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Home My WebLink About2003-12-09-9:00AM-RegularBRAZOS COUNTY BRYAN. TEXAS .t I,. p 11. 02 NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 9 DECEMBER 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 - Judge Sims 2. Cull for citizen's input and/or concerns. Consider and take action on agenda items 3-24 3. Budget Amendment 03/04-9.1 4. Payment of Claims 5. Personnel Change of Status 6. BETCO Tax Abatement Agreement 7. Request by Juvenile Services for DSL services for The Academy Program. 8. Resolution approving participation in the Brazos Valley HOME Consortium and authorizing the execution of the amended cooperative agreement. 9. Approval of Agreement with the Arts Council of the Brazos Valley for assistance with operational expenses related to the P. David Romei Arts Center. 10. Approval of Incentive Proposal for Plantacor, Inc. 11. Reappointment of Pat Fagan and Sue Moody as fire commissioners to serve on the Brazos County Emergency Services District #4 (formerly the Brazos County Fire Prevention District #4). Term of service for both will be 1 January 2004 through 31 December 2005. 12. Approval of the following blanket purchase order: Lowe's $1,000.00 (Building Maintenance) VOL 61 PAGE 3I Commissioners Court Agenda 9 December 2003 Page 2 13. Renewal of contract with Terminix for termite control. 14. Request for permission to dispose of salvage property. 15. Request for permission to advertise the following bid: Bid #2004-015 for replacement of Jail Detention Center plumbing fixtures 16. Recommendation to award the following bids: a. Bid #2004-003 for purchase of motor graders to Mustang Tractor and Equipment Co. b. Bid #2004-004 for cold mix limestone concrete pavement to Vulcan Construction c. Bid #2004-005 for fencing supplies to Hicks Post Co. d. Bid #2004-006 for fence building to Darrell Hurst e. Bid #2004-007 for motor grader blades to Valk Manufacturing 17. Permission to obtain an appraisal on a parcel of land to be used by the Sheriff's Office. 18. Request for approval of tax refund applications for the following: a. lone H. Benner b. Ted Billington c. Brazos County Tax Office d. Monica W. Cook e. Joe S. Garcia, Sr. £ John Gilstrap Construction g. John D. Jenkin & Joyce F. Blasi h. Barbara Hague Jones i. Earnest Knesek j. C. C. McCoy, Jr. k. Ethel L. Mercer 1. Elmer Monroe m. Pars Motors c/o Hossein Ekili n. Christina V. Pearcy (2) o. Mason C. Rittman p. Christina & Mark Robertson q. Eusebia R. Rodriquez (3) r. David Wayne & Patricia E. Ross s. Seadrift Realty Inc. t. Wayne Mitchell & Tracy Lyn Shimek u. Geneva Smith v. Norma Thompson w. Roger B. Watkins x. Warren & Annie F. Whiting 19. Authorization for the Brazos County Judge to execute a Quitclaim Deed to Nova and Valeen Silvy. Site is located in Precinct 1. 20. Request for permission to enter Edsel Jones' property located of I&GN Road for the purpose of leveling the land to drain water from the proposed new Jones-Butler Road. Site is located in Precinct 1. 21. Bryan Texas Utilities' cost estimate of $4,326.56 for the relocation of existing overhead electric facilities to accommodate the new Jones-Butler Road / I&GN Road construction. Site is located in Precinct 1. 22. Resubmission of the Final Plat of Briner Subdivision for correction of a road name (change Di , Road to D.L.&P. Road), Lots 1-8, Block 1, 106.95 acres out of a called 1025.87 acre tract, R. M. Ferguson survey, A-120, Augustus Williams survey, A-58, Jeremiah Tinnin survey, A-229 and Pendleton Rector survey, A-206, volume 2095, page 61, Bryan, Brazos County, Texas. Site is located in Precinct 3. VOL 5) PAGE 3.-L Commissioners Court Agenda 9 December 2003 Page 3 23. Acceptance of a Specialty Warranty Deed from Obie Crisp, Jr. for improvements to a portion of Koppe Bridge Road located in Precinct 1. 24. Acceptance of a Special Warranty Deed from Wymon Johnson for improvements to a portion of Koppe Bridge Road located in Precinct 1. 25. Announcement of interest items and possible future agenda topics. 26. Call for citizen input and/or concerns. 27. Agency / Board / Committee reports by Court members. 28. 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 e,) PAGE 33 COMMISSIONERS' COURT REGULAR MEETING DECEMBER 9, 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, December 9, 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. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns The Court next considered Budget Amendment #03/04- 9.1 that would reallocate funds for the Certificates of Obligation Issued 2003. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. Vol 61 Page '34 Commissioners' Court meeting December 9, 2003 2 The Court next considered the following Claims as submitted by the County Treasurer for payment: 20048183 through 20048376 On motion by Commissioner Peters, seconded by Commissioner Mallard, 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. The County Judge asked the Sheriff's Chief Deputy why they were starting personnel at a step three rather than a step 2. The County Judge indicated he would vote to approve the personnel change of status but that he would like to discuss this with the Sheriff. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was the BETCO Tax Abatement Agreement. Bob Malaise, representative of the Research Valley Partnership, gave a brief report to the Court. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the Assignment, Assumption and Modification Agreement with BETCO allowing the difference between the Vol 51 Page 3 Commissioners' Court meeting December 9, 2003 ad valorem taxes due on the property and the amount of taxes due after abatement be assigned to CIP(TX), LLC, (CIP). A copy is attached. The Court next considered a request by Juvenile Services for DSL Services for The Academy Program. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The cost per month is $129.95. The next matter before the Court was approval of a Resolution approving participation in the Brazos Valley HOME Consortium and authorizing the execution of the amended cooperative agreement. Paul Turney, representative of the Brazos Valley Council of Governments/Brazos Valley Housing Authority, gave an explanation for the amendment. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt a resolution approving participation in the Brazos Valley HOME Consortium and authorizing the County Judge to execute the amended cooperation agreement. A copy is attached. The Court next considered the approval of an Agreement with the Arts Council of the Brazos Valley (ACBV) for assistance with operational expenses related to Vol 51 Page 3 Commissioners' Court meeting December 9, 2003 4 the P. David Romei Arts Center. The ACBV is requesting $10,000.00. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to enter into Agreement with the Arts Council of the Brazos Valley. A copy is attached. The next matter before the Court was A request from the Research Valley Partnership (RVP) for approval of an Incentive Proposal for Plantacor, Inc. Plantacor, Inc. is involved in the development of plant-derived therapeutic products. The RVP is requesting $22,500.00 to be paid from the RVP'S Incentive Fund. On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to approve the incentive proposal. The Court next considered the reappointment of Pat Fagan and Sue Moody as fire commissioners to serve on the Brazos County Emergency Services District #4 (formerly the Brazos County Fire Prevention District #4). On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to reappoint Pat Fagan and Sue Moody as fire commissioners. Term of service for both will be January 1, 2004 through December 31, 2005. The Court proceeded to consider the following blanket Purchase Order: Vol 61 Page 3-7 Commissioners' Court meeting December 9, 2003 Lowe's Building Maintenance $1,000 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Blanket Purchase Order as submitted. The next matter before the Court was approval of the renewal of contract between Brazos County and Terminix Termite Control. The renewal charge is $900.00 for the year. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to renew the contractual agreement with Terminix Termite Control. A copy of the contractual agreement is attached. The Court next considered declaring certain property as surplus and authorizing the destruction or its disposal as worthless. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to declare certain property as surplus and authorizing the destruction or its disposal as worthless. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2004-015 Replacement of Jail Detention Center Plumbing Fixtures. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to 5 Vol 51 Page 3 g Commissioters' Court meeting December 9, 2003 6 authorize the Purchasing Agent to advertise for bids for plumbing fixtures. The Court next considered awarding the following bids. a. Bid No. 2004-003, Purchase of Motor Graders Becky Stephens Senior Buyer, recommended acceptance of the bid submitted by Mustang Tractor & Equipment Company. A copy of the bid tabulation is attached. b. Bid No. 2004-004, Cold Mix Limestone Concrete pavement Becky Stephens Senior Buyer, made the following recommendations: Vulcan Construction Material Primary Vendor for THD330 Class A, Type D Loaded Only and Loaded & Hauled Martin Marietta Materials, Secondary Vendor for THS 330 class A, Type D Loaded Only and Loaded & Hauled Young Contractors, Inc., Primary Vendor for THD 334 Class A, Type D Loaded only and Loaded & Hauled c. Bid No. 2004-005, Fencing Supplies Becky Stephens Senior Buyer, made the following recommendations: Primary Vendor: Hicks Post Company for items 1.0 through 4.4 Brazos Bottom Crop Care for items 5.1 through 5.5 Vol Sl Page 39 Commissioners' Court meeting December 9, 2003 d.Bid 2004-006, Fence Building Maintenance Becky Stephens, Senior Buyer, made the following recommendations: Primary Vendor: Darrell Hurst Secondary Vendor: Corgey and Son e. Bid 2004-007, Motor Grader Blades Becky Stephens, Senior Buyer, made the following recommendations: Primary Vendor: Valk Manufacturing - All Items Secondary Vendor: Mustang Tractor for items l.a through l.d and R. B. Everett & Co. for items 2.a through 2.d On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendations of the Senior Buyer and award the contracts as noted. The Court next considered a request for permission to obtain an appraisal on land to be used by the Sheriff's Office. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to grant permission to obtain an appraisal. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Ione H. Benner, over age exemption, $13.88 b. Ted Billington, over age exemption, $27.05 c. Brazos County Tax Office, Homestead & OA granted $7.70 7 Vol 51 Page t4 o Commissioners' Court meeting December 9, 2003 d. Monica W. Cook, over 65 $207.30 for 2002 & 2003 e. Joe S. Garcia, Sr., over 65 $207.30 for 2002 & 2003 f. John Gilstrap Construction, correct value, $20.50 g. John D. Jenkin & Joyce F. Blasi, over 65 $207.30 for 2002 & 2003 h. Barbara Hague Jones, over 65 $326.25 for 2002 & 2003 i. Earnest Knesek, over 65 $207.30 for 2002 & 2003 j. C. C. McCoy, Jr., homestead for 1999 & 2000, $2.17 k. Ethel L. Mercer, remove late AG penalty, $3.85 1. Elmer Monroe, OA granted, $210.00 m. Pars Motors c/o Hossein Ekili, remove vehicles in special inventory, $501.06 n. Christina V. Pearcy (2), HS/OA FOR 2002 & 2003 $207.30 & $326.25 o. Mason C. Rittman, over 65 $207.30 for 2002 & 2003 p. Christina & Mark Robertson, corrected square footage, $16.44 q. Eusebia R. Rodriguez (3), over 65 $7.09, $7.27 & $7.13 for 2000, 2001, 2002 & 2003 r. David Wayne & Patricia E. Ross, $10.36 for 2002 & 2003, Disabled Vet s. Seadrift Realty, Inc., P&A $.46 t. Wayne Mitchell & Tracy Lyn Shimek, Disabled Vet for 2000, $20.50 u. Geneva Smith chg fz to oas for 00/01. $193.32 v. Norma Thompson, add homestead & Over age, $205.00 w. Roger B. Watkins, add homestead & Over age, $157.11 x. Warren & Annie F. Whiting, OA, $56.28 On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The Court next considered authorization for the County Judge to execute a Quitclaim Deed to Nova and 8 Vol 51 Page 141 Commissioners' Court meeting December 9, 2003 9 Valeen Silvy to clear up title issues to the vacated southern easement of Lot One (1), Block One-R (1-R) of the re-plated Benjamin Graham Subdivision in Precinct 1. Or motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to execute the Quit Claim to Nova and Valeen Silvy. The Court next considered authorizing work outside o$ 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 Edsel Jones on I&GN Road in Precinct 1. The purpose was to level the land to drain water from the proposed new Jones-Butler Road. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to authorize the work. The Court next considered acceptance of the cost estimate submitted by Bryan Texas Utilities in the amount of $4,326.56 for relocation of overhead electric facilities to accommodate the new Jones-Butler/I&GN Road construction in Precinct 1. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to accept the Bryan Texas Utilities cost Vol 61 Page ~ Commissioters' Court meeting December 9, 2003 estimate in the amount of $4,326.56 for relocation of overhead electric facilities to accommodate the new Jones-Butler/I&GN Road. The Court next considered approval of the re- s~bmittal of the Final Plat of Briner Subdivision for cgrrection of a road name (change D.L.&T. Road to D.L.&P. Rmad), Lots 1-8, Block 1, 106.95 Acres out of a called 1025.87 acre Tract. The site is in Precinct 3. Richard Vince, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by ssioner Mallard, seconded by Commissioner Peters, le Court voted unanimously to approve the re-submittal of the Final Plat of Briner Subdivision as submitted. The Court next considered acceptance of a Special W~rranty Deed for right-of-way on Koppe Bridge 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 Special Warranty Deed from Obie Crisp, Jr. for t~e expansion and improvements to Koppe Bridge Road. 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 of a / Page 43 10 issiobers' Court meeting December 9, 2003 11 i Commissioner Peters, the Court voted unanimously to a*thorize the County Judge to accept on behalf of Brazos C~unty a Special Warranty Deed from Wymon Johnson for the e~pansion and improvements to Koppe Bridge Road. There were no announcements of interest items and passible future agenda topics. There were no Agency/Board/Committee reports by Court ers. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. Yol Pagej Thje foregoing minutes of the Commissioners Court meeting held Dgcember 9, 2003 have been examined and are approved in open Court this the O (U of 1 2004, in Bryan, Brazos County, Texas. R C D ane Peters C mmissioner, Precinct 2 C C Attest: ner, Precinct 4 ren mcQueen unty Clerk -A wQ Y01 i S1 Page /1" 0~ Eric Caldwell Commissioner, Precinct 1 Kenny Mallar Commissioner Precinct q~5 j I BRAZO COUNTY COMMISSIONERS COURT MEETIN ON a- 2003 AT ` c) Name Organization/Department P~ CS - Z/Z"--- S 6 Red vtivV~ "Y~ 71 VOLS~ PAGE Ufa i I BRAZO MEETIN COUNTY COMMISSIONERS COURT ON 2003 AT Name Organization/Department ~~J S AAJ GAUL c-A-K-IN ILL, c ~~L Ci i i I i OL PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR NO. 03/04-9.1 his the. 9 h day of December 2003 at a regular meeting of the Commissioners' Court, the following members tre 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: TII[AT WHEREAS, on December 9, 2003 the Court heard and approved a budget amendment for the budget year for Brazos County, Texas. W~IEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen i conditions which could not be reasonably included in the original budget adopted September 12, 2003 the following endment(s) to the original are hereby authorized, as described on the attached page(s). OPTED AND APPROVED this the 9dday of December, 2003. THE COWSSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Judge Original: Copies: County Clerk's Office and attached to the original budget County Auditor County Treasurer Commissioners' Court Minutes VOL 11) 1 PAGE 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-9.1 12/9/2003 FD D ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 48 63 810 801010 DR Building Renovations 150,000.00 48 63 810 801200 DR Building - Sheriff Admin 500,000.00 48 63A 810 801300 DR Building - Jail 600,000.00 48 63A 810 804400 DR Land 150,000.00 48 63 810 809500 DR Computer-Networking Cos 200,000.00 48 63 810 802050 CR Exposition Center 1,600,000.00 Certificates of Obligation Issued 2003 -To reallocate bud et d funds to reflec t the ro ects approved in the obligation contract i Pi el`iared 1'' A~it •t k~c 3. A~i~~ro~ c ;r,r n• a VOL S I_ PAGE 4 PERSONNEL CHANGE OF STATUS y- C01 JRT DATE: December 9, 2003 DEP ARTMENT: Personnel PU OSE: A rove Personnel Chan e f of Status Stat DEP RTMENT NAME R~ g . . ? EMPLOYEE NAME ACTION REQUESTED DIST CT CLERK DENO, KAY MERIT INCREASE ENLOE, JENNIFER MERIT INCREASE LENZ, SYLVIA MERIT INCREASE SIPES, MELANIE MERIT INCREASE 272 DISTRICT COURT EVANS, KRISTIE MERIT INCREASE ODSTRCIL, ROBERT MERIT INCREASE TAYLOR, EVONNE MERIT INCREASE SHER IFF'S OFFICE PITMON, WILLIAM NEW HIRE - FULL TIME REEVES, JEFF NEW HIRE - FULL TIME JUVE NILE SERVICES HILL, SHELIA JOHNSON NEW HIRE - FULL TIME B OS CENTER WHATLEY, BEAU A. RESIGNATION LOWE, TYLER NEW HIRE - PART TIME AG. E XTENSION BADER, KATHLEEN D. RESIGNATION ROA D AND BRIDGE LEFLORE, JIMMY B. RESIGNATION ZWEIFEL, ALBERT R. RESIGNATION Appr ved in Commissioners' Court: Decembe County Judge's or Commissioner's Signature: (This copy to be attached to minutes) j VOL 51 PAGE L ASSIGNMENT, ASSUMPTION AND MODIFIDATION AGREEMENT STATE ~F TEXAS § I § COUNT OF BRAZOS § is Assignment, Assumption and Modification Agreement is entered this day of , 2003, by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of I Texas, acting herein by and through its duly elected County Commissioners Court, (hereinafter referred to as "COUNTY"), BETCO, INC., a Delaware corporation, (hereinafter I referred ~o as "BETCO"), and CIP(TXY I, LLC, a Texas limited liability corporation, (hereinafter referred ~o as "CIP"). RECITALS: , County and BETCO entered into two Tax Abatement Agreements; the first being 0 Agreement for Development and Tax Abatement in Reinvestment Zone Number Twelve Q2), dated December 14, 1999, amended on January 8, 2002 and April 23, 2002, and a second Agreement for Development and Tax Abatement in Reinvestment Zone Number Thirteen (13), dated May 2, 2000, amended on April 2, 2001, (hereinafter collectively the "Agreement'); and I , the Agreement provided for Tax Abatement to BETCO upon the of certain construction and employment requirements; and , BETCO has sold the Premises subject to the Tax Abatement Agreement to CIP and ) as retained title to the personal property; and , CIP has leased the Premises back to BETCO and BETCO continues to operate its business on the property in the same manner as it did prior to the sale of the Premises; and 99-3074 Assignment Assumption and Modification Agreement VOL 5 PAGE L BETCO wishes to continue to receive the benefit of the tax abatement as it is contr4ctually obligated under its lease to CIP for the payment of ad valorem and personal taxes; and the parties are in agreement that BETCO should continue to benefit from the , THEREFORE, KNOW ALL MEN BY THESE PRESENTS: that for and in of the mutual covenants herein expressed receipt and sufficiency which is hereby the parties agree as follows: 1~ The Agreement is hereby assigned and transferred by BETCO as Assignor to CIP, as Assignee, and such assignment is hereby approved by the COUNTY. 2~ All obligations of the Agreement are hereby assumed by CIP; provided however, BETCO shall continue to be responsible for the fulfillment of all the performance requirements as set forth in paragraphs two (2) and thirteen (13) of the Agreement. Failure of BETCO to so perform shall result in a default, and be subject to the remedies as stated therein. 3 CIP agrees to pass on to BETCO the benefit of the abatement of the ad valorem taxes and shall not endeavor to collect from BETCO, the difference between the ad valorem taxes due on the property and the amount of taxes due after abatement. BETCO shall retain the right to file for abatement of taxes on the personal property as provided for in the Agreement. 4 CIP shall promptly notify COUNTY of any default under the Lease by BETCO, if CIP intends, as a consequence thereof, to terminate such lease and right to possession by BETCO. 5 To be eligible for the continuation of the tax abatement, CIP must lease one hundred percent (100%) of the Premises to BETCO for the term of the Agreement. 6 Should the Lease terminate prior to the abatement term expiring or should CIP fail to lease one hundred percent (100%) of the Premises to BETCO, all taxes abated pursuant to the Agreement shall be recaptured. 7 Notwithstanding any agreement herein to pass on the benefit of taxes abated pursuant hereto to BETCO, CIP agrees and understands that it shall be liable for the payment of all ad valorem taxes on the Premises. CIP pass through of any tax 99-3074 Assi ment Assumption and Modification Agreement VOL PAGE 0'Z benefit to BETCO shall not constitute a release from or bar recapture of taxes from CIP of taxes previously abated under the Agreement following a default. CIP and BETCO agree that an additional event of default, pursuant to the Agreement, shall be the filing of an application by CIP or BETCO for the consent to the appointment of a receiver, trustee or a liquidator of its business and all of its assets, the filing of a voluntary petition and bankruptcy or the filing of a pleading in any court admitting in writing its inability to pay its debts as they come due, the making by CIP or BETCO of a general assignment for the benefit creditors and for filing of an answer admitting the material allegations of or in consenting to or default in answering a petition filed against it in any bankruptcy proceeding. CIP AND BETCO MUST FILE AN APPLICATION FOR TAX ABATEMENT WITH THE BRAZOS COUNTY APPRAISAL DISTRICT IN ACCORDANCE WITH SECTION 11.28 AND 11.43 OF THE PROPERTY TAX CODE IN ORDER TO RECEIVE TAX ABATEMENT. FAILURE TO FILE THE APPLICATION WILL RESULT IN LOSS OF TAX ABATEMENT FOR THAT YEAR. CIP AND BETCO SHALL FURNISH A COPY OF SUCH ANNUAL FILING TO THE COUNTY AND EACH OTHER SIMULTANEOUSLY WITH THE FILING AND IN ALL EVENTS ON OR BEFORE TEN (10) DAYS PRIOR TO THE LAST DATE OF FILING SUCH APPLICATION. COUNTY SHALL NOT WAIVE A BREACH OF THIS PROVISION BY CIP OR BETCO. CIP and BETCO shall be jointly and severally liable for any and all terms, conditions, liabilities and obligations pursuant to the Agreement except to the extent that a specific provision is obviously applicable to only one or the other of the parties to this agreement. 1. In addition to the parties stated in paragraph 16 h of the Agreement, BETCO and CIP shall give all notices required by the Agreement to: The Research Valley Partnership Attention: Mr. Bob Malaise 4001 E. 29th Street, Suite 180 Bryan, Texas 77802 as expressly amended hereby all the terms and provisions of the Agreement shall remain i* full force and effect as originally written. 99-3074 Assignment Assumption and Modification Agreement VOL ~51 PAGE -53 BRAZOS County By: Randy Si TEXAS County Judge ATTES : BETCO, I i By: S n aRO Z. M u 2d o e. K - --S am S abri, its President-- C E D RSSf. 2~}ft2~ ATTES F-. CIAS.A,~ By!hFAD14 Z. 1huPAoc aY. S A b : ~~emberz Title STATE F TEXAS § § ACKNOWLEDGMENT COUNT OF BRAZOS § Before me, the undersigned authority, on this day personally appeared Judge Randy Sims w is the County Judge of Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said County. iven under my hand and seal of office on this the -1:4L day of , 2003. - a~vw~o DEBBIE LOCKLEDGE NOTARY PUBLIC STATE EXPIRES: TEXAS COMMISSION EXPI R Notary Public in and for the JUDY 8, zoo? State of Texas 99-3074 Assignment Assumption and Modification Agreement 10 L VOL 51 PAGE 54 !So6k STATE OFif CAROLINA § r~i~f1 § ACKNOWLEDGMENT CO Y OF CHARLESTON § coo efore me, the undersigned authority, on this day personally appeared Sam Sabri who is the of BETCO, Inc., a Delaware Corporation, on behalf of said corporation, known to me to b the person whose name is subscribed to the foregoing instrument, and acknowledged to me that a executed the same for the purposes and consideration therein expressed. ZoG ~iven under my hand and seal of office on this the day of , A4-) /11Y Co rirn i ss iciv EX~iQfS 101,05107 Notary lic in and for the State ofi Carolina AfeZf A JV~RfI, CA/1t>lin~ff STATE F § § ACKNOWLEDGMENT COUNTY OF j Before me, the undersigned authority, on this day personally appeared -SA i2 Y. SAbjei who is the Membc-2 of CIP(TX I, LLC, a Texas limited liability corporation, known to me to be the person whose name is subsc 'bed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. Given under my hand and seal of office on this the day of 4mc Zoo 4 , 2993. i~1 Y 99-3074 Et[IG/b5 107 Assumption and Modification Agreement Notary ublic in and for the State of Texas ! Alne^ 1i l~A /1G /i NA VOL ~I PAGE S BRAZOS COUNTY BRYAN. TEXAS RESOLUTION OF BRAZOS COUNTY, TEXAS APPROVING PARTICIPATION IN THE BRAZOS VALLEY HOME CONSORTIUM AND AUTHORIZING THE EXECUTION OF THE AMENDED COOPERATION AGREEMENT WHEREAS, the National Affordable Housing Act of 1990, as amended, created the H ME Investment Partnership Program; and WHEREAS, the Act provides that units of general local governments that are )hically contiguous may form a consortium for the purpose of qualifying for a formula grant allocation; and WHEREAS, Brazos County, Texas desires to enter into a legally binding Cooperation Agreement with other eligible contiguous local governments in Brazos Valle Council of Governments Region; and WHEREAS, Washington County, Texas accepts the role of Lead Entity; NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Braz s County, Texas approves the participation of Brazos County, Texas in the Brazos Valle HOME Consortium. BE IT FURTHER RESOLVED that the Brazos County Commissioners Court izes the County Judge to execute the Brazos Valley HOME Consortium ration Agreement. ADOPTED this 4~1-4 day of , 2003. Randy Sims,Zrazos County Judge A C~~c are i McQueen, Brazos VOL 5J-PAGE AMENDED BRAZOS VALLEY HOME CONSORTIUM COOPERATION AGREEMENT WHEREAS, the National Affordable Housing Act of 1990, as amended, zed the HOME Investment Partnership Program; and WHEREAS, the HOME Investment Partnership Program authorizes the U. S. nent of Housing and Urban Development to allocate funds by formula among states and local governments to provide affordable housing; and WHEREAS, the National Affordable Housing Act of 1990, as amended, provides that units of local governments that are geographically contiguous may form a consortium for th purpose of receiving a funding allocation as a participating jurisdiction in the HOME Investment Partnership Program; and WHEREAS, the Texas Interlocal Cooperation Acts permits local units of government to contract with other localities to perform any service or activity for which they e authorized to perform by law and to cooperate with other localities on a basis of mutual advantage; NOW, THEREFORE, the parties identified below mutually agree as follows: 1. The Brazos Valley HOME Consortium is hereby established for the purpose of qualifying as a participating jurisdiction for receipt of federal funds through the HOME Investment Partnership Program. 2. The parties agree to cooperate to undertake or to assist in undertaking affordable housing activities for the HOME Program. 3. Washington County shall assume the role of lead entity and shall contract with the Brazos Valley Council of Governments to act in a representative capacity for all member units of general local government and both entities shall assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with federal rules, regulations and requirements of the HOME Program, including requirements concerning a Consolidated Plan. 4. The parties agree to affirmatively further fair housing. 5. The parties agree that the term of this agreement shall be that period of time necessary to do and perform all activities that will be funded from HOME funds awarded for the period of three Federal fiscal years commencing with the 2002 Federal Fiscal Year and all parties are prohibited from withdrawing from the Cooperation Agreement during said period. VOL 51 PAGE Z I 6. The members of the Consortium will not be required to provide matching funds for the proposed programs unless approved by the jurisdiction's authorizing public body. However, the participating jurisdiction agrees to assist the Consortium in identifying eligible funds, if available. This t an on In wit 7. The Consortium and participating members program year are the same for CDBG, HOME, ESG, and HOPWA Programs. 8. This agreement provides for automatic renewal for participatory successive three-year qualification periods. The Consortium's lead entity will notify each participating unit of general local government in writing of its right not to participate for the successive three-year qualifying period. The Consortium will adopt any amendment to the agreement incorporating changes necessary to meet the requirements for cooperative agreements set forth in a Consortia Qualification Notice applicable for a subsequent three-year Consortia qualification period. Failure to comply with the above will void the automatic renewal of the Consortium Agreement. ment may be executed in multiple counterparts, each of which shall be deemed and all of which shall constitute one and the same instrument. s whereof, the parties hereto have caused this Cooperation Agreement to be by their duly authorized officers. Sims, Judge December 9, 2003 County, Texas ATTf ST: McQueen County Clerk VOL I PAGE 5~ AGREEMENT STATE F TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNT OF TEXAS § S AGREEMENT, made and entered into this 0-day of December, 2003, by and between ~RTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered by the S of Texas, acting by and through its duly authorized agent and officer, hereinafter referred 7tas ACBV, and the County of Brazos, State of Texas acting by and through its County Judge, du#y authorized to act, hereinafter referred to as County. WITNESSETH: , Article 3, Section 52-a of the Constitution, Section 381 of the Local Code of the State of Texas and V.A.T.S. §5190.6 provide for COUNTY to engage in econo0c development activities; and , a primary focus of economic development inquires is the quality of arts programsl in a community; and ACBV provides assistance to local arts organizations of the COUNTY through f mdmg and support for programs involving substance abuse prevention and education for Brazo~ County children through arts programs and continue to provide arts-related programs and scholarships for young people which foster positive self-image and thereby assists in of drug and alcohol use and abuse; and Article 152m, V.A.T.S. recognizes that the health, education, and general welfare of the citizens of the State of Texas require promotion and education about the ii*, dramatic, visual, and literary arts; and VOL 51 PAGE 59 said Article permits COUNTY to provide funding for cultural education ilities~ and is to be liberally construed; and ACBV provides funding to member organizations, in part, for facilities isiti~ n and upkeep, and Article 5190.7, V.A.T.S. permits COUNTY to assist with urban enterprise zones, REAS, ACBV through its funding programs has provided benefit to Brazos County, Texas through programs attracting over 25,000 participants, and resulting in significant purchase of goods from Brazos County merchants; and V(HEREAS, ACBV has provided funding to assist local performing arts groups; and N~HEREAS, Chapter 318 of the Local Government Code of the State of Texas provides for histooc preservation; and other programs provided by COUNTY art directly benefited by ACBV and its mem organizations. OW, THEREFORE, COUNTY and ACBV hereby agree as follows: 1. CBV through its funding and support of members organizations agrees to provide the above enumerated services which it has provided and agrees to continue to engage in support of arts II. for and in consideration of the services provided to COUNTY, hereby agrees to pay to Brazos WBV a lump sum payment of TEN THOUSAND DOLLARS ($10,000) for I expenses related to the P. David Romei Arts Center which will house the ACBV, the Iley Veterans Memorial and the Brazos Valley Art League. VOL 51 PAGE (00 CBV agrees to provide an account of how the $10,000 was distributed to meet the above described services. CBV hereby agrees to hold COUNTY, its officers, agents, servants, and employees harmles from any loss, damage, injury or claim arising from any negligent act during the course of its o rations. WITNESS OUR HANDS this ~`dayf December, 2003. ARTS COUNCIL OF BRAZOS VALLEY, INC. By: x utive Director - By: By: 1-414 Rani y S , County Judge CERTIF AS TO AVAILABILITY OF FUNDS: By: Co tv Auditor VOL,51 PAGE 0 0 0 0 _ 00 o LO C Q :0 IL Q CD ° co r- ^ " 0 6 w m ~ w m ~ r- ~ m c) ~ Lo ~ z ~ z y L z I j i~j 6,9,1 1 °o °o o r` ulj CC co cn w L CO F 0) m 03 cl m C4 r ~ M O 0 0 1- O O v v O v Z v z v z v Q Z Z as vs W o fsr CD $ 0 O 0 °o o ~ V a O C~ co N V W Q m ' W O N N N V F ) CIT S 6 ] 6 ' 0 6 _ g } H } m Z C M 1- } M Z Er co _ a J Z O M M M M ~ W O m L W = Z N h LL ~ vi .sr OZ Q o = ,a ug z d W O M LLJ z U O z W _ CD- O C! L-0 o O °o W co f _3 O m o i M a Wp ad ol N GC Z v ~ } a C9 ~ m m ~ } m v rE a m } m a C7 o m m ~ } m z a O _ O CE W, O N N Z N z c 7 N z N z N Z ' L 03 r; d' ~ O _ m G W ED < =D LU ALL mZ() z 6 w'a z 0 cc m J O ~ _ H W Q N Q w+ ~aU o - o V $ o Q N ° D 2 j _ 1 - v ( rn o d E °c m U OCfa U W N o Lo m C%l cl `n > pCa? > o w IL w 6 o w o m w 0 - w 6 o 5-0 IL w W 6 o FO im 0 w 6 o Fn LL o = 401, d O Z F } Z !E Z 0 0 - } Z O ~ U rn ~ W M o ° N J N A V O O x h O J O LO 6, co, Z 0a 22 Q Q M ° M t O 4 C U) a w J a W m cm w Op W mZ m 0 LL H t0~ gQ fz W z 0 u ~ ~ CL Q `~ga CL zm M _ CL :3 IL O w E 2c CL o x LL O U 2 ¢ O 0 F- u zo L ~ U) !JJ V o oaw m 1 Zm ~qzZ m' U co C! ~Q W N 3 v o a w , w O O0LL a~ W~ ~ W ~ U) m 0 y Z D D Of o W fn m p F- r J 0 F- Z ~ Q O Y1 Q m co t ¢F-O J Q J m ~ w a Q m w IL ~ z O 9 0 < Lc F- Z p F- d Q F-1- n W a 0 0 z ~ O a Z Q u' x a = ~ 0 _ ZZ O Q ; 5 F - O i c LL a m O F - m N O m m Le, H U W 0 (D F- U Q VGL 51 PAGE l Z BID TABULATION 2004005 FENCING SUPPLIES - ANNUAL CONTRACT 1211512003.1211412004 PRODUCT Qty BRAZOS BOTTOM CROP CARE *CONROEWOOD PRODUCTS HICKS POST COMPANY '-'COWE'S 1.0 BARBED WIRE ros Unit Price: $35.001ROLL SEE NOTE BELOW Stock NIB NIB 1.1 Feet Per Roll: 2.0 E ARBLESSWIRE 100 rolls Unit Price: NIB NIB $33.001ROLL Stock 2.1 Feet Per Roll: 3.0 M ETAL TEE POSTS 3.1 6-1ITTee Posts 1,000 each Unit Price: NIB NIB $2.501POST Stock 3.1 3.2 7' Tee Posts 1,000 each Unit Price: NIB NIB $2.671POST Stock 3.2 4.0 WOODEN POSTS 4.1 x 6-112' Wooden Posts-.4000A 1,000 each NIB $3.62 Unit Price: (60 per bdl) $3.85 EA Stock 4.0 4.1 4.2 6"x8'-. CCA 1,00 each Unit Price: NIB $8.96 $9.20 EA Stock (30 per bdl) 4.2 4.3 " x 8 0 CA 1,000 each Unit Price: NIB $10.92 $11.30 EA Stock (20 per bdi) 4.3 4.4 B'x8'-.40 CCA 1,000 each Unit Price: NIB $14.04 $14.20 EA Stock (15 per bdl) 4.4 5.0 CEDAR POST 5.1 4" 6-112' Cedar Posts 1,000 each $3.60 EA YARDS Unit Price: $3.10 EA WIRES $3.64 NIB Stock 5.2 5" x6-1/2' 1,000 each .35 EA YARDS Unit Price: $3.60 EA WIRES $4.31 NIB Stock 5.3 6" x 8' 1,000 each Unit Price: $9.95 EA $8.96 NIB Stock 5.4 7" x 8' 1,000 each Unit Price: $12.75 EA $13.44 NIB Stock 5.5 8" x 8' 1,000 each Unit Price: $15.25 EA $19.60 NIB Stock *CONROE D PRODUCTS - ITEMS 4.1- 4.4 MINIMUM ORDER OF 8 BUNDLES ...ONE SIZE OR COMBINATION ITEMS 5.1- 5.5 MINIMUM ORDER 1 TRUCK LOAD (18 WHEELER) ANY COMBINATION FOR CEDAR POSTS **LOWE'S D NOT BID PER ITEM ...WILL GIVE BC 10% DISCOUNT WHEN CALL FOR PRICES RECOMME DATION: HICKS POST COMPANY for ITEMS 1.0 THRU 4.4 BRAZOS BOTTO P CA r ITEMS .1 TH 5.5 COURT AP ROVAL: APPROVA DATE: V0 L 51 PAGE F- C (n z U O O o = Z M J LL 9 0 o o N 44) .0 F- VV - I- w W 0 W Q Z Q O z Z L) U O co) C LLZJ N 61) M 4 . csi O W E N 0 Z p = u. 6 ) - O V V i ? = CD N = - f U Z N 0-0 CL W 0 _j ww r ~ O I-- M z O Q W O W Q 0 C~ OCO) z m N N ~ J ui W 0 H W z WZa ~ w CV O O w ce 0 W > } m 0 0 cl Z O ti T- z m U Q a ) y a z e W k%U) O a 0 IL W N U) oc IL W O J C~ LL. J 2 2 (D D aa . ( ~ 0 0 t V CL -0 c ° ~ ~ efi co O W '~'z z d a cu I~ w a -0 N U p It 0 cu O U Q :E 4) V= w O C~ co VOL -51 FAGL 0 Z W Z ; W , U z' 0 0 0 0 0 0 0 0 W O O m m CT Lo M ti 0 0 0 0 O O = COO i Cl) r CV O M N Itt m C " - M CO LC) Y LC) O Cd Q- <,o " 69 609, 69 69 69 69 69 69 J O Z Y CV C1 rn J O W Z d m O Cf) r T C C6 CL E O U W ca m Q' Q CO N N CO U.) CD CO r M l0 Cn O N C) CA J Q ~ !n Q z r 6M4 6N9 609 V 6 3 V9 d m O , 9 Q m c r O UJ co co 4 ~ O Q N CO W O Z W T rn COO, M Cl m m m m ~ H Cl) an Z Q u' O LU T- ~ Cl) qcr ZzmM a o ' ~ U m z ~ H J CV) C D O U F- N m u- Z Q O r . Q GOc ' co ~e Fn co Z J j W X O N cq -7 CO M ~ O m z U- O 0 am CO Co 69 69 69 69 CV CV O 69 d9 69 64 Q V - M O > z W W y - O > f r ,M. Q 7 1 \ m - c G ti Q a w ;o Zo ;o ;o ;o a ~r N - ~OXXX xxXx ~i w O: v `ono X co ` `o_o °O J S rr~ ` Z X O Q W ~ v in M to M u) M to `0 - 1 ` 1 O ui F= > Q O Q a' MXXX XXXX O F= F- F- F- o~ o~ rn Q f itt-- ; C) O a U) Z Q Q W " - a 0 Z , ~ O 6 c[i a CS cc v CV w jr O J W e aL -,-m a -'W V Q W F= O O ~y Cn Cn N kj $ " O _(~5 VOL -51_PAGE -rte n „ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM _ DEPAR MENT Road and Bridge NUMBER 560010 i DATE F COURT MEETING: December 9 2003 ITEM: Permission to enter Edsel Jones' Property located off I&GN Road for the u ose of leveling the land to drain water from the proposed new Jones-Butler Road _ in P SOURC OF FUNDS: N/A ADD ZONAL WORK DESCRIPTI ONS: SUBMITTED BY: APPROVED Richard .Vance, P.E. Co fission ony Jones County Engineer Precinct 1 0003-1 8 This Re uest is Approved /Denied❑ by Commissioners Court Date: / ~ 0 /J - dy §Rh6,~6unty Judge VOL 6 1 PAGE_ to i Richard F. Vance, P.E. County Engineer Owner' Signature: BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Alvin W. Jones County J Tony Jone O F Commissio er Pa 1 J 9 Wiigalm S. ton 0 Comrtrss' Pd 2 co Randy Sim Conunissi er Pc (3 8191oGE Carey caul y Conunissior or Pd 4 Date T)PrPmhar 2- 9003 1. AND OWNER AND ADDRESS Edsel Jones 3di University East College Station, Texas 77840 II. OCATION OF WORK Proposed Jones-Butler Road (I&GN) III. DESCRIPTION OF WORK TO BE DONE Permission to enter property for the purpose of removing the berm of dirt along your property line of the proposed road. This berm was created during the construction of the I&GN Railroad (now abandoned.) The removal of this dirt is necessary for drainage purposes. IV. MAINTENANCE YES NO x I YES, ESTIMATE FREQUENCY OF MAINTENANCE (Owner will tified prior to maintenance) V aL 5 1_ PAGE T. 111. vt vvay tagenL DATE ,~~~Gr D3