shall
be accelerated and become due and payable to B-CS EDC.
As security for the Default Fees, Purchaser, at Purchaser's expense, shall provide a seven
(7) year irrevocable certificate of deposit ("COD") in favor of B-CS EDC in the amount of
$25,000. This COD shall be in a form and issued through a financial institution mutually
acceptable to B-CS EDC and Purchaser. The requirement of the deposit will diminish pro
rata on an annual basis as the performance requirements are met by Lynntech.
In the event that Lynntech abandons its business at the Property, then all of the remaining
Default Fees shall be due and payable to B-CS EDC.
7. Confidentiality
Because of the highly competitive nature of the industry in which Lynntech does business,
the B-CS EDC agrees that the reports that Lynntech will be required to submit may contain
information that Lynntech considers to be valuable proprietary information. As such, the B-
CS EDC agrees to keep any, and all, reports provided by Lynntech as confidential
information.
8. Default
8.1 Events of Default
The following are expressly established as "Events of Default":
(a) Lynntech's cessation of operations.
07/05/02
Page
-ZI
VOL ~q PAGE
(b) The filing by Lynntech of a voluntary petition in bankruptcy or the filing of a
picading in any court of record admitting in writing its inability to pay its debts as
they come due
(c) Lynntech's failure to perform any of the other covenants, conditions, and agreements
of this Agreement and the continuance of such failure after notice in writing from the
B-CS EDC.
(d) Any unauthorized assignment.
(e) Lynntech's failure to remit any repayment when due.
(f) Lynntech's failure to provide annual reports as provided in Section 5.
(g) Lynntech fails to pay its local city, county and ISD property taxes in a timely
manner.
8.2 Remedies In Case of Default
B-CS EDC at its sole option may treat any one or more of the Events of Default defined in
Section 8 or a failure to comply with any other term or condition of this Agreement as a
breach of this Agreement. The B-CS EDC will have one or more of the following remedies:
(a) The B-CS EDC may terminate this agreement, and/or
(b) B-CS EDC may, at B-CS EDC's sole option, require Lynntech to repay all or any
portion of the cash incentive.
8.3 B-CS EDC Default
In the event the B-CS EDC materially breaches any of its obligations and responsibilities
under this Agreement, Lynntech, at its option, may terminate this Agreement, or pursue its
remedies available at law.
9. Assignment
Lynntech may not assign this Agreement without prior written consent of B-CS EDC.
10. 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 Lynnech and B-CS EDC.
11. Texas Law
This Agreement has been made under and shall be governed by the laws of the State of Texas.
12. Place of Performance
07/05/02
Page 4
VOL 4H PAGE 3
Performance and all matters related thereto shall be in Brazos County, Texas, United States
of America.
13. Written Notices
All notices required by this Agreement: (i) shall be in writing, (ii) shall be addressed to the
parties as set forth below unless notified in writing of a change in address, and (iii) shall be
deemed to have been delivered either when personally delivered or, if sent by mail, in which
event it shall be sent by registered or certified mail, return receipt requested, three (3) business
days after mailing. The addresses of the parties are as follows:
To Lynntech, Inc.: Lynntech, Inc.
7610 Eastmark Drive
College Station, Texas 77840
Attn: Oliver J. Murphy, Ph.D.
To B-CS EDC: Bryan/College Station Economic Development Corporation
4001 East 29th Street, Suite 180
Bryan, Texas 77802
Attn: Tim Bryan
07/05/02
Page 5
VOL_YJ_PAGE V'~
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VOL qq PAGE
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to extend the Contract for
Rental Car Services between Brazos County and Advantage Rent-A-
Car, in accordance with all terms and conditions previously agreed to
and accepted, and with no increase in rates.
I understand this agreement will be for the period beginning October 1,
2003 through September 30, 2004.
ADVANTAGE RENT-A-CAR
Authorized Signature
BRAZOS COUNTY
APPROVED:
Sims, County Judge
Suty ZZ . Zoo-S
Date
p
Date
VOL LiY PAGE 9&
RENTAL CAR TABULATION
October 1, 2002 through September 30, 2003
lop
DESCRIPTION
ADVANTAGE
ENTERPRISE
AVIS
LONESTARRE14TALS
1
Far door model upgrade
No a
No charge
NO RESPONSE
NO RESPONSE
2
Off Airport Fees (f applicable)
no age; oes not include
no charge, add 10%
onsighl airport fees @ airport
@ airport location
location
3
Additional a underage driver fees
no fees fur additional or
no charge
drivers under 25. Must be
at least 21
unlimited within Texas and
4
In state or adjoining stale mileage
bordering slates
in state -no dwge
out of state-2 DO miles per day
$.20 each addl mile
5
&aduwl
now
nave
6
Insurance HaAsiars:
a)
supplemental liability protection
$8.891day
9.14
b)
loss damage waiver
included
included
7
Dired Bill
YeS
, no
charge
8
Terms
net 30
net 30
9
Interest charge
5%
None
10
VeNde Charges:
~yl Week
Daily Week
a)
Subcompact
$ 24.00 $ 168.00
$ 25.99 $ 159.99
b)
Compact
$ 26.00 $ 182.00
$ 25.99 $ 159.99
C)
Intermediate (midsize)
S 30.00 $ 210.00
$ 27.99 $ 169.99
d)
Standard
$ 3200 $ 224.00
$ 32.99 $ 18299
8)
Fp
$ 34.00 $ 238.00
$ 36.99 $ 209.99
)
m
$ 40.00 $ 280.00
$ 44.99 $ 249.99
g)
Haim
$ 50.00 $ 350.00
$ 49.99 $ 299.99
11)
tiny
$ 50.00 $ 350.00
$ 58.99 $ 299.99
1)
Truck
$ 50.00 $ 350.00
$ 5299 $ 299.99
Sport Utility
$ 50.00 $ 350.00
$ 49.99 $ 249.99
15 P er Van
$ 65.00 S 455.00
5 60.00 $ 413.99
drop fee W;
ehicle rented fro m
2-0ay minimum an van on week-
one location and rebimed to
ends.
another
RECOMMENDATION: ,'ADVANTAGE
AWARD DATE: q-ag
VOL y #PAGE ~~1
QUOTE TABULATION
Water Treatment Program
Annual Contract
10/01/02 - 09/30/03
DESCRIPTION
VENDOR
ANNUAL CHARGE
Inspection & Maintenance of
Chill & Hot Water Loop
Systems per specifications
Fort Bend Services
$3,600.00
Allegheny Southwest, Inc.
$4,400.00
Malek Service
NO RESPONSE
Air Care
NO RESPONSE
REC Industries
NO RESPONSE
RECOMMEND AWARD TO FORT BEND SERVICES
VOL PAGE
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to extend Annual
Contract for Water Treatment Program, 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, 2004.
'7- 02
03
Date
BRAZOS COUNTY
APPROVED:
Sims, County Judge Date
VOL_~LPAGE
# I9
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: August 5, 2003
ITEM: Permission to enter Haupt Family Partnership / Arrenia Haupt Ellis' property
located in the right of way of the proposed new Jones-Butler Road for the purpose of
removing a berm of dirt originally constructed as part of the, now abandoned I&GN
Railroad. Removal of this berm will accommodate new roadway drainage construction
Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
ADDITIONAL WORK DESCRIPTION:
NOTES/EXCEPTIONS:
SUBMITTED BY:
Richard F. Vance, P.E.
County
0003-076
This Request' Appr ved /Deni
Date: ~5
Randy S' s, County Judge
APPROVED
Co issi ony Jones
Precinct 1
❑ by Commissioners Court
VOL W-I PAGE IDS
Engineer
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
Randy Sims
County Judge
Tony Jones
Commissioner Pct 1
Duane Peters
Commissioner Pct 2
Kenny Mallard
Commissioner Pct 3
Carey Cauley
Commissioner Pct 4
Date July 14, 2003
1. LAND OWNER AND ADDRESS_ Haupt Family Partnership Arrenia Haunt Ellis
22629 Spanish Oaks
San Antonio, Texas 78266
II. LOCATION OF WORK Haupt Family property along proposed I&GN Road
III. DESCRIPTION OF WORK TO BE DONE Permission to enter property for
the purpose of removing the berm of dirt along the fence line of the proposed
I&GN Road. This berm was created during the construction of the I&GN Railroad
(now abandoned). The removal of this berm is necessary for drainage purposes.
IV. MAINTENANCE YES NO X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
prior to maintenance)
Richard F. Vance, P.E. Ey4VMUANWM1WEi&K/ Righ o Way Agent
County Engineer
er will
Owner's Signature: Ovzzl7uu DATE Vi '%a 3
VOL V `I PAGE,
BRA7_0S COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 550010
#ao
DATE OF COURT MEETING: August 5 2003
ITEM: Permission to enter James Milber er's property located off Mumford Road for the
purpose of removing tree limbs and brush at a blind curve (approximately 0.5 mile south
of Louis Mikulin Road) for better sight distance. Site is located in Precinct 4
SOURCE OF FUNDS: N/A
ADDITIONAL WORK DESCRIPTION:
NOTES/EXCEPTIONS:
SUBMITTED BY:
Richard F. Vance, P.E.
County Engineer
0003-077
APPROVED BY:
ommiss n arey Ca ey
Precinc 4
This Req
Date:
Randy Sires, County Judge
by Commissioners Court
V.jt q4 PACE _/1! ,:Z
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
Randy Sims
County Judge
Tony Jones
Commissioner Pct 1
Duane Peters
Commissioner Pct 2
Kenny Mallard
Commissioner Pct 3
Carey Cauley
Commissioner Pct 4
Date Z~ 2003
1. LAND OWNER AND ADDRESS James Milberger
8916 Wheelock Hall Road Bryan Texas 77808
H. LOCATION OF WORK Mumford Road approximately 0.5 mile south of Louis
Mikulin Road
III. DESCRIPTION OF WORK TO BE DONE Trim trees and brush in right of way
of Mumford Road at blind curve for better sight distance
IV. MAINTENANCE YES X NO
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE When needed.
e tified prior to maintenance)
Richard F. Vance, P.E. Engineer Aide / For an / Right of Way Agent
County Engineer
Owner's Signatures will
DATE z (OJ
VOL 4V PAGE 103