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HomeMy WebLinkAbout2004-03-02-9:00AM-RegularBRAZOSCOUNTY ~Q BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COM ISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION 2 MARCH 2004 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZ S COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Peters 2. Call fir citizen's input and/or concerns Consider anal take action on agenda items 3 -19: 3. Requ4st by County Court at Law #2 to move funds from last year's budget to the current budget to pa for a photocopier that was ordered and received at the end of the last budget year. 4. Budget Amendment 03/04-19.1 thru 03/04-19.2 5. Perso#0el Change of Status 6. Paymint of Claims 7. Contra with the City of Bryan for use of their 800 MHz radio system by Brazos County as its Prim Dispatch System. 8. Requ st by I. T. Department to allow C1ickFind, Inc. to continue providing hosting services for the B iazos County website. This service is provided at no cost to Brazos County. 9. Request by I. T. Department to renew the maintenance agreement with Fujitsu Computer Prod s of America, Inc. to service the scanners located in the District Clerk's Office and I.T. 10 to purchase a replacement Line Printer for the I. T. Department. VOL 63 PAGE 105 Commissioners Court Agenda 2 March 2004 Page 2 11 12. 13 14. 15. by I. T. Department for approval of the Fiber Optic Network installation and maintenance it between Brazos County and Bryan Texas Utilities. The fiber optic network will connect the se to the Juvenile Detention Center and the County Engineer's Office. of Tax Refund Applications for the following: a. Bryan B. & Lori A. Berger f. William Dean Letbetter & Thomas Doyle Letbetter b. Ross C. & Janet Berier g. J. Vincente Orozco c. Marcelino Campos h. Janice M. Patterson d. Jonathan Hughes i.. Harry A. Shetrone of the Brazos County Treasurer's Report for the month of January 2004. Tax Abatement Agreement between Brazos County and Kent Moore Cabinets, of the following blanket purchase orders: Ray Criswell $3,000.00 Lowe's $1,000.00 16. Request by Purchasing for approval of the third year State Contract Maintenance Agreement for the c pier purchased for Juvenile Boot Camp. Period of agreement is 2/19/04 through 2/19/05. 17. Request by the Sheriff's Office for approval of Purchase Order for radios from Motorola. 18. Requost by Purchasing for approval to award the following bids: Bid #2003-045: Jones Butler Road Water System Improvements to lowest bidder Elliott Construction. Bid #2004-015: Replacement of Detention Center Plumbing Fixtures to lowest bidder - B & B Plumbing. 19. Requ st by Wickson Creek Special Utility District to construct a road bore for a water line instal ation in the right of way of Pate Road approximately 0.5 mile from its intersection with SH-3 Site is located in Precinct 3. 20. Acknledgement of Texas A&M University's 2003 Racial Profiling Statistics Report, submitted in compliance with the reporting requirement of the Texas Racial Profiling Law. 21. Announcement of interest items and possible future agenda topics. 22. Call i$ar citizen input and/or concerns. 23. Ag#y / Board / Committee reports by Court members. 24. Adj The Brazos Cou ty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made tw business days before the meeting. To make arrangements, call (979) 361-4102. VOL 63 PAGE / of COMMISSIONERS' COURT REGULAR MEETING MARCH 2, 2004 A regular meeting of the Commissioners' Court of Brazos runty, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, bE fc !ginning at 9:00 a.m. on Tuesday, March 2, 2004 with the )Mowing members of the Court present: Randy Mallard, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct l; 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 of "ficials that were in attendance. Commissioner Peters gave the invocation and led the PI ,edge of allegiance. There was no citizen input/and or concerns. The first matter before the Court was a request by County urt at Law #2 to move funds from last year's budget to pay •r a photocopier that was ordered and received at the end of Cd fd t le last budget year. On motion by Commissioner Cauley, s conded by Commissioner Peters, the Court voted unanimously t~ approve the request. 'OL 63 PAGE ) o `7 Co issioners Court meeting March 2, 2004 2 The Court next considered Budget Amendment #03/04-19.1 th ough 19.2, that would transfer funds from Contingency to County Court at Law # 2 and correct budget amendment 9.1 by tr nsferring from the Exposition Center line item into Ne working Costs. 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. The Court proceeded to consider the change of status of e ployees as submitted on the attached Personnel Action R quests. On motion by Commissioner Peters, seconded by C mmissioner Caldwell, the Court voted unanimously to a prove the changes as submitted. The Court next considered the following Claims as s bmitted by the County Treasurer for payment: 20050415 through 20050656 O motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims listed above with the exception of c aim #200550493. The next matter before the Court was the approval of a'contract with the City of Bryan for use of their 800 M Z radio system as Brazos County's primary dispatch OL 53 PAGE 10 a, ission ' Court meeting March 2, 2004 3 sy tem. Total annual cost per user radio will be $286.56 with Brazos County having 180 user radios. On motion by Co issioner Cauley, seconded by Commissioner Caldwell, the Court voted unanimously to approve the contract with the City of Bryan. A copy is attached. The next matter before the Court was a request by the Information Technology Department to allow C1ickFind, In . to continue providing hosting services for the Brazos County Website. This service is provided at no cost to the county. On motion by Commissioner Cauley, se onded by Commissioner Peters, the Court voted unanimously to approve the request. The Court proceeded to consider another request by the! Information Technology Department to renew the ma ntenance agreement with Fujitsu Computer Products of Am rica, Inc. to service the scanners located in the Di trict Clerk's Office and the Information Technology De' rtment. Cost of the Agreement is $4,275.00 annually. On motion by Commissioner Cauley, seconded by Co issioner Peters, the Court voted unanimously to renew the maintenance agreement. A copy is attached. The next matter before the Court was a request by th Information Technology Department to purchase a L 53 PAGE ho 9 ione s' Court meeting March 2, 2004 re'lacement line printer. The current printer is broken. Total replacement is $11,079.00. On motion by Commissioner Caldwell, seconded by Commissioner Cauley, th Court voted unanimously to approve the purchase. The Court next considered a request by the Information Technology Department to approve the Fiber Optic Network Installation And Maintenance Agreement between Brazos County and Bryan Texas Utilities. This will connect the Courthouse to the Juvenile Detention Ce ter and the Road and Bridge Department. The cost of the agreement is $167,622.62 with an annual maintenance cot of $4,500.00. On motion by Commissioner Cauley, se +onded by Commissioner Mallard, the Court voted unanimously to approve the request. A copy is attached. The next matter for consideration was approval of ta' refund applications from the following individuals an'/or companies: a. Bryan B & Lori A Berger, OP $14.29 b. Ross C. & Janet Berier, OP $726.93 c. Marcelino Campos, OP $252.00 d. Jonathan Hughes, OP $41.27 e. William Dean Letbetter & Thomas Doyle Letbetter, OP $100.00 f. J. Vincente Orozco, OP $252.00 g. Janice M. Patterson, OP $168.00 h. Harry A. Shetrone, OP $104.83 0 motion by Commissioner Peters, seconded by L 5 3 PAGE 00 4 done 's' Court meeting March 2, 2004 Co missioner Mallard, the Court voted unanimously to approve the tax refund applications. On motion by Commissioner Peters, seconded by Co missioner Cauley, the Court voted unanimously to re eive, approve and order filed as submitted the Tr('asurer's report for January 2004. A copy of which is at ached to and made a part of these minutes. The Court next considered a proposed Tax Abatement Agreement between Brazos County and Kent Moore Cabinets. Thlls was approved in Court last week but since then, ch nges have been made to the document. The tax exemption sh 11 exempt the value of the land, buildings and the of er permanent improvements. Under the conditions of th abatement the following rates shall be in effect for th' following years: Year % of Abatement 2004 0% 2005 70% 2006 70% 2007 60% 2008 50% 2009 40% 2010 30% 2011 20% 2012 10% 2013 0% T ho first abatement will be rescinded at next week's C M:missioners Court meeting. On motion by Commissioner OL 53 PAGE m 5 don's' Court meeting March 2, 2004 Ma'1ard, seconded by Commissioner Caldwell, the Court voted unanimously to approve the Agreement for De elopment and tax abatement in Reinvestment Zone Number Si teen and Commercial Tax Abatement. The Court proceeded to consider the following Bl nket Purchase Orders: Ray Criswell Building Maintenance $3,000 Lowe's Brazos Center $1,000 On motion by Commissioner Peters, seconded by Co issioner Cauley, the Court voted unanimously to ap rove the Blanket Purchase Orders as submitted. The next matter before the Court was a request by the Pu'chasing Department for approval of the third year St te contract maintenance Agreement for the copier pu'chased for Juvenile Boot Camp. Cost for the third ye r is $327.83 beginning February 19, 2004 and ending Fe ruary 19, 2005. On motion by Commissioner Cauley, sell'onded by Commissioner Peters, the Court voted %nimously to approve the request. The Court next considered a request by the Sheriff's of ice for approval of a requisition for a Purchase Order fo radios from Motorola. The requisition is in the am unt of $495,906.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted L 5 3 PAGE i i z 6 ' Court meeting March 2, 2004 nimously to approve the requisition. The Court next considered awarding the following bids. a. Bid No. 2004-045, Jones-Butler Road Water System Improvements Becky Stephens, Senior Buyer, recommended acceptance of the bid submitted by Elliott Construction. On motion by Commissioner Caldwell, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract to Elliott Construction. A copy of the bid tabulation is attached. b. Bid No. 2004-015, Replacement of Detention Center Plumbing Fixtures Pat Howard, Purchasing Agent, recommended acceptance of the bid submitted by B&B Plumbing. On motion by Commissioner Caldwell, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to B&B Plumbing. A copy of the bid tabulation is attached. The Court next considered the request from Wickson 3ek Special Utility District to construct a road bore fd',r waterline installation in the right-of-way of Pate approximately 0.5 mile from its intersection with SH 3d1. The site is located in Precinct 3. The County L 53 PAGE 113 7 done 's' Court meeting March 2, 2004 En'ineer stated that all appeared to be in order and re ommended approval. on motion by Commissioner Mallard, se onded by Commissioner Cauley, the Court voted un'nimously to approve the request from Wickson Creek Sp vial Utility District and authorized the installation. A jopy of the request is attached hereto. The Court acknowledged receipt of Texas A&M U4versity's 2003 Racial Profiling statistics Report, su itted in compliance with the reporting requirement of the Texas Racial Profiling Law. 8 There were no announcements of interest items and polssible future agenda topics. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard COL a. He and Commissioner Caldwell drove to Austin for a Conference Urban Counties meeting. They discussed the special session in April. The legislature is trying to lower school taxes and cap the city and county's ability to raise taxes. Commissioner Mallard said we need to be very attentive to these issues. The CUC is also trying to see that unfunded mandates are addressed. Commissioner Caldwell 53 PAGE 114- s' Court meeting March 2, 2004 9 b. The Legislature is considering increasing "sin" taxes such as cigarettes and tax service in order to raise revenue. There being no further business to come before the Court, the meeting was adjourned. (JL 53 PAGE i I.s The foregoing minutes of the Commissioners Court meeting held March 2, 2004 have been examined and are approved in open C hurt this the day of S 2004, in Bryan, B '4zos County, Texas. Rapdy `ims Cdlun~-/Y Judge ne Peters missioner, Precinct 2 C rey uley, Jr. C mmis ioner, Preci ~C't/4 Attest: K ren McQueen C unty Clerk C Eric Caldwell Commissioner, Precinct 1 Kenny Mall r Commissioner, Precinct 3 'OL 53 PAGE II 4F BRAZO ' COUNTY COMMISSIONERS COURT MEETIN G, ON A4aA o2 2001AT q:CO • Name Organization/Department co - - j r L2J g 77, : , ;~,.,,r,~y" j ~ l,~ ! .''fit.... s 1.... 'L'~'.~ C -7 t t~7 it f...r .~~J//}/~.~./1 I v \~~,/•~-/off 1~~~~j~ I~t11-+ V ~ ` v.JY VOL 63 PAGE r BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR NO. 03/04-19.1 thru 03/04-19.2 i this the 2nd day of March 2004 at a regular meeting of the Commissioners' Court, the following members imere present: Randy Sims, County Judge, Presiding Eric Caldwell, 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 follo ing proceedings were held: THAT WHEREAS, on 2 March 2004 the Court heard and approved a budget amendment for the 2003-200 budget year for Brazos County, Texas. [IEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen which could not be reasonably included in the original budget adopted 12 September 2003 the snendment(s) to the original are hereby authorized, as described on the attached page(s). )OPTED AND APPROVED this the 2nd day of March 2004. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL .S3 PAGE li y BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-19.2 3/2/2004 FD D IV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 48 6 '810 802050 Dr. Networking Costs 200,000.00 48 63 ,4810 809500 Cr. Exposition Center 200,000.00 Cert' cates of Obli ation 2003 To c ect the budget amendment 9. 1 approved in December 2003 to allow for the fiber o tic cable to be ru to the Detention Center, Road and Bridge, and Juvenile. 9.1 a ©neousl put the $ 200,000 in e- Exposition Center line itme instead of Networkin Costs s tet~ y dc rpr~vecl 45- PERSONNEL CHANGE OF STATUS COTIRT DATE: March 2, 2004 DEPARTMENT: Personnel PU OSE: Approve Personnel Change of Status Oman DEP RTMENT NAME EMPLOYEE NAME ACTION REQUESTED DISTPICT CLERK LAVENDER, LINDSAY NEW HIRE - TEMPORARY SERVICES HILL, SHELIA BAZY, SHENITA MCKEY, VICTORIA RODRIGUEZ, ANDREW ESCALON, JOSE MIGUEL CONERWAY, RONNETTE ADD STATE STIPEND ADD STATE STIPEND ADD STATE STIPEND RESIGNATION RESIGNATION RESIGNATION in Commissioners' Court: March 2, Count Judge's or Commissioner's Signature: (This opy to be attached to minutes) VOL 53 PAGE / zz. AGREEMENT This nent is made and entered into and executed by and between the City of Bryan, Texas, called "City", and Brazos County, Texas, a political subdivision of the State of Texas, called "User". Recitals system; the City operates a trunked 800 megahertz radio system duly licensed by the Federal cation Commission (FCC) for operation of same; and the City desires to accommodate additional radio units on its trunked 800 MHz radio Whereas ser desires to use the City's radio system to communicate among its various radio units as Primary Dispatch System; and the governing body of the City has duly authorized this agreement; the governing body of User has duly authorized this agreement; Whereasthis agreement is made pursuant to and under the provisions of Chapter 791 of the Texas G vernment Code; For and i conjunction of the mutual promises, obligations and benefits hereinafter set forth, the City and User hereby agree as follows: I Definitions A. Primptry Dispatch System: A c munication system upon which the User, its agents, employees or assigns rely prim 'ly when it desires to conduct radio communications between its radio units. B. Prio pity Access: An a 'signed level of system access that determines the priority of access to the radio system when 'snore than six (6) radio units are seeking system usage simultaneously. VOL 63 PAGE 1,2-3 C. Radi System: A tru ed 800 Megahertz radio system owned by the City of Bryan and licensed by the FCC that ables radio communications via radio units in accordance with certain technical D. Radi 'Unit: Mobi e, stationary or portable radio communications units communicating among themselves on ce in radio frequencies. E. Syste Unit Identification Number: A unique identification number that allows a radio unit to gain access to the radio system, there 'y enabling radio units to communicate among themselves at certain radio frequencies. F. Talk 'roups: A pr ;rammed group of radios system Users that can communicate with each other over an 800 HZ system without other non-programmed radio users being able to hear or talk to the jerouD users. G. User County, Texas, its officers, employees and agents. II Obligations of the City A. Allow the User to have access to its radio system to engage in radio communications among its radio units as a Primary Dispatch System. B. Provide the User initially with 180 Unit Identification Numbers that will access its radio syste , thereby providing a Primary Dispatch System for the User's radio units. The number of radio units needing Unit Identification Numbers may be increased or decreased by User depen d iniz on need. C. Obse and abide by all applicable statutes, laws, rules and regulations, including, but not limite to, those of the FCC, as well as those applicable administrative rules of the City that are no in effect or may be effective during the term of this agreement. D. Upon ing notified that one or more of the User's radio units have been lost or stolen, take all reasonable actions to prevent any of the User's lost or stolen radio units from gaining access ''to the radio system. E. operation, repair, programming and maintenance of the radio system will be the responsibility of the City, unless otherwise stated in this agreement. VOL 673 PAGE 1-14 F. Prove all authorized radio users, the initial and subsequent programming information requited to maintain identification number/unit affiliation. III Obligations of User A. Assue all cost and responsibility for providing the radio units that will have access to the City' radio system. B. User all make a written notification to the City detailing the type and number of radio units it wi ties to activate in the radio system. Furthermore, should the User wish to increase, decr we or otherwise change the number of radio units that have access to the radio system, User all make a written notification to the City for said change. Said notification should be mad at least ten (10) days prior to the effective date of the change. The City expressly rese es the right to refuse any further requests for change in the number or types of radio its accessing the radio system. C. Noti the City within twenty-four (24) hours when one of the User's radio units has become lost stolen. D. Use t System Unit Identification Numbers described herein to access the City's radio syste as a Primary Dispatch System. E. Observe and abide by all applicable statutes, laws, rules and regulations, including, but not limit44 to, those of the FCC, as well as those applicable administrative rules of the City that are now in effect or that may become effective during the term of this Agreement. Further, the User acknowledges that, should any of these statutes, laws, rules, regulations or admi 'strative rules change during the term of this agreement, and if this change necessitates a m 'fication of the agreement, the modification may be effectuated by the City without inc 'ng any liability for this modification. Should any change in the applicable statutes, rules regulations, or administrative rules necessitate modification of this agreement, the City shall notify the User of any such change within 30 days of such date that the City becomes awar of the change. IV Payment of Fees User ex rvessly understands and agrees to pay the City for access to the radio system at a rate which is premised upon infrastructure and operating costs, depreciation and number of users as describe on Attachment A attached hereto and made a part hereof for all purposes. For the first year of t 'e Contract and for every year thereafter until changed as provided below, that cost shall be 286. 6 dollars per radio per year, subject to change based upon the number of radio units in use. is charge is to help pay the recurring and maintenance cost of the radio system infrastru 'tore. The Users agree to prepay said yearly charges in full at the beginning of each fiscal ye The annual fee is calculated for the fiscal year based on the unit count as of July 1" of VOL 43 PAGE 1 255 the prior scal year. Should any radio units be added to the system during the fiscal year, User will pay to the City at a prorated rate of 23.88 dollars per month per unit, subject to recalcula on as set forth on Attachment A. Should the User decrease the number of radio units during t fiscal year, the City will refund to User at the prorated rate of 23.88 dollars per month p unit, subject to recalculation as set forth on Attachment A. Units that are added during the fiscal gear will be billed as they are added. User agrees to pay to the City the prorated amount for acces to the system within thirty (30) days of invoice. The Ci ,tray at any time revise the annual fees set forth herein based upon a change in infrastr ure and annual operating costs by giving the User written notification by July 1st of any gi en year. User agrees to pay all fees due hereunder from funds available from current revenue. Note: Th4 billing cycle is designed to facilitate budgeting for the Users as well as the City. V Automatic Renewal / Termination The term jof this agreement is one (1) year from the date this agreement is executed by the parties. is agreement will automatically renew on its anniversary date unless either party terminate 'it, giving the other party prior written notice of its intention to terminate not less than ninety (90) days prior to the expiration of the term of this agreement. Notwithstanding the preceedi this agreement terminates: A Immediately if all or substantially all of the trunked radio system authorizations held by the City are revoked by the FCC or its successor agency. B.' Upon either party giving the other party ninety (90) days prior written notice of intent to terminate. Should the User terminate this agreement as provided in this paragraph, the User agrees that payment in full of any and all payments owed to the City by the User is a condition precedent to termination. Should the User terminate this Agreement after having prepaid for the year of termination, the City shall refund to 'the User that portion of the prepaid fee equal to the fractional part of the then current one (1) year term not used. VI Default If the Us fails to make payment of any sum due under this agreement or fails to perform as required ` der any provision of this agreement, and such failure continues for sixty (60) days after the ity has given the User written notice of such failure, then the User is in default under this agre ent. In the event of the User's default, the City has the right to terminate the agreemen deny the User any service provided by the City under this agreement, and retain all monies p to the City pursuant to the terms and conditions of this agreement as liquidated VOL S3 PAGE /2G damages Each and all rights and remedies of the City are cumulative to and not in lieu of each and ever other such right and remedy afforded by law and equity. VII Hold Harmless The Use agrees to hold the City harmless to the extent allowed by law for any and all claims arising frthe User's or its agents' use of the City's radio system to the extent that the City is not held ''accountable to any person, firm, corporation, body politic, or any other entity for damages stained from the use of the radio system, or the services provided by the User or its agents, arising from its use. VIII Failure To Perform Should tile City fail to perform as provided under the terms of this agreement, the User's remedies are termination of this agreement and the City agrees to make a refund to the User of the portico of the pre-paid fee based upon the fractional part of the one year term remaining under thi agreement. IX Coverage User ac wledges that communications in one hundred percent (100%) of any area at all times is improb le. There may be adverse transmission conditions, such as short-term unpredictable meteorol 'cal effects and sky wave interference from distant stations that can interrupt the radio system. L ewise, there are other causes beyond reasonable control of the City, including, but not limited to motor ignition and electrical noise, that may be minimized by corrective devices at the User's expense. Any surveys, studies, research or other measures taken by the User or at the User's re 'nest, to ensure the adequacy of coverage provided to the User under this agreement are the sole r onsibility and expense of the User. X Assignability The User grees to not assign this agreement unless it receives the prior written consent of the City; pro ded however, City does hereby consent to the User entering into an Interlocal Agreeme with the City of College Station, Texas A&M University, Blinn College and the City permittin access by all such parties to the User's use and access to the Radio System in emergenc `situations. VOL 53 PAGE b :;K7 XI Venue This The ment is governed by and construed in accordance with the laws of the State of Texas. for any action or claim arising out of this agreement is Brazos County, Texas. XII Entirety of Agreement This and 4 held i executed within th iment contains the entire agreement between the parties relating to the rights granted ations assumed, and supersedes prior offers, negotiations, and agreements. If any of this agreement to any person or circumstance shall, at any time or to the extent be id or unenforceable, the remainder of this agreement shall not be affected thereby. Any ons concerning this agreement are of no force and effect unless in writing and by both parties, except for those modifications effectuated pursuant to the provisions i agreement. XI Notices All not mailed I and communications permitted or required to be given under this agreement are to be certified mail, return receipt requested to the following address: For the C,ty: City of Bryan P. O. Box 1000 Bryan, TX 77805 Attention: Radio System Engineer For The ser: Brazos County Sheriff 300 E. 26`h Street, Suite 105 Bryan, TX 77803 Attention: Chief Deputy XII System / User Security User will',have an agreed quantity of dedicated talkgroups assigned and will maintain their own autonom The dedicated talkgroups assigned to the User become the property of the User and User con is who has access to those specific talkgroups. Should the User wish to allow other agencies ccess to their dedicated talkgroups, User must give written notice, signed by an official authorize to do such, to the City before said access will be permitted. User hereby gives notice to the Ci y of its intention to enter into an Interlocal Agreement as described in paragraph X hereof. vnt 53 In order of the rai system 1 protect the security of the dedicated talkgroups assigned to the User and the integrity ► system, the City will maintain control of the system key (electronic password). The is required to make talkgroup assignments. No one without express written from the City may possess the system key. XIII Priority Access The City d User agree that a higher priority for access to the radio system should be given to police, fi le, and emergency medical service radio units than for other radio units. The City agrees to ovide the User's police, fire, and emergency medical service radio units the same priority o access as the City's police, fire, and emergency medical service radio units. XIV Cooperative Purchasing The resp tive participating governmental agencies are authorized by the Interlocal Cooperative Act, V.T. .A. Government Code Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions normally associated with the operation of governor ' t such as purchasing of necessary materials and supplies. The City awarded a contract t Motorola in compliance with State Purchasing regulations on May 27, 2003. Under the term of the contract and under a cooperative purchasing agreement, all respective participating governmental agencies within Brazos County, Texas or any volunteer fire departme t within Brazos County, Texas are authorized to purchase at the discounted levels negotiated. Executed offective as to the date of the 1 execution/signature of this agreement: CA f B n: Attest: By: y y n Watson Mary Lynne tratta City Secretary Date: _ Approved as to form and legality: 1~~e d , lt-le-~- ' Michael J. osentino City Atto ey afffi. 53 PACE Coun Brazos: Attest: C& 47 By: .4e - C Rand County Judge Karen McQueen, County Clerk Date: 1'1J- Marl- a VOL ~53 PAGE 130 ATTACHMENT A BRYAN TRUNKED RADIO SYSTEM COST SHARING METHODOLOGY (I TRINE 2001-?0041 MgTCl A UISITION COSTS In structure cost fixed, per Motorola contract) $ 1,908,457 D 'reciated across 10 ears $ 190,846 Di ded b total number of user radios 683 ual cost per user radio $ 279.42 O IERATING COSTS Es ' ated Annual operating costs $ 4,875 Di " ded b total number of user radios 683 ual cost per user radio $ 7.14 "INTENANCE COSTS ated annual maintenance costs 0 ed b total number of user radios 683 al cost er user radio $ 0 I A T L L ANNUAL COST PER USER RADIO $ 286.56 y cost per user radio = $ 23.88 SUMMARY OF 2003-2004 COUNTY COSTS (ANNUALIZED) Onty Sheriff (110 user radios) = 110 x $ 286.56 = $ 31,521.60 astables (44 user radios) = 44 x $ 286.56 = $ 12,608.64 linty Attorney (12 user radios) = 12 x $ 286.56 = $ 3,438.72 alth Department (14 user radios) = 14 x $ 286.56 = $ 4,011.84 VOL 53 PAGE 131 FEB-23-2004 1p':43 FROM:CLICKFIND, INC 979-822-4978 IickFind" Information Intemet Service Agreement TO:3614408 ClickFind, Inc. 110 North Main Street Bryan, Texas 77803 To// Free 877.552.3463 Direct 979.822.2828 Fax 979.822.4978 P.2 Cam y name: o Cou e n-& r ma Te cY, no I v Street ddress: 2 C> 2 -t- 2-'7 S+rQ t- S u i+ (o Z city; I r State: --t Zip: 1 p Country Billing ddress: City State: 7r p: Country PhonO; 3(ol- A43 to Fax: 3rvt -yc.(oR Email: wc6ma5fcr m co (irezoc _+,t_r~c Conta 7orry 1 0 Street ddress: Z02_ FcS1_ 27 tv, k r c t S u' I o 2 City: ar State: -T4,~ Zip: q 1) '8 t) 3 Country Phon 3 110 Fax: a$ Email: t o 15 o a c .6 rv_-Z og . }ic . Aftem tis Contact r Ft F L Phorl 3j, % -L( 3 O Fax: '3(p 1 - L4 N o 12) Email: I S %,(0 o_rt, )ce @ o , b ra,2o5 . i-s.v and Conditions Follo g are the terms and conditions under which ClickFind, Inc. (ClickFind) offers World Wide Web presence and s er storage. Please read them carefully before signing the Internet Service Agreement. By signing the Intern ;tablished. Service Agreement form, you agree to honor all the terms and conditions given here. Paym t is due by the 1 " of the month. You will be invoiced when this form Is submitted and your account has been You are responsible for payment of the invoice whether the account is being used or not. Charg will be billed according to the price list currently in effect at the time the service is billed. You may canoe Dour service at any time. ClickFind reserves the right to terminate your account or refuse service. 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VOL 63 PAGE / 3Z FIBER OPTIC NETWORK INSTALLATION AND MAINTENANCE AGREEMENT This bete Texz B rya greement is entered into this day of V(Qr-6.~- , 2004, by and on BRYAN TEXAS UTILITIES, 205 East 28th Street, Bryan, Brazos County, 77803, (herein "BTU"), and BRAZOS COUNTY, TEXAS, 300 East 26th Street, Brazos County, Texas 77803, (herein "COUNTY"). Recitals: cab consi folio A. WHEREAS, BTU has the expertise and facilities to install such fiber optic and WHEREAS, the parties have agreed that entering into a Fiber Optic Ilk Installation Agreement is to the benefit of both parties. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS, that for and in eration of the terms and conditions set forth herein, the parties agree as 5: BTU agrees to install a fiber optic network at the County as stated herein. In furtherance of such obligation, BTU agrees to perform the following: 1. secure the fiber optic cables to be installed pursuant to this Agreement to existing BTU utility poles. 2. provide all labor and materials required to install the fiber optic network. 3. (i) provide all permits and licenses required to install the fiber optic cables; (ii) replace any utility pole or poles which require replacement; and, (iii) relocate any facility on an existing utility pole or poles which requires relocation. 4. install fiber optic cables between each location listed in Subparagraph A of this Paragraph 4, in the manner described therein. Page 1 of 7 VOL 53 PAGE /23 A Cou WHEREAS, COUNTY has a need to extend fiber optic cables from its main ~ouse to various outlining County offices; and BRAZOS CO/BTU A. Two (2) twenty-four (24)-strand, single-mode fiber optic cables, co-lashed together from/to the following locations: Cable 1: From Brazos County Courthouse, located at 300 E. 26th St., to the Juvenile Detention Center, located at 1904 St. Hwy. 21 W. Cable 2: From Brazos County Courthouse, located at 300 E. 26th St., to the Brazos County Engineer's Office, located at 2617 St. Hwy. 21 W. 5. install all fiber optic cables and terminate each strand within those cables, end-to-end, so that the network operates in conformance with the manufacturer's published specifications. 6. install building entrance provisions at each location, maintaining existing architectural site and building plans, carrying the outside fiber plant to the main wiring closet. 7. provide intra-building connections, consisting of cable management, splice/ termination panels, pigtails, fiber patch panels, connectors (SC-type) and other materials as necessary. provide appropriate labeling of cables and fiber patch panels, including aerial and underground cable markers. 9. test each installed fiber optic cable with an Optical Time-domain Reflectometer (OTDR) in order to verify system integrity. Installation and testing will conform to TIA/EIA 568 standards and shall meet the following requirements: a. Fiber optic connectors: The attenuation shall not exceed 0.75 dB per mated pair; b. Splice loss: The attenuation shall not exceed 0.3 dB per splice; c. Cable attenuation: The attenuation shall meet the following guidelines: C 1310 nm < 0.4 dB; * 1550 nm < 0.3 dB; d. There may be various splice enclosures located throughout the route, as directed by the various fiber optic cable lengths. 10. provide two (2) copies of as-built drawings, in both hard copy and electronic format. Page 2 of 7 BRAZOS CO/BTU VOL~63 PAGE 13a2- e) 11. waive all pole attachment fees for fiber optic cables installed, pursuant.to this contract only. B. C. D. E. Cable installation under this contract is to consist of new, separately sheathed cable. However, where available, fiber optic cables will be installed co-lashed onto existing fiber optic cables owned either by BTU or County, but at no point are they to be trunked via existing higher- count cables. County shall be deemed to have given notice to proceed with the work to be performed hereunder effective on the date of the signing of this contract. Upon notice to proceed, BTU will obtain the necessary permits and commence the make-ready for fiber optic cable installation, which is estimated to take six (6) weeks to complete. After make-ready is completed, installation of the fiber optic network will commence, which is estimated to take three (3) weeks to complete. The estimated completion date for this project is c. 2004. When County can establish to its satisfaction, a successful layer 2 connectivity between network devices at each end of the installed fiber this contract shall be deemed accepted. The date of acceptance shall constitute the "Completion Date". In full consideration for the materials sold, delivered, and installed hereunder, and subject to the terms and conditions of this agreement, County agrees to pay to BTU the sum of One Hundred Sixty-seven Thousand Six Hundred Twenty-two and 62/100 US Dollars ($167,622.62). Such shall be due no later than thirty (30) days after the Completion Date. BTU and the County agree the Fiber Optic Network shall be maintained pursuant to the Warranty and Maintenance Agreement attached hereto as Exhibit "A" and made a part hereof for all purposes. IN WITNESS WHEREOF, the parties have executed this agreement as of f Page 3 of 7 BRAZOS CO/BTU VOL 5-3 PAGE 133 BRYAN TEXAS UTILITIES By: Dan Wilkerson, General Manager BRAZOS C AS By: Randy i s, County Judge Approved as to form: By: Michael J. Cosentino, City Attorney Attest: By %Z Kar n McQueen, County Clerk Page 4 of 7 BRAZOS CO/BTU VOL 53 PAGE 13f , EXHIBIT "A" FIBER OPTIC NETWORK WARRANTY Et MAINTENANCE AGREEMENT The following outlines the warranty and maintenance agreement between Bryan Texas Utilities and Brazos County for the Brazos County Fiber Optic Network. WARRANTY ,BTU will provide a standard one-year warranty on the Fiber Optic 'Network installed for the County to protect against manufacturer's and installation defects, to take effect on the Completion Date. MAINTENANCE Subject to the terms and provisions of this agreement, during the Initial Term and each subsequent renewal term, BTU will provide all maintenance and service on the fiber optic network installed under this contract. This agreement is for an initial term commencing on the Completion Date and continuing for one (1) year, (herein the "Initial Term"). County agrees to pay BTU for the service described herein a fee of Four Thousand Five Hundred and 00/100 US Dollars ($4,500.00), upon the Completion Date. Upon the termination of the Initial Term this agreement shall be renewed automatically for successive terms of one (1) year each, ("Renewal Term"), subject to the terms and provisions hereof. Should either party wish not to renew this Agreement, such non-renewing party shall provide notice of its intention not to renew, ninety (90) days prior to the expiration of the then current term. Each subsequent Renewal Term payment shall be due and payable on the first day of each such subsequent Renewal Term. County agrees to pay BTU for the service described herein a fee of Four Thousand Five Hundred and 00/100 US Dollars ($4,500.00), for each Renewal Term. Page 5 of 7 BRAZOS CO/BTU VOL 63 PAGE 136 SCOPE OF MAINTENANCE AND SERVICE BTU agrees that its maintenance to the fiber optic network includes: 1. Reattaching fiber to a replacement utility pole; 2. Splicing and testing broken or damaged equipment; 3. All repairs (which shall include new fiber optic cable necessary to effect such repairs) and ongoing support of the network to include: a. Dig Tess notification; b. Moving fiber due to street widening; c. Outages by drivers; d. Disruption of underground facilities; e. Relocating fiber due to utility moves, e.g. aerial to underground facilities; f. And other non-County related incidents; The maintenance coverage does not cover acts of God, to the extent such acts affect only the County or negligence of County personnel or other County contractors working on County property. For coverage of acts of God, County may include the fiber optic network under any other insurance policy it deems appropriate. This Agreement is contingent upon County allowing BTU to invoice County for all costs related to outages caused by an insured driver hitting a utility pole. BTU will furnish County an invoice that County agrees to submit to the insurance company, of the insured driver in any court suit or action brought against such driver by BTU or a third party. County would not be liable for paying the BTU bill in the event the insurance claim was denied, refused or not prosecuted. BTU will coordinate all maintenance and service actions, utilizing authorized contract resources or company personnel. Requests for maintenance or service by County shall be directed through BTU's 24-hour Dispatch department, including emergency repair. If the repair is due to an outage, response time will be no greater than 2 hours. BTU agrees to have such repair completed within 24 hours from the time of its occurrence. Page 6 of 7 BRAZOS CO/BTU VOL 63 PAGE 136 For all other maintenance and service actions, every effort will be made to make all parties aware of such actions required at the earliest possible time. All work shalt be coordinated, scheduled, and agreed upon prior to commencement between appropriate County and BTU personnel. BTU agrees that such work will be completed in a timely manner suitable to the scope of work at hand. County agrees to provide BTU access to the fiber optic network during the performance of all required maintenance and service by BTU. This access shall be coordinated with the County's I.T. Department and in no event shall BTU cause unscheduled outages in the availability of the fiber optic network as a result of such maintenance. County may cancel this contract at any time during the Initial or any Renewal Term for unsatisfactory performance, in County's sole discretion. In such event, BTU shall refund a portion of the maintenance fee paid hereunder, prorated for the months of actual service during the Initial or Renewal Term. Termination of this Maintenance Agreement for cause or as a result of non-renewal shall not affect the County's right to maintain its fiber optic cables at its own expense. In any case, there will be no cost to the County for the use of the BTU owned utility poles utilized under this contract. Page 7 of 7 BRAZOS CO/BTU Rye 53 PME 137 t l3 The State of Texas, County of BRAZOS We, t undersigned, as County Commissioners within and for Brazos County, and the Hono able Randy Sims, County Judge of Brazos County, constituting the entire Co 'ssioners' Court of Brazos County, during a regular meeting of said Court have exam ed the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and subm ed as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for i the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.0 d) Witn s my hand this _ day of marcL A.D. 2004 c aren McQueen County Clerk, County of BRAZOS, State of Texas Ex ned and approved in open Commissioners' Court this day of 2004. Z ---krck- Randy Simw,"County Judge Eric Caldwell, Commissioner Precinct #1 Duane Peters, Commiss oner Precinct #2 F~IL=t L Kenny Mallard, mmissioner Pr inct #3 Cauley, Tread4rer's Report for the Month of JANUARY 2004 VOL S3 PAG 138 Ol O N O C fD Ol {A C N O 7 Q N N 6 O 1V77 O W V T AIJI W N N hW+ O lND ONO VN1 W N r O 0 V 01 VI A W N V07 N N fn c A z y O v 8 c ~ ~ v ~ m 8 c 8 c ~ ~ s 88 cz D O rn z G „ F ~ T a t 8 p m 3 e c rn c v v m z c rn R c~ 7P Q¢ c ~3 A z Z m z 0 0 o o c C1 m m z N g v tit m m fn p v m c < D Z z Qv 07 W ~ ? p Qp v 3 m 2 T 3 v v N v Q c c Z O A v 3 r n 3 Fn 3 O p 0 " 3 m z m O Oi p n C Z U, 7~" S 70 5 O v 0 v z 3 z v GDl A p z 3 z a rt i c N m z v 3 m m X o z c v 0 z c v v ~ ICI 70 N ~ i0 W W p~~~ A pppp O b FN+ N W N W V 01 N N W - N W T 0 N . 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A 1 .0 0 0 ~ 1pp V 0 W ~ N A A V 0 9, N t 10 w b O N O N W N 802p t il s ' p p ONE O ZD A I O O N W A V 01 l D (71 1 0 V W lD ON W O W m z i ym m m { v r A N V M O W W V W : . { iD N F 01 I + W D W N W O 0 t 0 O + V1 ; A i V N t f H + V N N r 0 A W 0 W W V F W O + O Ol ; 01 D N w r N V7 W W O1 N V A W O I r D W ~ V W A t ON - + p1 P 1 N D T 7 N W A+ ' W N w a N \ t0 N1 O ~ pp 8 O 0 N N 0 C N W 1 r 1 N N 1 V A 1 1 W W 1 D r 0 01 O C V f A 1 + . V7 A W V O r ] 0 801 0 1 N 0 4 V . J Q W 0 W 1 O p 1 W O W , V 4 N 1 1 0 . tDA C O 1 W t 0 N W O 1077 c o O O N V W J a ' W 4 1 : N N A 0 01 N : W O 0, ~ Ut t W 0 V 0 W V C A 1 : A p V 0 M 0 ID W O O N O W 01 " N O O W 1 01 0 D 0 0 A 0 01 V A D r ~ - - 0 0 V W VI O O N 0 A V 01 N 1 D O N 01 1 0, 1 0 N V W 1 D 0 1 V O W VOL 63 PAGE 139 AGREEMENT FOR DEVELOPMENT AND TAX TEMENT IN REINVESTMENT ZONE NUMBER SIXTEEN (16) FOR COMMERCIAL TAX ABATEMENT, CITY OF BRYAN, TEXAS STATE CP TEXAS § Court, limited general OF BRAZOS § Agreement entered into by and between BRAZOS COUNTY, TEXAS, a political of the State of Texas, acting herein by and through its duly elected Commissioners referred to as "COUNTY"), and KENT MOORE CABINETS, LTD., a Texas ip (hereinafter referred to as "OWNER") acting herein by and through its sole Kent Moore Resources, LLC. WITNESSETH: 2004, by the City Council of the City of Bryan, Texas, on the 24`h day of February, established Reinvestment Zone Number Sixteen (16) for Commercial Tax City of Bryan, Texas (hereinafter referred to as "Zone") as authorized by CHAPTER 312, TEXAS TALC CODE. EREAS, in order to provide for the proper development of such property and to aid in the condu of the operation thereof to the best interest of the Brazos County, Texas, in accordance with the a~ ove-referenced ordinances and statute, the parties do mutually agree as follows: 1. a real property on which the real property improvements, personal property and equipmen to be abated pursuant to this Agreement will be situated is a tract of land consisting of im#tely 1.09 acres of land described as 1.09 acres of land, lying and being situated in Bryan, Brazos C ty, Texas, and being a portion of Lots 5A2-R and 3R, Block 5, Brazos County Industrial Lark, Phase III, Brazos County, Texas, according to the Plat recorded in Volume 3985, Page 329 Official Records of Brazos County, Texas, and a portion of Lot 3R Block 5, Brazos VOL 531PAGE 140 County Park, Phase III, according to the Plat recorded in Volume 4584, Page 44, Official Records f Brazos County, Texas., and being more particularly described by metes and bounds in Exhibit attached hereto and made a part hereof for all purposes, (herein the "Property"). The real prop4rty and all improvements constructed thereon will be hereinafter referred to as "the 2. Al of the following obligations of OWNER form the consideration for COUNTY entering i#o this Agreement: OWNER's construction on or before December 31, 2004, of a manutac ring/processing space having a minimum square footage of 47,000 square feet (real property briprovements) with a value of at least $2,600,000 on the Property, as described by listing or y site plan on Exhibit "B" attached hereto and made a part hereof for all purposes. b. IOWNER's commitment to install or locate on the Property, at least $2,400,000 in furniture, fixtures and personal property on or before December 31, 2004. A schedule Pf equipment and personal property is attached as Exhibit "C" hereto and made a part hereof for all purposes. 3. OWNER agrees to construct all improvements in accordance with all applicable laws, ord' ances, codes, rules, requirements or regulations of the City of Bryan, Brazos County, the State Of Texas, and the United States, and any subdivision, agency or authority thereof in effect at * time of development. 4. O'WNER agrees that the site plan, exterior design drawings, specifications and materials referred to as "Plans") for the improvements will be submitted to COUNTY, and/or its VOL Si PAGE J41 ;representative, for approval, which Plans are incorporated herein for all purposes. An official se 5. O casualty COUNT` 6. O Premises the dates of Plans will be designated by the OWNER and kept on file with the COUNTY. shall keep the Premises insured against loss or damage by fire or any other full replacement value by purchasing insurance. OWNER shall furnish the 's Risk Manager with a certificate of insurance, evidencing such coverage. shall submit written notice to COUNTY within ninety (90) days after the materially damaged by fire or any other casualty. The notice shall either set forth will commence and complete the repair, remodeling or renovation of the damaged II, Premises or state that OWNER will not undertake such repair, remodeling or If OWNER notifies COUNTY that it will not undertake repair, remodeling or of the damaged Premises, or if OWNER fails to complete the repair, remodeling or by the completion date set forth in OWNER's notice to COUNTY, then COUNTY shall tern ate this Agreement and COUNTY shall recapture from OWNER all property tax revenue COUNTY has lost as a result of this Agreement as required by §312.205(a)(4), Texas Property Tax Code. 7. O ER agrees to provide COUNTY and its designees access to the Premises during regular b iness hours throughout the term of this Agreement for the purposes of inspection and of books, records, construction, workmanship, materials, and installations to OWNER has complied with any requirement of this Agreement. 8. O)"ER agrees to limit the use of the Premises consistent with the general purpose of development or redevelopment within Reinvestment Zone No. 16 while partial abatemen of ad valorem taxes is in effect pursuant to this Agreement. VOL e, 3 'AGE 1 9. O ER represents and warrants that no member of the County Commissioners Court has an in est in the Premises and that the same are not owned or leased by any member of the County Chnmissioners Court. 10. O ER agrees that COUNTY assumes no liability or responsibility by approving plans, issuing b ` ding permits or making inspections in the event there is a defect in the improvements on the Premises. The relationship between COUNTY, OWNER, and any taxing unit shall not 1#e deemed to be a partnership or joint venture for purposes of this Agreement. 11. O"ER shall indemnify, hold harmless and defend COUNTY, its employees, officials, and agen~ from and against any and all obligations, claims, suits, demands and liability or alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements and related e~enses arising in any manner from OWNER'S construction, use and operation of the Premises, 1l provided, however, that OWNER shall not be required to indemnify and hold harmless for injury or harm caused by COUNTY's negligence or willful misconduct. 12. OWNER agrees to pay all ad valorem taxes and assessments (except as abated pursuant to this 4treement or otherwise exempt) owed to COUNTY prior to such taxes and/or becoming delinquent. OWNER shall have the right to contest in good faith the validity of application of any such tax or assessment and shall not be considered in default contests resulting t so long as such contest is diligently pursued to completion. In the event that OWNER ch tax or assessment, all uncontested taxes and assessments shall be promptly paid to prior to delinquency. If OWNER undertakes any such contest, it shall notify and keep COUNTY apprised of the status of such contest. Should OWNER be a1 in any such contest, OWNER shall promptly pay all taxes, penalties and interest VOL S3 PAGE 143 13. O"ER agrees that a default occurs if (i) OWNER does not maintain the Premises in good con~tion, wear and tear excepted; (ii) OWNER fails to repair, remodel or renovate any material amage or destruction of the Premises as provided for in Section 6 above; (iii) OWNER fails to u the Premises for the purposes contemplated by this Agreement or allows the same to become 4acant; (iv) OWNER does not pay all non-abated taxes in the manner required by Section J~ hereof; (v) OWNER fails to comply with all applicable statutes, administrative or ordinances of the United States, the State of Texas and/or the City of Bryan the operations or maintenance of the Premises or the conduct of OWNER's business in Bryan, Texas; (vi) OWNER fails to perform its obligations under Section 2a. or 2b of this Agreeme t on or before December 31, 2004; or (vii) OWNER fails to comply with any other duty or o ligation arising under this Agreement. COUNTY shall notify OWNER in writing of such defat, and OWNER shall have thirty (30) days after receipt of such written notice, to cure any default, if the default can be cured. If OWNER fails to cure such default, or if OWNER's default c not be cured, COUNTY may, at COUNTY's sole option (except as to a default defined hi (ii) above, which shall be governed by Section 6 of this Agreement) require OWNER to pay th j current year's taxes in full or COUNTY may terminate this Agreement and recapture from OWNER a sum of money equal to all of the tax revenues COUNTY has lost due to the partial abftement of taxes on real property improvements, personal property and equipment from the inception of this Agreement. The remedies listed in this paragraph shall be in addition to any other remedies that COUNTY may have, both legal and equitable. 14. OVER agrees to submit to COUNTY, and to each taxing unit in whose jurisdiction the Premises a situated, no later than December 31, 2004 and on December 31" of each year thereafter Ill,during the term hereof, a Statement of Compliance in the form attached hereto as VOLS. PAGE 14 Exhibit " " indicating that OWNER has or has not completed the improvements on the PREMIS S in accordance with the Plans or revised plans and further indicating that OWNER has or hasllnot complied with each applicable provision of this Agreement. 15. Tb is Agreement shall be for a term of ten (10) tax/calendar years, unless sooner terminate( COUNTY hereby grants to OWNER, a partial exemption from ad valorem taxation as set ford in this Section, subject to all of the terms and conditions contained in this Agreement. The parti exemption from ad valorem taxation of real property improvements, personal property `d equipment during each tax year covered by this Agreement shall be computed by taking a centage of the increase in value of the Property and the Premises on January 1St of each tax ar over the value on January 1St of 2004, which is the year this Agreement was executed y OWNER and COUNTY. The partial exemption percentages are as follows: T Year Percentage of Increased Value over January 1. 2004 Value to be Abated Y 1 (2004) 0% Y 2 70% Ye ir 3 70% Y 4 60% Y 5 50% Y 6 40% Y( ir 30% Y 8 20% Y 9 10% Y4 IV 10 0% Fo 'purposes of this Section, the value of the Property was $6,210.00 on January 1, 2004. For purpo s of this Section, the personal property and equipment to be abated had a value of $0.00 on 0uary 1, 2004 because it was not situated on the Premises on that date. VOL 5S PAGE 144 5 16. Icellaneous. a. I Severability. If any provision of this Agreement is held to be illegal, invalid or under present or future laws effective while this Agreement is in effect, such isionll shall be automatically deleted from this Agreement and the legality, validity and of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of su h deleted provision, there shall be added as part of this Agreement a provision that is legal, val' and enforceable and that is as similar as possible in terms and substance as possible to the del tied provision. b. II Texas law to qpW . This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are by the parties in Brazos County, Texas. Venue for any litigation arising under this shall be in a court of appropriate jurisdiction in Brazos County, Texas. c. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior or written or oral agreements between the parties. d. 1' Amendments. No amendment, modification or alteration of the terms hereof shall be bin&4 unless the same shall be in writing and dated subsequent to the date hereof and duly executed ty the parties hereto. Any proposed amendment, modification or alteration shall be provided to the City of Bryan and to the Bryan Independent School District for review and comment for to adoption by the Commissioners Court. e. 11 Rights and Remedies Cumulative. The rights and remedies provided by this are cumulative and the use of any one right or remedy by either party shall not preclude qr waive its right to use any and all other legal remedies. Said rights and remedies are VOL 53 7 PAGE 1444 provided f. addition to any other rights the parties may have by law, statute, ordinance or No Waiver. COUNTY's failure to take action to enforce this Agreement in the event of 7ER's default or breach of any covenant, condition, or stipulation herein on one occas ion not be treated as a waiver and shall not prevent COUNTY from taking action to enforce tl#s Agreement on subsequent occasions. g. Assignm ent. OWNER shall not assign this Agreement without the written approval the Commissioner Court. A change in ownership of a majority of the stock of OWNER s an assignment for the purposes of this paragraph. If OWNER assigns this Agreement without fritten approval of the Commissioners Court, this Agreement shall terminate and the partial abatement of taxes on personal property and equipment provided for herein sh 1 cease from the date such unauthorized assignment occurred. h. Notices. COUNTY and OWNER hereby designate the following individuals to receive notices required to be submitted pursuant to the terms of this Agreement: CO Brazos C Randy Si 300 East Bryan, T .y, Texas County Judge Street 77803 City of B ;an, Manager P.O. Box X00 Bryan, Te 77805-1000 OWNER Kent Moore Cabinets, Ltd. 1460 Fountain Avenue Bryan, Texas 77802 Bryan Independent School District Merrill Green, President - Board of Trustees c/o Dr. Herman Smith, Superintendent 101 N. Texas Avenue Bryan, Texas 77803 VOL853 PAGE 1+7 Tl~e parties hereto have executed this Agreement in duplicate originals, each of equal dignity. ch party has stated the execution date below the signature of its authorized represent rate ve. If the parties sign this Agreement on different dates, the later date shall be the effective of this Agreement for all purposes. ATTESTJ BRAZOS UL~ By: Karen M ueen, County Clerk Randy/ ms County Judge , ATTES KENT MOORE CABINETS, LTD., a Texas limited partnership By: Kent Moore Resources, LLC, a Texas limited liability company, as General Partner By: 1~ YaO44'L Teresa Galliher, Vic President, Human Relations Executed on: 3 -J- 01 RE~53PAGE !4-8 EXHIBIT "A" PROPERTY DESCRIPTION METES AND BOUNDS DESCRIPTION OF A 1.09 ACRE TRACT PORTION OF LOTS 5A2-R AND 3R, BLOCK 5 BRAZOS COUNTY INDUSTRIAL PARK, PHASE III BRYAN, BRAZOS COUNTY, TEXAS mgm AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING ANIP1BEING SITUATED IN BRYAN, BRAZOS COUN'T'Y, TEXAS. SAID TRACT BEING A PORTION OF LOT 5 ~R, BLOCK 5, BRAZOS COUNTY INDUSTRIAL PARK, PHASE III, ACCORDING TO THE PLAT RIECORDEllb IN VOLUME 3985, PAGE 329 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, A PORTION OF LOT 3R, BLOCK 5, BRAZOS COUNTY INDUSTRIAL PARK, PHASE III, ACCORD TO THE PLAT RECORDED IN VOLUME 4584, PAGE 44 OF THE OFFICIAL PUBLIC RECORDS OF BRAZO ?COUNTY, TEXAS. SAID TRA BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNINAT A POINT IN SAID LOT 3R MARKING THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT, FO REFERENCE A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF STONE CITY DRIVE ]KING MAI A NORTHEAST CORNER OF SAID LOT 3R AND THE FAST CORNER OF LOT 4R, BLOCK 5 (PLAT 4514/44) BEARS: N 14E 39'50" E FOR A DISTANCE OF 197.17 FEET AND A 5/8 INCH IRON ROD FOUND ON nffi SOUTHWEST LINE OF STONE CITY DRIVE MARKING THE COMMON CORNER OF SAID LOT 3R AM; LOT 5A2-R BEARS: N 62E 42'19" E FOR A DISTANCE OF 193.50 FEET; THENCE: 5013 06'14" E THROUGH SAID LOT 3R AND LOT 5A2-R FORA DISTANCE OF 189.29 FEET TO A POINT G THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: 39B 53'24- W CONTINUING THROUGH SAID LOT 5A2-R FOR A DISTANCE OF 263.50 FEET TOAPOINI ~ MARKING THE SOUTH CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: 50E 06136"W CONTINUING THROUGH SAID LOT 5A2-R AND LOT 3R FOR A DISTANCE OF 151.29 FEET O A POINT MARKING THE MOST WESTERLY CORNER'OF TBE HEREIN•DESCRIBED TRACT; FOR CE A 5/8 INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID LOT 5A2-R AND LOT 3 BEARS: S 35E 16 37" W FOR A DISTANCE OF 421.23 FEET AND A 5/8 INCH IRON ROD FOUND G THE MOST WESTERLY CORNER OF SAID LOT 3R BEARS: S 78E 13'25" W FOR A DISTANCE 517.00 FEET; THENCE: 39E 53'24" E CONTINUING THROUGH SAID LOT 3R FOR A DISTANCE OF 63.50 FEET TO A POINT G AN INTERIOR WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: 50E 06'36" W CONTINUING THROUGH SAID LOT 3R FOR A DISTANCE OF 38.00 FEET TO A POINT G AN EXTERIOR WEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: 39E 53'24" E CONTINUING THROUGH SAID LOT 3R FOR A DISTANCE OF 200.02 FEET TO THE POINT )F BEGINNING CONTAINING 1.09 ACRES OF LAND. SEE PLAT PREPARED JANUARY, 2004, FOR MORE ESCRUMVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS STABLISHED FROM GPS OBSERVATION. VOL 53 PAGE i ~f 9 10 EXHIBIT "B" SITE PLAN N o: ~ \ ao= ~ ~I w NmS A Ln 0 \ \ Fin= co --I \ \ U 0 4~ \ v -p~ to ED O o° co 0-1 w C Oo Zl U2 \ v Z ~ to m 'In f Z \ s3sp. 1 ~ O F O~ N O \ O' 9• CD -U C3 O- z 00 bil 2 Z--4 uoi \ 'Cl ZO umx O n \ y M \ m.. O m \ n ° m ro om-wam O TIIXOOOC O 0)O \ -Z 0 m (0 l Z6 ? Oy0Dm6 V C~ OT ~o o m mivc~ ~ ND ~ yi ; xg-4~0 i ,O0 yL mA O S C -iw \ z 3 \ rq 19. w Ft N ?A• N 00. y M -i 110. \ O 8 m B 0 CD z ;D ~z e \ o \ ? Ili \ L4 m r m o~00~ ~ ~ y \ 7nC V' m N 0 O O OU-'tl :U D 77 ~Q ZZO-00 00 'i c8tD~~~~ODp D~ m ,y.. mOmm c ; Ln C U, -4 OD ;v pC~ ~'J''.o~x A(1)OD *1CT~D~ ;n Ua m p~ r D n U oc v ZCj~ ~ O-1ANf~*1C O> i .~y Y LA -1 < axZ a Dm m ' rj?C a,mN 0--I~ ry O N co C-) -D S D Un m 01 11L 5311 PAGE 150 EXHIBIT "C" SCHEDULE OF EQUIPMENT AND PERSONAL PROPERTY 4ai ne ts L>rd. FURNITURE, FIXTURES AND EQUIPMENT TO BE HOUSED IN THE NEW KENT MOORE CABINETS, LTD. BUILDING 450 STONE CITY DRIVE BRYAN, TX 77803 • GIARDINA FINISHING SYSTEM: Three lines. Quotation # LG 5141.2003V6. @ $2,022,884.40. Three curves Confirmation # 40.025 @ $160,000.00 • DUST COLLECTION EQUIPMENT: DISA brand. Sales order # 314761 Project # 311878 @ $183,000.00 • AIR COMPRESSORS: Ingersoll Model # lRN 200-cc $67,365.00 Model #EP200 @ $43,157 2 ea. Models IRNLM-1000 Modules @ $6280.00 • AIR DRYER: TZ1050 Dryer@ $14716.00 • AIR TANKS: 2000 GALLON, 125 PSI @ $5300.00 AND 660 GAL, 137 PSI @ $2245.00 • CENTRIFUGE CLEANER: Midwest Engineered products Quotation # 301101@ $69,412.00 • SPRAY EQUIPMENT: GRACO brand. Sealer/topcoat line @ $53,903.00 Stain Line @ $54,374.00 Color change @ $18,271.00 • MOULDING SANDER: Model QL-300-3 @ $33,905.00 • QUICKWOOD SANDER: Model # Pro 1400V @ $92,000.00 • RETURN CONVEYORS: Engineered Storage Solutions @ $73,854.00 estimate- VALUE: $2,900,666 VOL"K3 PAGE 1u/ EXHIBIT "D" STATEMENT OF COMPLIANCE WITH AGREEMENT FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT WITH KENT OORE CABINETS IN CITY OF BRYAN REINVESTMENT ZONE SIXTEEN THE ST*TE OF TEXAS § OF BRAZOS § MOORE CABINETS, LTD. ("Owner") hereby certifies any improvements on the Prop4rty, as called for in the above referenced Agreement, have been completed and in every material respect pursuant to said Agreement. Owner further certifies that they have complied with every applicable material term of said Agreement. Si pled this day of , 2004. BY: ITS: y above-described improvements have been accepted by the City of Bryan, Texas as having b en constructed in compliance with the above referenced Agreement, and that pursuant to said Agreement the partial exemption from taxation shall commence on January 1, 2004 through the year 2012, which will be the last year that the property will be entitled to from taxation in accordance with this Agreement, and that the taxable value of the Premises Tor such period of time shall be the taxable value as finally determined, following any contests and appeals, by the Brazos County Appraisal District on January 1" of each year of the term of the Agreement. A' this _&10~_day of M(jrc , 2004. BRAZO O , /CG By: County Clerk Randy Si , County Judge VOL 53 PAGE )4.2 ~z `s a W R 6 8 - ~ Q gg a ~ s m If g m ~ n y y t7 ~i 7 7 •i °o j o A o N O rj C, u r- 47 m CL ti U M. L 6. ma n U • L z 7.7 t m ° N b `7 M) _ssXX" :.:p y b U M _ _ 4 b w~ « o U ~ ~i ~X+ V C r°l m a Ib g p z° a N y`- i°: e iL a 9 0 •O ~ U - ~ ~ ~ ~ as Q ~M 9c - r .g C't U101, Al ZLC❑G L LC Z o U VOL S3 PAGE 153 sa ~e R~ $1 u~ m~ >4 d d d 0 E.,, U Q o A A A A A H, U ` V V V V V U ) aRr ~ ri Z vi S ao ~ 40 o ~ R ~ R w''!! N U) ~D U) N fn N V) t-I (n O a,~ ~ A A A A A C11 A fA a'~ Y z z z Z z O. Pa O 00 to O O O C) O C~!] 06 C4 C M O N C) O O p 00 ti z a d H 1 Ey C'~ Cn 14 G- ` C'4 g C) O O O w p oo N o ry Y N O O 00 `fl 00 U., M ` O m r-q 00 00 0 U fn V 0 ox x ox o z ~cn acn ~H P4 a A wQ d Az Oz ~z AX z a' A aEW-+ aF~ ZQ ll ~H mEw-' H z d u n Ot p b O a V) 0 ° U Z( xw uu U w 0u O u 0~ d V O W. u 0 o Ow as ww ~a x w xa z o O w 0 p 0 VOL 53 PAGE 15+ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RENT Road and Bridge NUMBER 560010 DATE O COURT MEETING: March 2, 2004 ITEM: R guest from Wickson Creek Special Utilitv District to construct a water linen installat with SH 30. Site is locate( SOURCH OF FUNDS: N/A R UIREMENTS: 1) b work will be permitted between front slope and/or back slope. 2) M installation(s) shall be constructed in designated utility easements, if applicable. If no utility eas ' ent exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line an or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's res onsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) tch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be con ' cted by an independent geotechnical testing firm; copies of all test results shall be furnished to the ice of the Brazos County Engineer. 5) nstruction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control De es for Streets and Highways, published by the Texas Department of Transportation, and all other Sta and Federal laws governing utility construction. /EXCEPTIONS: D OR ALTERNATI SUBMITTED BY: Richard County E 0004-02 This Re Date: Vance, P.E. iineer ad aooroximately 0. APPROVED BY: Commissioner K~l ny Malla Precinct 3 s Approved / Denied[] by Commissioners' Court y gin*, County Judge VOL S3 PAGE 1--56 REQUE T FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TOT E COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notic Is hereby given that (applicant) Wickson Creek s u D proposes to IVice a (type)WATERLINE within across X the right-of-way of (road) PA ' D. in Brazos County, Texas as follows: The locati n 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 c nstruction in order that he, or his designated inspector, may inspect the actual installation. 2. All amage to the roadways and rights-of-way will be repaired to their orig rlal condition to the satisfaction of the County Engineer. 3. Bra os County reserves the right to require Applicant to relocate or low r any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the oadway or right-of-way. 4. Bra os County will in no way be responsible for any damage which mig it occur to any existing utility lines in the right-of-way. 5. The lime will be constructed and maintained on the County right-of-way in acc rdance with the Utility Accommodation Policy which was adopted by the Tex is Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") low r than the lowest part of the drainage or bar ditch and the drainage is to bec nsidered at least two feet (2') below the center of the roadway. 7. All s tes will be barricaded during the construction period. Construction of this line will begin on or after the4th day of March , 2004 Firm:W-i-ckksson Creek S.U.D. By: - ` t Q~- Title: General Manager Address: P.n. Box 4756 Bryan, TX 77805 Phone: _(979) 589-3030 APPROVE BY COMMISSIONERS' COURT. O Date Randy S104, County Judge O2-Zy -oaf Re: Manning 511 1 -44 °c 6 Y N C w _ o e I D c c c c H Z -i L1 ZZ 2 Z ~ LZ'7 ~ ~1 l'1 O U Z .y n D rn 70 -4 P1 M O D d O A O W 4~bTT,`7' A p A T ~a F d. kid v~ ~cb~ ~ yf~ct` T~ ~o )0 Director Robert E. Ott Februa 20, 2004 RE: TA Randy Brazos 300 Ea Bryan, Dear R TEXAS A&M UNIVERSITY Department of Security and University Police 1231 TAMU College Station, Texas 77843-1231 (979) 845-2345 FAX (979) 847-2345 U PD 2003 Racial Profiling Statistics ms ounty Judge 26th Street Suite 114 77803 Sims, Please rid enclosed the Texas A&M University Police Department's 2003 Racial Profiling Statistic 'Report. The Texas Code of Criminal Procedure states in 2.132(b)(7), "(7) require the agency to submit to the governing body of each county or municipality served by the agency n annual report of the information collected under Subdivision (6) if the agency is an agen of a county, municipality, or other political subdivision of the state." The General Counsel of the Texas A&M University System has stated in their opinion this probably means t e County Judge. Therefore we have sent this copy of the report to you in order to satisfy t requirements of the law. If you hake any questions, please contact us. Best reg§rds, 444/f't/ Lt. Robe Meyer Training oordinator Texas A 'M University Police Enclosu (1) cc: Dire or Robert E. Wiatt VOL53 _PAGE 159 o nn22 TEWAS A&M UNIVERSITY POLICE DEPARTMENT 2003 RACIAL PROFILING REPORT Prepared by Lt. Robert Meyer As required by Texas Code of Criminal Procedure 2.132(b)(7) VOL 53 PAGE ) (PO A&M University Police Department ' Profiling Report for 2003 This report is prepared as a requirement of the Texas Code of Criminal Pro dure (CCP) section 2.132(b)(7). The Texas A&M University Police Dep ment (TAMU PD) uses video and/or audio equipment on all its traffic stop Therefore, TAMU PD is reporting as a department that is exempt from req cements set out in the Texas Code of Criminal Procedure (CCP) 2.133 and 2.1 This exemption is set out in CCP 2.135. This Ireport is divided into three different sections. The first section is total traffic and edestrian stops for the year 2003. It is broken down by race and ethnicity. Rac required by the CCP for reporting are: Caucasian, African, Asian, and Nati, re American. Ethnicities required by the CCP are Hispanic and Non- His "nic. The second section contains arrests that resulted from traffic stops brok 'n down by race and ethnicity. Finally, the third section contains traffic stops that esulted in searches. This is also broken down by race and ethnicity. Statistics for 2003 contain unknowns for race and ethnicity. The CCP states that if the a subject does not provide race or ethnicity, the officer should make his best dete ' ination. An examination of our procedures for gathering data revealed sev I sources that may be attributable to all the unknowns. Steps have been take to ensure better reporting for 2004 such as training, revision of reporting poll es, and frequent audits of the data throughout the year. Sec on 1 statistics are on pages 4 and 5. Page 4 shows the raw numbers at the top the page for the race breakdown of all traffic and pedestrian stops with a grap 'ical representation of the statistics on the lower half of the page. Page 5 sho S the ethnic breakdown for all traffic and pedestrian stops with raw numbers and braohs. The . CP does not require that agencies compare their statistics to anything, only that a provide raw numbers and percentages. A member of the legislature had sug sted that we compare them to U.S. census figures. These percentages won' mean much unless you compare them to the general population where the age fy is geographically located. With these things in mind, statistics from the univ rsity student population and the U.S. Census are discussed. The rcentages generally run parallel to percentages as reported in the TAMU Syst Executive Management Report For the Three Months Ending: November 30, 003 (see attached). You may also find the report on the following web pa9 httr):L4amusystem.tamu.edu/documents/03 4 TAMU.r)df Raci Profiling Report 2003.doc Page 2 of 9 VOL 53 PAGE 11v/ A&M University Police Department 1' Profiling Report for 2003 Alth 'ugh some percentages may be over the percentage of student population, they dll under the percentage of population for Brazos County as contained in the 00 U.S. Census. (See attached) See also web page at link below: -64 On ge 6 you will find raw numbers, percentages and a pie chart of race brea own of all traffic stops on vehicles or pedestrians that resulted in an arrest. On ge 7 you will find the ethnic breakdown of arrests resulting from traffic stop Again, percentages generally are about what the county percentages are in th IU.S. census data. On p ge 8 you will find raw numbers, percentages, and a chart showing the race brea down on all searches that were conducted on traffic stops. On page 9 you will fi 'd the ethnic breakdown of traffic stops that resulted in searches. It should be n ted that searches incident to arrest are not counted in these figures. The profil ethni Cou iiversity Police Department does not condone racial profiling. These show that the University Police Department is not engaging in racial g. Even if all the unknowns are included in most any of the other race or ty numbers, we are still within the percentage of population of Brazos r according to the 2000 US Census figures. Profiling Report 2003.doc VOL 53 PACE 14p-?- Page 3 of 9 Tex A&M University Police Department Racf l Profiling Report for 2003 RA COUNT Asia 248 AM n 194 Nati American 1 Cau ' sian 3484 Unk own 283 Race Breakdown of Traffic Stops Asian Unkrim 7% C Native American 0% ■ Asian ■ African 0 Native American 0 Caucasion ■ Unknown 82% Profiling Report 2003.doc Page 4 of 9 VOL 63 PAGE 1~2 A&M University Police Department Profiling Report for 2003 CITY COUNT i c 246 spanic 3523 ivn 441 Ethnic Breakdown of Traffic Stops Unknown 10% Non-Hispanic 84% !!Profiling Report 2003.doc VOL 53 PAGE /(?4 O Hispanic ■ Non-Hispanic ❑ Unknown Page 5 of 9 Hispanic A&.M University Police Department Profiling Report for 2003 RA COUNT Asia 8 AM n 29 Cau sion 450 Nati American 0 Arrests Resulting from Traffic Stops by Race Asian American 0% Profiling Report 2003.doc VOL rj3 PAGE 1 ~5 African 6% ■ Asian ■ African O Caucasion O Native American Page 6 of 9 Caucasion 92% Tex A&M University Police Department Raci l Profiling Report for 2003 ETH NICITY COUNT His ic 43 Non Nspanic 438 Unk n 6 Arrests From Traffic Stops by Ethnicity Unknown 1% Profiling Report 2003. doe Hispanic 9% VOL 53 PAGE ~ ■ Hispanic ■ Non-Hispanic * Unkown Page 7 of 9 Non-Hispanic 90% A&M University Police Department f Profiling Report for 2003 Rac Consent to Search Count Unk own Consented 1 Cau sion Not Consented 1 Cau sion Consented 9 Afri n Consented 0 Afri n Not Consented 0 Nati a American Consented 0 Nati ie American Not Consented 0 Asia Consented 0 Asia Not Consented 0 Consent to search by Race 9 10 :11 8 1 a 6 4 , - 2 CL (0 x° 0 I- W c Z c c c z c c z c z c U U U U U U U U U Unknown aucasio aucasio African African Native Native Asian Asian American American Total Percentage of Searches by Race Consentec Unknown 9% Consented Caucasion 82% Profiling Report 2003.doc Not Consented Caucasion 9% ■ Unknown Consented ■ Caucasion Not Consented O Caucasion Consented Page 8 of 9 VOL 53 P'AGE_1(c`71_ A&M University Police Department ! Profiling Report for 2003 Cons t to search? Ethia'ty COUNT No C ent Non-Hispanic 1 Cons bed Non-Hispanic 8 Cons ted Unknown 2 No C ent Hispanic 0 Con ted Hispanic 0 Consent to Search by Ethnicity 9 ' 8 6 g a V,.. 3 2 E Non-Hispanic Non-Hispanic Unknown Hispanic Hispanic No Consent Consented Consented No Consent Consented Percentage of Total Consents to Search by Ethnicity ❑ Ynknown ■ Non-Hispanic Yes No 18% 9% ■ No Consent Non- Hispanic ■ Consented Non-Hispanic ❑ Consented Unknown m Non-Hispanic Yes 73% Raci Profiling Report 2003.doc VOL 53 PAGE APO' Page 9 of 9 Table DPA. Pr file of General Demographic Characteristics: 2000 Geographic Areal: Brazos County, Texas [For information o confidentiality protection, nonsampling error, and definitions, see text] Subject Number Percent Subject Number Percent Total populati 152,415 100.0 HISPANIC OR LATINO AND RACE Total population 152,415 100.0 SEX AND AGE Hispanic or Latino (of any race) 27,253 17.9 Male............ 76,983 50.5 Mexican................................... 20,955 13.7 Female.......... I 75,432 49.5 Puerto Rican............................... 291 0.2 Under5 years 9,488 6.2 Cuban 155 0.1 5 to 9 years ' 8,922 5.9 Other Hispanic or Latino 5,852 3.8 to 14 years 10 8,645 5.7 Not Hispanic or Latino 125,162 82.1 15 to 19 years . . . 19,634 12.9 White alone................................ 100,647 66.0 20 to 24 years I 34,863 22.9 RELATIONSHIP 25 to 34 years . . . " 22,170 14.5 Total population 152,415 100.0 35 years 44 to . . . III•••..••.•...• 17,391 11.4 In households................................ 139,070 91.2 45 to 54 years... ' 13,165 8.6 Householder............................... 55,202 36.2 55 to 59 years I 4,544 3.0 Spouse 22,821 15.0 60 to 64 years 3,370 2.2 Child...................... 35,550 23.3 65 to 74 years ' 5,327 3.5 Own child under 18 years 29,193 19.2 75 to 84 years 3,472 2.3 Other relatives 7,158 4.7 85 years and over 1,424 0.9 Under 18 years......................... 2,491 1.6 Median age (years 23.6 (X) Nonrelatives............................... 18,339 12.0 Unmarried partner 2,003 1.3 18 Years and over 119,680 78.5 In group quarters............................. 13,345 8.8 Male 59,942 39.3 Institutionalized population................... 2,458 1.6 Female 59,738 39.2 Noninstitutionalized population 10,887 7.1 21 years and over ' 95,777 62.8 62 years and over ' 12,206 8.0 HOUSEHOLD BY TYPE 65 years and over 10,223 6.7 Total households......................... 55,202 100.0 Male 4,099 2.7 Family households (families)................... 30,390 55.1 Female........ 6,124 4.0 With own children under 18 years 15,376 27.9 Married-couple family 22,821 41.3 RACE With own children under 18 years.......... 11,281 20.4 One race........ 149,409 98.0 Female householder, no husband present..... 5,528 10.0 White 113,479 74.5 With own children under 18 years 3,354 6.1 Black or African merican 16,333 10.7 Nonfamily households 24,812 44.9 American Indian and Alaska Native........... 548 0.4 Householder living alone 14,069 25.5 Asian I 6,110 4.0 Householder 65 years and over............ 2,749 5.0 Asian Indian. i 1,579 1.0 Chinese..... I 1,874 1.2 Households with individuals under 18 years 16,732 30.3 Filipino...... 208 0.1 Households with individuals 65 years and over 7,231 13.1 Japanese 165 0.1 Average household size....................... 2.52 (X) Korean 1,186 0.8 Average family size........................... 3.16 (X) Vietnamese.. 411 0.3 Other ' sian • • • • • 687 0.5 HOUSING OCCUPANCY Native Hawaiian d Other Pacific Islander.... 104 0.1 Total housing units 59,023 100.0 Native Guamanian or hamorro 34 34 - Occupied housing units....................... 55,202 93.5 18 Vacant housing units............ 3,821 6.5 Other Pacific I 2 larder 18 For seasonal, recreational, or occasional use............................ 393 0.7 Some other race 12,835 8.4 Two or more races 3,006 2.0 Homeowner vacancy rate (percent)............. 1.6 (X) Rental vacancy rate (percent) 6.2 (X) Race alone or In mbination with one or more other ra !s. s HOUSING TENURE White l 116,074 76.2 Occupied housing units.................. 55,202 100.0 Black or African rican e 16,816 11.0 Owner-occupied housing units 25,160 45.6 American Indian a (Alaska Native 1,169 0.8 Renter-occupied housing units................. 30,042 54.4 Asian 6,739 4.4 Native Hawaiian a Other Pacific Islander...... 211 0.1 Average household size of owner-occupied units. 2.80 (X) Some other race . I 14,542 9.5 Average household size of renter-occupied units. 2.28 (X) Represents ze or rounds to zero. (X) Not applicable. ' Other Asian all "e, or two or more Asian categories. 2 Other Pacific I ender alone, or two or more Native Hawaiian and Other Pacific Islander categories. s In combination `ith one or more of the other races listed. The six numbers may add to more than the total population and the six percentages may add to more th p 100 percent because individuals may report more than one race. Source: U.S. C 22 $us Bureau, Census 2000. VOL 53 PAGE 10, U.S. Census Bureau N (o O W m m M O c a Millioru I aVaQ iK C Z O c 0 m A (3) w o 8 S 8 8 O j. 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