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BRAZOS COUNTY
BRYAN, TEXAS
BRAZOS
NOTICE OF MEETING
AND AGENDA
COUNTY COMMISSIONERS COURT
~IMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
ON 3 AUGUST 2004 AT AT 9:00 A.M. IN THE COMMISSIONERS
OOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26m STREET,
5, BRYAN, TEXAS.
ocation and Pledge of Allegiance - Commissioner Caldwell
for citizen's input and/or concerns.
nd take action on agenda items 3 - 24
]get Amendment 03/04-40.1 thru 03/04-40.6.
'sonnel Change of Status.
rment of Claims.
ter approving and authorizing publication of Notice of Intention to issue Certificates
3bligation and other matters related thereto.
reement with Official Payments Corporation for electronic check payment and
cessing transaction services through an internet interface and an interactive telephone
ce response system for the collection of taxes, fines, fees and other types of monetary
igations from individuals and/or entities to the Brazos County Tax Office.
ection of Candidates for the 2004 Salary Grievance Committee, including alternates.
atract with TXU Gas for extension of gas mains approximately 8760 feet along FM
~9 and Jones Road in Bryan, Texas to provide natural gas to the Expo Center property.
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Commissioners Court Agenda
3 August 2004
Page 2
ttract with TXU for extension of gas mains approximately 1200 feet within the Brazos
mty Expo Center property in Bryan, Texas.
xtract with Texas A&M Department of Psychology for pre-employment screenings of
enforcement applicants, as required by the Texas Commission on Law Enforcement
icers Standards and Education.
luest by Information Technology Department for permission to purchase a
.acement Core Router. The current router is an older model that has been
:ontinued and for which replacement parts are no longer available.
Refund Applications for the following:
a. Williams H. Adams d. Joe A. Obella
b. Jan Jones e. Peggy V. White
c. J. Fred & Amy McMann
sentation and approval of the Commissioners Court minutes for the following dates:
a. 2 March 2004 Regular Meeting d. 23 March 2004 Regular Meeting
b. 9 March 2004 Regular Meeting e. 23 March 2004 Public Hearing
c. 16 March 2004 Regular Meeting f. 30 March 2004 Regular Meeting
uest by Purchasing for approval to exercise the renewal option in the current contract
G&L Services for Grease Trap Pumping for an additional year beginning 1 October
14 through 30 September 2005, with no increase in prices.
tuest by Purchasing for approval to exercise the renewal option in the current contract
h Howell Services for Janitorial Services for an additional year beginning 1 October
~4 through 30 September 2005, with no increase in prices.
tuest by Purchasing for approval to exercise the renewal option in the mail processing
ttract with DeLucia Mail Service for a third one-year period beginning 1 October 2004
)ugh 30 September 2005, with no increase in prices.
ablishment of speed limits for Scott Lane and Meadowlark Subdivision. Sites are
ated in Precinct 2
ablish date and time for a Public Hearing on the setting of speed limits on Deer Park
ve, located in Precinct 1.
:eptance of a Special Warranty Deed from Circle X land & Cattle Co. for
>rovements to a portion of Rabbit Lane located in Precinct 2.
uest for (1) Wellborn Special Utility District to provide water service to Brazos
unty property located at 15227 Royder Road, College Station, Texas and (2) the
~cution of the Service Application and Agreement. Estimated cost of service
tallation and associated fees is $2,179.00. Site is located in Precinct 1.
PAGE
Commissioners Court Agenda
3 August 2004
Page 3
22.
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of a Warranty Deed from Charles L. Robertson, Sr. and wife, Sharon A.
improvements to a portion of Kathy Fleming Road located in Precinct 1.
~lat of Lot 35, Block 1 of River Place Subdivision Phase One, Vol. 3961, Pg. 202, and
14A, Block 1 of River Place Subdivision Phase Two, Vol 4178, Pg. 311, and River
Lake of River Place Subdivision Phase Two, Vol 4178, Pg. 311, 36.05 acres, James
survey, A-22, Brazos County, Texas. Site is located in Precinct 1.
uest from OSR Water Supply Corp. to construct a road bore in the right-of-way of
Spanish Trail for water line installation. Site is located in Precinct 4.
gement of the Monthly Reports submitted in July 2004. These reports are
for review in the County Judge's Office.
of interest items and possible future agenda topics.
for citizen input and/or concerns.
~ / Board / Committee reports by Court members.
ourn.
The Brazos ounty courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive ~ must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
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COMMISSIONERS' COURT
REGULAR MEETING
AUGUST 3, 2004
A regular meeting of the Commissioners' Court of Brazos
lnty, Texas was held in the Brazos County Commissioners
lrtroom in the Courthouse in Bryan, Brazos County, Texas,
· inning at 9:00 a.m. on Tuesday, August 3, 2004 with the
lowing members of the Court present:
Randy Sims, County Judge, Presiding;
Eric Caldwell, 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 sheets contain the names of the citizens and
icials that were in attendance.
Commissioner Caldwell gave the invocation and led the
dge of allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #03/04-40.1
~ough 40.6, which would reallocate funds for Constable,
~cinct 1, C.O. Issue 2003, Capital Projects-Commissioners
irt, D.A. Crime Fund, Sheriff-Administration, and Jail
~inistration. On motion by Commissioner Mallard, seconded by
~issioner Cauley, the Court voted unanimously to approve
budget amendment as submitted, a copy of which is
)h PAGE
Cou~meetingAugust3,2004 2
at :ached.
The Court proceeded to consider the change of status of
~loyees as submitted on the attached Personnel Action
R~ ~uests. On motion by Commissioner Peters, seconded by
C¢ Mallard, the Court voted unanimously to approve
t? changes as submitted.
The Court next considered the following Claims as
st mitted by the County Treasurer for payment:
T~ ~vel Advances 20065395 through 20065409
and
20065410 through 20065654
Or motion by Commissioner Caldwell, seconded by Commissioner
C~ lley, the Court voted unanimously to approve the Claims as
st ~mitted.
The Court next considered adopting an Order approving and
at ;horizing publication of Notice of Intention to Issue
Cz :tificates of Obligation and Other Matters Related Thereto.
T? s is for the purpose of providing for the payment of
c¢ .tractual obligations to be incurred in connection with the
dc ~gn, planning, acquisition, construction, equipping,
e> ,ansion, and/or renovation of certain public property,
s ~cifically being the purchase of 10 acres on State Highway 21
f a Sheriff Administration building, 2.5 acres on the Corner
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tmissionersCouU meetingAugust3,2004 3
Anderson Street and George Bush Drive for Justice of the
ice, Precinct 3 offices, right-of-way on State Highway 21
;t to the county line, and realty, including any improvements
~reon, located in close proximity to the county courthouse to
used or (if necessary) provide the locale for a county
lding; construction and equipment of a building for Justice
the Peace, Precinct 3, purchase and acquisition of heavy
ipment for construction and maintenance of county roads;
· uisition and installation of chillers for the county
rthouse; acquisition of technical equipment for courtrooms;
>rovements for Americans with Disability Act compliance for
;rances to all county buildings; and construction of the
.lowing road improvements; North Dowling Road, Dilly Shaw Tap
id, Westway, Lakeway Drive, Rabbit Lane, Koppe Bridge Road,
tssbur Road, Enloe Drive, Barnes Road, Wooddale Circle,
;hany and Opersteny Lane; and the payment of contractual
.igations for professional services in connection with such
>ject (including, but not limited to, financial advisory,
al, architectural and engineering). On motion by the County
.ge, seconded by Commissioner Peters, the Court voted
tnimously to approve the Order authorizing the publication of
ice of Intention to Issue Certificates of Obligation in the
.unt of $5,000,000.00.
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CouU meetingAugust3,2004 4
The next matter before the Court was approval of an
Ac 7eement with Official Payments Corporation for electronic
c] ~ck payment and processing transaction services through an
ir :ernet interface and an interactive telephone voice response
s' ~tem for the collection of taxes, fines, fees and other types
o monetary obligations from individuals and/or entities to the
B~ ~zos County Tax Office. Kristy Rowe of the Tax office
e> )lained that this is a company people can access from a
w( }site. This will be a great convenience to taxpayers because
tP amounts are drafted directly from the bank account. On
ion by Commissioner Peters, seconded by Commissioner
M~ lard, the Court voted unanimously to approve the Agreement
wi h Official Payments Corporation for electronic check payment
processing transaction services. A copy is attached.
The Court proceeded to the selection of the Salary
G~ evance Committee for 2004 in accordance with the law. The
f¢ lowing names were drawn from the list of persons who served
or the Grand Jury during the previous twelve months:
2
3
4
5
6
7
8
9
Wanda Opersteny
Richard L. Bishop
Dennis Merritt
Michael Patranella
John T. Hensley
Frank Seale
Sandra J. Trevino
Brenda Frailicks
Marcus Ramirez
PAGE
CouameetingAugust3,2004 5
A] :ernates
1 Nicholas Cram
2 Wendi Kaspar
3 Perry Stephney
4 Laura Mcllhaney
5 Janet L. Wickline
6 Robert Dotson
Or motion by Commissioner Caldwell, seconded by Commissioner
C~ lley, the Court voted unanimously to approve the selections
f¢ the Salary Grievance Committee.
The next matter before the Court was the approval of a
c¢ tract with TXU Gas for extension of gas mains approximately
8 60 feet along FM 1179 and Jones Road in Bryan, Texas to
pl ,vide natural gas to the Expo Center property. Cost for
t~ s project is $100,192.93. On motion by Commissioner
C~ .ley, seconded by Commissioner Peters, the Court voted
ur ~nimously to approve the contract. A copy is attached.
The Court next considered a second contract with TXU Gas
f¢ extension of gas mains approximately 1,200 feet within the
B~ zos County Expo Center property in Bryan, Texas. Cost for
t~ _s project is $5,867.68. On motion by Commissioner Cauley,
sc :onded by Commissioner Peters, the Court voted unanimously
t¢ approve the contract. A copy is attached.
The Court next considered the renewal of a contract with
T~ {as A&M Department of Psychology for pre-employment
sc :eenings of law enforcement applicants, as required by the
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Coun meetingAugust3,2004 6
T~ (as Commission on Law Enforcement Officers Standards and
Er ~cation. The fee for the service is $210.00 per evaluation
ar is unchanged from the previous contract. On motion by
C¢ oner Peters, seconded by Commissioner Cauley, the
C¢ irt voted unanimously to renew the contact for pre-
)loyment screenings of law enforcement applicants. A copy
is attached.
The next matter before the Court was a request by the
Ir [ormation Technology Department for permission to purchase a
r~ )lacement Core Router. The current router is an older model
it has been discontinued and for which replacement parts are
nc longer available. Replacement cost is $7,189.00. On
mc ion by Commissioner Cauley, seconded by the County Judge,
t? Court voted unanimously to approve the purchase.
The next matter for consideration was approval of tax
r~ und applications from the following individuals and/or
C( S:
a. Williams H. Adams, Over Payment $63.11
b. Jan Jones, Over Payment $6.00
c. J. Fred & ~Lmy McMann, Over Payment $70.91
d. Joe A. Obella, Over Payment $15.74
e. Peggy V. White, Over Payment $1,586.20
Or motion by Commissioner Peters, seconded by Commissioner
C~ _dwell, the Court voted unanimously to approve the tax refund
a ~lications.
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Cou~ meeting August 3, 2004 7
The Court next considered approval of the minutes of the
C¢ ioners' Court meetings held in March 2004 on the
f¢ lowing dates:
Regular Meetings - 2nd, 9th, 16th, 23rd & 30th
Public Hearing - 23rd
Or motion by Commissioner Cauley, seconded by Commissioner
Pc ers, the Court voted unanimously to approve the minutes as
s~ )mitted.
The Court next considered exercising the renewal option
ir the current contract with G&L Services for grease trap
p~ ing. On motion by Commissioner Cauley, seconded by
C¢ Peters, the Court voted unanimously to exercise
t? renewal option in the current contract with G&L Services,
wJ h no increase in price for the period beginning October 1,
2( )4 through September 30, 2005.
The Court next considered exercising the renewal option
ir the current contract with Howell Services for janitorial
sc :vices for the Justice of the Peace, Precinct 3/Constable,
P~ ~cinct 3 offices. On motion by Commissioner Mallard,
sc ;onded by Commissioner Peters, the Court voted unanimously
t( exercise the renewal option in the current contract with
H< Services, with no increase in price for the period
b( inning October 1, 2004 through September 30, 2005.
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~issionersCou~meetingAugust3,2004 8
The Court next considered exercising the renewal option
the current contract with DeLucia Mail Service for mail
~cessing. On motion by Commissioner Peters, seconded by
~nissioner Mallard, the Court voted unanimously to exercise
renewal option in the current contract with DeLucia Mail
vice, with no increase in price for the period beginning
;ober 1, 2004 through September 30, 2005.
The next matter before the Court was the establishment of
led limits for Scott Lane and Meadowlark Subdivision in
~cinct 2. At the Public Hearing on July 20, 2004, Ray Crow
the Road and Bridge Department, informed the Court that the
led reports indicated that the average speed on Scott Lane
)m FM 2223 to Meadow Lark Circle was 51.42 miles per hour.
average speed on Meadow Lark Circle from Scott Lane to the
ve in Meadow Lark Circle was 26.40 miles per hour.
~nissioner Peters moved to set the speed limit for both at
miles per hour. Commissioner Cauley seconded the motion.
?bara Gaston of Meadowlark Circle said that 40 miles per
Jr was much too fast for this road and that testing had
,wn that 26 miles per hour was the average speed.
missioners Peters and Cauley amended their motion and
:ond to set the speed limit on Scott Lane at 40 miles per
Jr and at 30 miles per hour in Meadow Lark Subdivision. The
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~issionersCou~meetingAugust3,2004 9
irt voted unanimously to approve the original motion as
~nded.
The Court next considered establishing the date and time
a Public Hearing en the setting ef speed limits on Deer
k Drive in Precinct 1. On motion by Commissioner Caldwell,
;ended by the County Judge, the Court voted unanimously te
.d a Public Hearing at the Brazes Center, en Tuesday, August
2004 at 7:00 p.m.
The Court next considered acceptance ef a Special
rranty Deed for right-el-way on Rabbit lane in Precinct 2.
motion by Commissioner Peters, seconded by Commissioner
_lard, the Court voted unanimously to authorize the County
~ge to accept en behalf ef Brazos County a Special Warranty
~d from Circle X Land & Cattle Company, Ltd. for the
}ansien and improvements te Rabbit Lane.
The next matter before the Court was a request for (1)
_lbern Special Utility District to provide water service to
~zos County property located at 15227 Reyder Read, College
~tien, Texas in Precinct 1 and (2) the execution ef the
trice Application and Agreement. On motion by Commissioner
[dwell, seconded by Commissioner Peters, the Court voted
~nimously to request water service and te execute the
:vice application and agreement. The cost ef service is
DL .57 PAGE
sCou~meetingAugust3,2004 10
e~ imated at $2,179.00.
On motion by the County Judge, seconded by Commissioner
C~ ley, the Court voted unanimously to remove item 22 from the
ac ~nda as it was previously approved.
The Court next considered approval of the Re-Plat of Lot
3! Block 1 of River Place Subdivision Phase One, Volume 3961,
p~ 'e 202 and Lot 14A, Block 1 of River Place Subdivision Phase
Volume 4178, Page 311 and River Place lake of River Place
)division Phase Two, Volume 4178, Page 311, 36.05 Acres, in
P~ ~cinct 1. Richard Vance, County Engineer, stated that he
h~ reviewed the plat and all appeared to be in order. On
mc ion by Commissioner Caldwell, seconded by Commissioner
Ct lley, the Court voted unanimously to approve the re-plat of
Lc 35, Block 1 of River Place Subdivision Phase One, Volume
3~ 1, page 202 and Lot 14A, Block 1 of River Place Subdivision
Pt ~se Two, Volume 4178, Page 311 and River Place Lake of River
PI ~ce Subdivision Phase Two, Volume 4178, Page 311, 36.05
?es as submitted.
The Court next considered the request from OSR Water
Si )ply Corporation to construct a road bore in the right-of-
wi of Old Spanish Trail for water line installation. The
s e is located in Precinct 4. The County Engineer stated
tl ~t all appeared to be in order and recommended approval. On
mc :ion by Commissioner Cauley, seconded by Commissioner
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missionersCou~meetingAugust3,2004 11
:ers, the Court voted unanimously to approve the request
}m OSR Water Supply Corporation and authorized the
~tallation. A copy of the request is attached hereto.
The Court acknowledged receipt of the Extension Service
>orts for July 2004 and acknowledged receipt of reports from
following County and Precinct Offices showing revenues
lected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2, Place 1
Justice of the Peace Precinct 2, Place 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Brazos County Events Facilities
Road & Bridge
Tax Assessor/Collector
Sheriff
opy of the Officials' reports can be viewed in the County
titor's office.
Under announcement of interest items and possible future
~nda topics the following spoke:
Candy Gallego, Executive Assistant
a) Noted that the County Judge will present the
proposed budget on the next agenda and set
the date or the Public Hearing on the budget
and tax increase.
There was no citizen input and/or concerns.
DL ? PAGE ?
Court meeting August 3, 2004 12
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Under Agency/Board/Committee reports by Court members,
following spoke:
County Judge
a) He had a meeting with Mary Moore, Glen Brown
and Chuck Sippiel concerning water rights and
the Brazos River Authority. The court will
try to get educated on what the water needs
are.
Commissioner Peters
a) Suggested there could be a report at our
next Commissioners Court night meeting.
Robert Bryan, 2433 Meadowlark
a) He missed the citizen input but is concerned
about some culverts being too small or too high.
He says the Road and Bridge Department promised
for a year to do something about this. He wants
to know what to do. The County Judge replied he
would ask the Road and Bridge Department where
they are on this problem. Commissioner Peters
said that he too would check on this. He had
spoken with the Road and Bridge Department after
the Public Hearing but would call again.
There being no further business to come before the Court,
meeting was adjourned.
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foregoing minutes of the Commissioners Court meeting held
ust 3, 2004 have been examined and are approved in open
irt this the ~f~ day of ~(~C~ , 2004, in Bryan,
zos County, Texas.
Eric Caldwell
Commissioner, Precinct 1
~ne Peters
~nissioner, Precinct 2
Ke
Commissioner,~recinct 3~
ueen ~
Cc
lnty Clerk
¥ 3L .5%, PAGE
BRAZO~
MEETIN(:
Name
COUNTY COMMISSIONERS COURT
ON ~ ~
200~ AT C~: fCO.d'~4
Organization/Department
VOL 5 ? PAGE
BRAZO~
MEETINE.
Name
COUNTY COMMISSIONERS COURT
ON ~ ,~ 200~ AT
VOL-5' ? PAGE / 0,:2.
Organization/Department
Ol
members
The follm
T}
2003-2004
W
conditions
following
A]
THE CO1V]
Original:
Copies:
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR
NO. 03/04-40.1 thru 03/04-40.6
Ihis the 3rd day of August 2004 at a regular meeting of the Commissioners' Court, the following
~re 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
~g proceedings were held:
kT WHEREAS, on 3 August 2004 the Court heard and approved a budget amendment for the
ludget year for Brazos County, Texas.
EREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
~hich could not be reasonably included in the original budget adopted 12 September 2003 the
aendment(s) to the original are hereby authorized, as described on the attached page(s).
)PTED AND APPROVED this the 3ra day of August 2004.
~IISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
County Clerk's Office and attached to the
~riginal budget
County Auditor
County Treasurer
Commissioners' Court Minutes
VOL_ PAGE
BUDGET AMENDMENTS
No. 03/04-40.1
8/3/2004
DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
301011 715060 CR Rental- Office Space 350.00
301011 618800 DR Utilities 350.00
Constable ~recinct #1 - Archie Clark
To realloc: e funds to cover the cost of utilities for the remainder of fiscal year.
.~ 350.00
VOL PAGE
BUDGET AMENDMENTS
No. 03/04-40.2
8/3/2004
I DIV ACCT PROJ DR/CR ACCOUNT
NAME
Increase
Decrease
634810 801010 CR Building Renovations 162,355.00
634810 803800 DR Improvemenls - Courthouse 162,355.00
C.O. Issue 003
To realloca : funds to proerly classify cost for Facility Planning Services.
16~,3'55.00 /fi~2,355.00
VOL ~'7 PA~E /Oco
BUDGET AMENDMENTS
No. 03/04-40.3
8/3/2004
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
45 630005 802030 CR Computer-Hardware 35,500.00
45 630005 802940 DR Equipment - Telephone 35,500.00
Capital Pr iects - Comm. CT.
Telephone' quipment for Detention Center originally budgeted $54,000 - actual cost is approximately
$90,000. 12 ing excess funds in Computer - Hardware.
/~ ;500:0~ 35,500.00
VOL 5'7 PAGE
BUDGET AMENDMENTS
No, 03/04-40.4
8/3/2004
4 DIV I ACCT PROJ ' DR/CR ACCOUNT NAME Increase Decrease
192001 ~ 606000 CR Office Supplies 1,740.00
34 192001 ~ 612100 CR i Court Costs 3,480.00
34 192001 ] 616200 CR Subscriptions & Publication 1,740.00
34 192001 ~ 672030 CR Minor Computer Hardware 688.30
34 192001 [[ 673420 i CR Fumiture 1,740.00
34 192001 Il 514400 ' DR Salary - Law Enforcement 1,674.37
34 192001 [[ 516400 DR Hourly - Temporary 3,020.00
34 192001 Il 531000 DR 'Social Security 260.11
34 192001 [1 532000 DR Retirement 190.37
34 192001 ~ 538000 DR Workers Compensation 36.41
34 192001 I 614500 DR Miscellaneous Expenditure 2,112.41
34 192001 I 618010 D~ Travel 963.40
34 192001 [ 672110 DR Software 921.25
34 192001 ] 672810 DR Equipment Electonic 209.98
D.A. Crim, ]Fund
[To realloca t funds to cover the cost of salary, salary supplement, and other costs for the remainder
of the fisc~ Tear. This lis provided for informational purposes only.
] . _.~ 9j088.30 9,388.30
I Il BUDGET AMENDMENTS
I'1 No. 03/04-40.5
FD I DIV li] ACCT PROJ DR/CR i ACCOUNT NAME Increase Decrease
01 I 280001 ]] 603200 CR Firearms Readiness 3,700.00
01 I 2800011~1 653500 DR Gasoline 3,700.00
ISheriff- A~ministration
]To realloc~ funds to cover the increase cost of gasoline. Additional funds maybe needed
Ito complete ]the fiscal year. I 00 00 ~
3,700.00
VOL ~9 PAGE / ~:'~,~
BUDGET AMENDMENTS
No. 03/04-40.6
8/3/2004
DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
280020 721570 DP, 1,200.00
280020 618060
Jail
To realk
CR
Counseling Services
Travel - Inmate Transport
fimds to cover the increase in number of psychological testing.
VOL .~
PAGE
1,200.00
1,200.00
C(
DI
PI
Ill
RC
TA
Ap¸
PERSONNEL CHANGE OF STATUS
URT DATE:
?ARTMENT:
?~POSE:
August 3, 2004
Personnel
Approve Personnel Change of Status
D & BRIDGE KOCH, STEPHEN C. NEW HIRE FULL TIME
i OFFICE
RICO, JEANETTE
KAHLER, BRANDY
TORRES, JOSEFA
TRANSFER WITHIN DEPT.
RESIGNATION
RESIGNATION
'oved in Commissioners' Court: August 3, 20~
tty Judge's or Commissioner's Signature:
copy to be attached to minutes)
VOL~'~ PAGE
hereby ce
1
session, {
"Meeting
members
Jr.
thus cons
Meeting:
(
(the "Ord
moved an
carrying ~
2
this Certi
the above
minutes ~
foregoing
Court as
sufficient
and that'
officers a
Meeting '
given, all
County C
(SEAL)
CERTIFICATE FOR ORDER
1
,', the undersigned County Judge and County Clerk of Brazos County, Texas (the "County"),
ify as follows:
The Commissioners Court of the County (the "Commissioners Court") convened in regular
~en to the public, on August 3, 2004, at the meeting place designated in the notice (the
., and the roll was called of the members, to wit: Randy Sims, County Judge, and the following
f the Commissioners Court: Eric Caldwell, Duane Peters, Kenny Mallard, and Carey Cauley,
members of the Commissioners Court were present, except /b///~
tuting a quorum. Whereupon among other business, the followihg/w~s transacted at the
. written
[DER APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF
TENTION TO ISSUE CERTIFICATES OF OBLIGATION AND OTHER
~TTERS RELATED THERETO
r") was duly introduced for the consideration of the Commissioners Court. It was then duly
seconded that the Order be finally passed and adopted; and after due discussion, such motion,
.th it the adoption of the Order prevailed and carried by the following vote:
YES: ~ NOES: _t~ ABSTENTIONS: O '
A true, full, and correct copy of the Order adopted at the Meeting is attached to and follows
:ate; the Order has been duly recorded in the Commissioners Court's minutes of the Meeting;
~nd foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's
the Meeting pertaining to the adoption of the Order; the persons named in the above and
)aragraph are duly chosen, qualified, and acting officers and members of the Commissioners
.dicated therein; each of the officers and members of the Commissioners Court was duly and
'notified officially and personally, in advance, of the time, place, and purpose of the Meeting,
e Order would be introduced and considered for adoption at the Meeting and each of such
d members consented, in advance, to the holding of the Meeting for such purpose; and the
as open to the public, and public notice of the time, place, and purpose of the Meeting was
required by Chapter 551, Texas Government Code, as amended.
2aren McQueen is the duly appointed and acting County Clerk of the County.
_~NED AND SEALED this August 3, 2004.
',rk, Brazos County, Texas
PAGE ///
This Electronic
and betwe~
OPC 'offers
if authorized in
fees and/or oth.
to permit paym,
perform certain
1. DEFINITION
ACH receiving
Chargebacks, Iq
'Agency Payme
'Chargeback' n
'Cb'zen' meam
Convenience FE
'Co- Brand' me;
the Agency wet
with a conflrmati
'Co-Brand Plus'
Citizen on the A
Citizen is subse,
'Convenience F~
by use of the Se
'OPC Designate
and any other fe
'OPC System' i
technology, hare
"Payment. Trans
IVR, as applicab
'Representment'
to Citizen's depc
'Return Transac
institution.
'Return Transac
'Services' mean
electronic funds
OPC Prop~
ELECTRONIC CHECK PAYMENT PROCESSING AGREEMENT
:heck Payment Processing Agreement, including its exhibits, ("Agreement") is made and entered to by
Official Payments Corporation, a Delaware corporation ("OPC"), and
('Agency').
· onic check payment and processing transaction services through an Intemet interface over the web, and
~riting by OPC, an interactive telephone voice response system ("IVR'). Agency collects taxes, fines,
' types of monetary obligations from individuals and/or entities subject to its jurisdiction. Agency desires
it of amounts owed to it by means of electronic transactions through the OPC System and to have OPC
dated services as described below.
Agreement
~ted Account' means the direct deposit/debit account(s) established and maintained by Agency at an
epositofy, ~ institution reasonably acceptable to oPe for payment of Citizen obligations and debit of
turn Transactions, fines and fees. Agency Designated Account is further described in Section 4.2.
I' means any payment that is ow .e~l_ by a Citizen to Agency and paid through a Payment Transaction.
aris the reversal of a Payment Transaction previously credited to an Agency Designated Account.
the parson, business or entity who initiates and makes payment of the Agency Payment and
through a Payment Transaction.
~s an electronic transaction containing payment and identirmation data which is initiated by the Citizen on
ire, then transferred to aq OPc web page where the Citizen completes the transaction and is provided
of the Payment Transaction.
leans an electronic transaction containing payment and identi~mation data which is initiated by the
~ncy website, then transferred to an OPC web page where the Citizen completes the iransaction. The
lently transferred back to the Agency web site along with confirmation of the Payment Transaction.
;" means the fee charged to a Citizen by OPC for the convenience of Citizen making Agency Payments
,ices. The convenience fee schedule is set forth in Exhibit A.
Account' means the direct deposit account(s) set up by OPC to receive payment of convenience Fees,
~ owed to OPC.
~-ans OPC's and its Suppliers' electronic payment processing system including but not limited to its
,are, software and equipment.
;tiorf means an elecb'onic payment bansaction initiated by a Citizen at the OPC or Agency website or
and processed by OPC and its Suppliers under this Agreement.
leans a Return Transaction that was due to insuffK:ient or uncollected funds that has been represented
~tory financial institution at the request of the Agency.
~n" means a Payment Transaction that is unable to be processed by a Citizen's depository financial
)n Fee' means the fee charged to Agency pursuant to Section 4.1 and Exhibit A.
the services provided by OPC and its Suppliers pursuant to this Agreement inclusive of payment and
ansfer which enable Payment Transactions to be processed.
wry and Confidential Page I 1/28/2004
VOL 57 PAGE
"Simple Trans
identification
page.
Processor" (STP) means an electronic transaction and return confirmation containing payment and
initiated and received by the Citizen on the Agency website, without a link or transfer to an OPC web
OPC authorized vendors including, but not limited to, ACH processor(s).
2. PROVISIO
2.1
and
2.2
the ACH eligil:
above or equa
check against
2.3
eleclroni~
2.4
Account
Time cutoff), (ii
no later than
and 72
Any Return
(iii) delayed
2.5
robe
(electronic or
2.6
authorization
National
2.7
arrange for a
nature of the
statement.
2.8
2.9 During
into the system
3. AGENCY
3.1 STP
the QPC web
transactions,
utilizing the
within r~teen (1
(2) years folio~
expenses, reim
produce such r
of NACHA rule~
such terms to
affirmative elec
OPC Pro
OF SERVICES. As part of the Services, OPC shall:
Citizens with the opportunity to make Agency Payments by electronic check through an Internet interface,
in writing by OPC, through an IVR system.
real time processing of electronic check transactions, validate the bank transit routing number, validate
of the bank transit routing, determine that the dollar amount is below or equal to the maximum and
the minimum specified by the Agency, validate checking account number for structure and validity and
file in an established proprietary database.
a Iransaction file and forward Payment TransaCtiOns to the Automated Clearing House (ACH),
the Citi:,ene bank account and crediting the Agency Designated Account.
Agency with the option of choosing a settlement method .for their ful~ds to the Agency Designated
within 48 hours after complefi6n of the Payment Transaction (this option requires a 2:30 PM Pacific
within 72 hours after completion of the Payment Transaction. or (iii) by delayed settlement which occurs
iht business days after completion of the Payment Transaction. Settlement of funds under the 48-hour
methods (subsection (i) and (ii), respectively) will include all authorized Payment Transactions.
will be subsequently debited directly from the Agency Designated Account. Under subsection
method, Chargebacks are deducted prior to settlement of funds.
the dollar amount of each Agency Payment made by Citizens and the corresponding Convenience Fees
Ily debited from the Citizen's designated demand deposit account, and obtain the Citizen's authorization
of such transaction prior to initiating the transaction.
Citizen with electronic confirmation of the electronic check transaction and retain electronic check
and transaction records for such period of time as required by applicable law and the regulations of the
Clearing House Association ("NACHA'),
for a unique check descriptor for the Agency Payment that references the name of the Agency and
unique check description for the Convenience Fee that re[erences Official Payments and the
This description is used to identify payment transactions and the convenience fee on the Citizens bank
with a daily report detailing Payment Transactions and Chargeback transactions.
implementation process, provide Agency with OPC's standard disclosures for Agency's incorporation
STP transactions.
Agency ~hall comply with the following obligations:
Agency understands that STP transactions take place on the Agency website without link to
Accordingly, Agency shall obtain and retain all records related to the initiation and authorization of
all digital (click-wrap) or written authorizations for OPC to collect and/or initiate transactions
System. Digital (or, if applicable, written) copies of such records shall be delivered by Agency to OPC
i days of written request by OPC and shall otherwise be retained by Agency for a period of at least two
Ig the date of the transaction. Agency shall be liable to OPC for any and all liabilities, claims, costs,
arsement obligations, fines and penalties which arise in connection with a failure to timely secure and
~rds, authorization agreements or receipts in accordance with applicable laws and regulations, inclusive
and regulations. Agency shall (i) incorporate the OPC standard disclaimers into its website, (ii) present
~ch citizen for viewing, (iii) allow citizens to print the terms for their records, (iv) require the citizen's
~nic or written agreement to the disclaimer terms prior to submitting the Payment Transaction, (v) keep
'etary and Confidential Page 2 1/28/2004
/0L
wdtten record
time with writt{
days after its
3.2 If Ag
precautions w
Agency, Agen,
more idenfifm, a
or password(S
shall be the so
3.3 With n
amount of Age
3.4 Other 1
impose any su~
3.5 If Ager
sufficiently in a
approval.
3.6 A..qenc~
such person's
3.7 Subje¢
to its Citizens ~
Website and n
taxpayer infom
consent prior I
reasonable ch=
trademarks and
3.8 Agency
equipment, soft
3.9 AgenC~
authorize elecl
instruments or
intended unde
of itself, its em
4. FEES, TA~
the citizen's agreement to the disclaimer terms. OPC may change its standard disclosures from time to
notice to Agency, and Agency shall incorporate such changes into the disclaimers within five (5) business
eipt of such changes from OPC.
~ is using Co-Brand, Co-Brand Plus. or STP application, Agency shall take all reasonable security
fin its system, hardware and software to prevent unauthorized or fraudulent use of the OPC System by
' employees and agents, and Citizens. OPC may, but shall not be required to, assign to Agency one or
~n numbers or passwords for Agency's use in obtaining the Services. Once such identification number(s)
have been delivered to Agency by OPC, the use and confidentiality of such numbers and/or passwords
responsibility of Agency.
pect to all Chargebacks the Agency must allow direct debiting of the Agency's Designated Account for the
.'y Payments previously settled into the Agency Designated Account.
an permitting OPC to charge the Convenience Fees in accordance with this Agreement, Agency will not
harge or penalty on eiec~-onic check transactions made by Citizens under this Agreement.
requests a customized reporting format, Agency sha. II provide OPC with its desired reporting format
mnce of the requested report delivery date. Customized reporting formats require OPC's prior written
~ill not require, as a condition to making an Agency Payment, that a Citizen agree in any way to waive
Ihts to dispute the transaction withlheir banking institution for'legitimate masons.
:o the restrictions of the section entitled 'Intellectual Property', Agency will actively promote the Services
ils own expense. These promotions shall include PUblishing the relevant URL for the Official Payments
.=rant. telephone number (as applicable) on all tax instruction booklets, tax preparer communications,
~tion publications, citations and notices, and all related marketing materials. Agency will obtain oPC's
publishing any materials that reference the Services or OPC, and Agency agrees to incorporate all
ges requested by OPC into any of the marketing materials to ensure (i) the correct usage of the OPC
~jos, (ii) the accuracy of the content, and (iii) reasonably acceptable graphics and presentation.
tall be solely responsible, at their own expense, for acquiring, installing and maintaining all of its own
are and data communication service which is not a part of the OPC System.
shall execute and deliver to OPC an ACH authorization agreement in the format provided by OPC to
~nic payments/debits to and/or from the Agency Designated Account, and any other certificates,
ocuments as required by applicable laws and regulations in order to consummate the tmnsections
tis AgreemenL Agency will maintain and comply with applicable NACHA roles and regulations'on behalf
,yees, agents and Citizens.
S, AND PAYMENTS.
4.1. Fees a~ I Tpxes. Agency shall pay OPC fees for Services in accordance with the rates set forth on Exhibit A
~Free S. ch_edulelfl,.which is !.ncorporated into ~is Agr..eem~. nt by reference. OPC will charge Citizens a Convenience Fee
r each I-'.a. ym~l~t/ran_sacaon.. The Co.nve. mer~._ Fee ~s non-refundable. The convenience Fee is processed with the
corresponolng .~lency Faymen[ as a pan ol a unified transaction. Agency fees are calculated on a monthly basis and are
debited from th~ ~gency Designated Account monthly in arrears by OPC or its Suppliers. In the event that OPC incurs an
increase in tra~action processing fees, taxes or other increase in fees required by applicable law or government or
association reg~l~ation during the term of this Agreement, OPC may pass through such charges to Agency. Agency fees '
are sUbject to cl~nge by OPC alter the initial term, upon thirty (30) days prior notice to Agency. Agency shall pay to OPC,
and during the i m of this Agreement and for sixty (60) days thereafter OPC (or its Suppliers) may debit from the Agency
Designated Ac
chargebacks, 6
debits that over
Agency. Any fe
month until paid
4.2 Aqency
Transaction an(
termination for
fees, cha~ges
Suppliers to d~
OPC Pro~
)unt, any other amounts owed by Agency under this Agreement, including, but not limited to,
~sit charges, refunds, fines (inclusive of those imposed by NACHA), Returned Transaction Fees, ACH
~w the Agency Designated Account, and any other fines or liabilities incurred under this Agreement by
and charges or other liabilities.owed by Agency and not paid when due shall bear interest of 1.5% per
esiqrlated Account. Agency will establish an Agency Designated Account prior to any Payment
~hall maintain such account during the term of this Agreement and for at least 90 days after expiration or
~y reason. Agency agrees to maintain sufficient funds in the Agency Designated Account to satisfy all
~d other obligations of Agency under this AgreemenL Agency authorizes OPC, its assignee or its
it via ACH transfer, the Designated Account for any such amounts Agency owes OPC under this
~try and Confidential Page 3 1/28/2004
Agreement.
obligations of
all costs and {
Section shall'.
5. SUSPEN
financial settl(
misrepresenta
law, governm(
substantially c
depending on
may require A
Services. OPC
6. TERM A~
6.1. Term.
Term"). This 1
party provides
to the end of fl
6.2. Termir
6.2.1 Te
6.2.2 Te
the
vic
pn
6.2.3 Te
wri
7. ACCOUN3
Transaction ac
compliance wi
responsibility t,
immediately nc
inspect Agenc~
be responsible
represe ntative.~
8. INTELLEC
Services, OPC
trademarks an(
does not have ~
OPC Marks, se
domain name,
the amount in the Agency Designated Account does not contain sufficient funds to cover fees and
;lency, Agency agrees to pay OPC the amount it owes under this Agreement upon demand, together with
3enses incurred to collect that amount, including reasonable attorneys' fees. The authority granted by this
rvive the termination of this Agreement.
ION; RESTRICTIONS. OPC may immediately suspend the Services or withhold Services or individual
tents in the event (i) OPC has reason to believe there has been or may be a breach of security, fraud, or
~n in connection with the Services, (ii) continued provision of the Services would violate any applicable
t regulation or the NACHA rules and regulations, or (iii) the financial status or credit quality of Agency is
ninished in the reaSonable discretion of OPC. OPC will provide notice and opportunity to cure if practical,
le nature of the event causing the suspension. In the event of a suspension under this Section 5, OPC
~.ncy to establish a reserve account or institute other mutually agreed restrictions prior to OPC restoring
shall have no liability for any suspension in accordance with the terms of this Section 5.
! TERMINATION.
I'his Agreement shall be effective upon the date of full execution and has an initial term of 2 years ("Initial
ireement shall automatically renew for successive one year periods (a "Renewal Term"), unless either
/ritten notiication to the other party of its decision notto renew this Agreement no later than 90 days prior
~ then current term.
tion.
nination For Cause. Either party-may terminate this Agreement for cause in the event of a material
~ch by the other party, which breach is not cured within thirty (30) days after written notice of such breach
'ovided to the other party.
ninafion By OPC. OPC may terminate this Agreement at any time upon written notice to the Agency in
avent the provision of the Services' hereunder is determined by Official Payments in its sole discretion to
ire any statute, regulation, rule, order or operating procedure enacted or promulgated by a governmental
~dicial authority of competent jurisdiction, NACHA (or any similar industry organization with authority over
Services), or in the event that any statute, regulation, rule, order or operating procedUre is enacted or
~ulgated which effectively reduces or eliminates the fees charged by OPC.
nination For Convenience. Either party may terminate this agreement for convenience upon 60 days prior
en notice to the other party.
MONITORING; SECURITY. OPC and its Suppliers may monitor the use of Services or Payment
vity and investigate unusual or suspicious activity to the extent it is with reasonable discretion and in
~ applicable laws and government regulations, provided, that' in no event does OPC aSSume any
discover any possible breach of Agency's security or misuse of the serVices. Agency and .OPC shall
[y the other if either discovers any breach of security. OPC shall have the right, at OPC's sole cost, to
~ operation, system and web site to verify Agency's compliance with its security obligations. Agency shall
for failure to use reasonable security precautions and for any fraud committed by its employees,
~nd Citizens as a result such failure in connection with the use of the Services.
JAL PROPERTY. In order that Agency may promote the Services and OPC's.mie in providing the
rants to Agency a revocable, non-exclusive, non transferable, royalty-free license to use OPC's logo,
)ther service marks (the "OPC Marks') for such purpose only, in a form as approved by OPC. Agency
~y other right, title, license or interest, express or implied, in and to any object code, software, hardware,
,ice mark, trade name, trade dress, formula, OPC System, know-how, telephone number, telephone line,
RL, copyrighted image, text, script (including, without limitation, IVR or the OPC Website scripts) or other
intellectual Prol ~rty right of OPC (collectively 'OPC Intellectual Property'). All such OPC Intellectual Property, and all
rights and title I~rein (other than rights expressly granted in this letter) are owned exclusively by OPC A.qency's license
to use any OPq~llVlarks shall terminate upon the earlier of (a) the effective date of termination or'expiration-of thi's
Agreement, or {1~) immediately, in the event of any breach of this section of the Agreement by Agency. Agency will not
utilize any OPCI ~ntellectual Property in any manner that would diminish its value or harm the reputation of OPC. Agency
agrees that anl ~se of the OPC Marks will conform to reasonable standards of acceptable use specified by OPC.
9. COMPLIAI~IibE WITH LAWS, RULES AND REGULATIONS.
The parties sh~
and governing
rules of the NA~
OPC Pr~
comply with all applicable laws, rules and regulations of federal, state and local governmental authorities
dustry associations, including without limitation, Federal Reserve Regulation E (12 C.F.R. Part 205), the
~IA, and all applicable privacy laws and regulations, all of which are incorporated herein by reference and
retary and Confidential Page 4 1/28/2004
made a part c
regulations an(
and comply wit
compliance is
10. WARRAN'
10.1 Warrar
Agreement an(
authorization t¢
within ten (10)
provided in su(
Agency inform~
10.2. Disclair
acknowledges 1
including inadw
or from the OI
connectivity/ac(
uninterrupted, -~
Except as expl
Suppliers make
of law or othel
particular purpo
'1t. INDEMNIFI
suits for any los.
injury, sickness,
furlher condition
the other party
t2. LIMIT.a
PUNITIVE, INCl
REVENUE, DA'
THIS AGREEMI
CONTRACT, S'I
POSSIBILITY £
DAMAGES FOF
EVENT EXCEl:
PARTICULAR !
liability md exc
Agency acknow
differently, and
contained hereir
Transactions du
availability of thi
enter and/or tm~
13. CONFIDEN'
either party to t~
should be reasc
terms, condition.~
OPC and Agen
documentation .~
disclose the othE
and limited to th~
Information of th,
who have agree
party agrees tha
own confidential
information. How
OPC.Propr
this Agreement as if set forth in full herein. OPC may from time to time establish reasonable rules,
)perational guidelines with respect to use of the Services by Agency, and Agency agrees to be bound by
such rules, regulations and guidelines thirty (30) days alter delivery thereof to Agency, unless immediate
quired by law or regulation or otherwise agreed upon in writing by the parties.
AND DISCLAIMER.
Each party represents and warrants that it has the full legal right, authority and power to enter into this
perform its obligations hereunder and that the person who signs the Agreement for each party has full
)ind the respective party. Agency shall provide to OPC the standard set up form ('Agency Set Up Form")
lays of full execution of this Agreement. Agency represents and warrants to OPC that all information
form is current, correct and complete. Agency agrees to notify OPC in writing of any changes to such
on within ten (10) days of such change.
;r. OPC and its Suppliers are providers of the Services, not insurers, and as such, Agency
at data processing involves the inherent risk of human and machine errors, omissions, delays and losses
tent loss or misstatement of data. OPC and its SUppliers do not, and cannot, control the flow of data to
; System, which depends in large part on the Intemet and third parties, including without limitation
ss providers. Accordingly, neither OPC nor its Sdppliers warrant that the Services will be error free,
cum or virus free, and OPC and its Suppliers disclaim liability resulting from. or related to such events.
ssly provided for herein, the Services are provided 'AS IS' and 'AS AVAILABLE', and OPC and its
lo ether representations or warranties of any kind.whatsoever, whether express or implied, by operation
ise, including, without limitation,-any implied or statutory warranties of merchantability or fitness for
.~.
~.TION. The parties shall indemnify,'defend, and hold each other harmless from any and all claims and
;, damages, or costs arising therefrom, including reasonable attorney's fees, alleged or asserted by a third
~t arising from the indemnifying party's gross negligence or willful misconduct which results in (i) bodily
lisease or death or (iO any loss, damage or desbucfion of personal tangible property. This obligation is
:1 on the indemnifying party receiving from the other party prompt written notification of any such claim and
3perafing fully with the indemnifying party in the defense of any such action.
ON OF LIABILITY. OPC OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL,
~ENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT EMITATION, LOSS OF PROFITS,
~, OR DAMAGES FROM LOSS OFUSE OR DELAY, ARISING OUT OF OR IN CONNECTION WITH
~IT, HOWEVER ARISING UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
[ICT LIABILITY OR UNDER STATUTE), EVEN IF OPC HAS BEEN INFORMED IN ADVANCE OF THE
"SUCH POTENTIAL CLAIM, LOSS OR DAMAGE. OPC'S TOTAL AGGREGATE LIABIETY FOR
~,NY ACTION ASSOCIATED WITH THIS AGREEMENT OR THE SERVICES PROVIDED SHALL IN NO
~ THE AMOUNT OF THE CONVENIENCE FEE PAID TO OPC IN CONNECTION WITH THE
kYMENT TRANSACTION GIVING RISE TO DAMAGES HEREUNDER. The foregoing limitation of
sion of certain damages shall apply regardless of the success or effectiveness of other remedies.
dges that without its agreement to the limitations contained herein, OPC would be compensated
rould charge Agency directly for Payment Transactions. Notwithstanding anything to the contrary
OPC shall not have any liability for delays in receipt or processing of Agency information or Payment
to causes beyond its reasonable control, including, without limitation, failures or limitations on the
I party telecommunications or other transmission facilities or Agency's or Citizen's failure to properly
mit information.
ALITY. The term 'Confidential Information' shall mean any and all information which is disclosed by
other verbally, electronically, visually, or in a written or other tangible form which is either identified or
ably understood to be confidential or proprietary, including but not limited to this Agreement and the
and pricing contained herein, Agency and Citizen personally identifiable data, the OPC System, and
! trade secrets, computer programs, software formulas, inventions, techniques, marketing plans,
ategies, and forecasts. Each party agrees that it will not make use of disseminate, or in any way
party's Confidential Information to any person, firm or business, except as authorized by this Agreement
extent necessary for performance of this Agreement. Each party agrees that it will disclose Confidential
other party only to those of its employees and Suppliers who have a need to know such information and
to be bound by the non-disclosure terms and conditions of this Agreement prior to disclosure. Each
it will treat all confidential Information of the other party with the same degree of care as it accords its
lformation, and each party represents that it exercises reasonable care to protect its own confidential
ver, neither party has responsibility for safeguarding the confidential Information of the other party that
~ary and Confidential Page $ 1/28/2004
is (i) publicly ~
obtained by s~
party without ~
party receivin(
response to a
with commen
treatment of;
disclosure is r
business days
confidential inl
14. GENERA[
14.1 Entire
agreement bel
oral or written,
that the failure
conditions her~
amended exce
invalid or une~
invalidated in ~
economic effe(
14.2 Reme(
cumulative an(
remedies avail
14.3 Assian
party, provided
nor require the
consolidation
null and void.
by the parties
14.4 Statu.'
to create apl
party shall ha~
acknowledges
OPC Supplie~
crediting of the
14.5 Goverl
applicable to a
14.6 Notice
hereunder shal
by nationally ri
respective add~
as provided he
Chief Oper
Official Pa
2333 San
San Ram(
With a copy to:
General C{
Official Pal
2001 N. M~
Walnut Cr(
Notices to Agel
OPC Pr~
ailable, (ii) already rightfully in such party's possession and not subject to a confidentiality obligation, (iii)
:h party from third parties authorized to make such disclosure, or (iv) independently developed by such
ference to or use of the Confidential Information of the other party. Notwithstanding the foregoing, the
Confidential Information shall not be in violation of this section with regard to a disclosure that was in
alid order by a court or other governmental body, provided that the receiving party provides the other party
Ily reasonable prior written notice of such disclosure in order to permit the other party to seek confidential
~ch information, md provided that the receiving party has been advised by legal counsel that such
~uired by law, and such disclosure is limited to the minimum extent required by law. Within ten (10)
011owing the date of any termination of his Agreement or upon expiration, Agency agrees to return all
marion and materials provided by OPC to Agency.
F~ROVlSlONS.
qreement; Severability; Waiver. This Agreement, together with the attached exhibits constitutes the entire
'een Agency.and OPC with respect to the subject.matter hereof, and supersede~ any prior agreement,
etween Agency and OPC and/or its representatives(s) in connection with this AgreemenL Agency agrees
,f OPC to enforce any terms or conditions of this agreement is not a waiver of such or any other terms or
rt contained. Except as explicitly provided by this .Agreement, this Agreement may not be changed or
: by a writing executed by authorized representatives of both parties. If any provision herein is held to be
~rceable for any reason, the remaining provisions will continue in full force withOut being impaired or
y way. The parties agree to replace any .invalid provision that most closely apprOximates the intent and
of the invalid provisiOn. ~
;s. Except as otherwise expressly provided in this Agreement, all remedies available to either party are
not exclusive, and termination, expiration or suspension shall not limit either party from pursuing other
}le at law or in equity.
,ent. This Agreement may not be assigned by either party withOut the prior written consent of the other
however, that the foregoing shall not prohibit OPC from assigning this Agreement or its rights hereunder,
onsent of the Agency, in connection with any change of control, corporate reorganization, merger or
Official Payments. Any purported assignment, transfer, or delegation in violation of this Section shall be
abject to the foregoing, this Agreement shall be binding upon, inure f~ the benefit of, and be enforceable
d their respective successors and assigns.
I' the Parties: Su0Dliers. The parties are independent contractors, and nothing herein shall be construed
lership, joint venture, franchise, employer-employee relationship by or t)etween Agency and OPC. No
, the authority to commit or bind any other party without such party's prior written consenL Agency
nd agrees that certain portions of the Services which enable Payment Transactions may be provided by
including, but not limited to, processing and formatting of Payment Transactions and the debiting and
~gency Designated Account in accordance with the terms of this Agreement.
l_a Law. This Agreement shall, in all respects, be govemed by the Laws of the State of California
eements executed and wholly performed within the State of California.
Except as expressly provided herein, all notices and other communications required or permitted
be given in writing and shall be delivered personally or sent by certified mail (return receipt requested), or
=ngnized overnight courier, and shall be deemed to have been delivered upon receipted delivery to the
sses set forth below. Any party may change its address for notice by providing notice to all other parties
,in. Notices to. OPC shall be sent to:
:lng Officer
lents Corporation
~mon Valley Boulevard, Suite 400
CA 94583
rnsel
~ents Corporation
Street, Suite 500
k, CA 94596
:y shall be sent to:
Yetary and Confidential
Page 6
1/28/2004
14.7 Force IV
this Agreement,
delayed, impaire~
quarantine restri{
telecommunicatic
beyond OPC's
14.8 Su~val.
shall survive, incl[
IN WITNESS WHI
OFFICIAL PAYM
By:..
Name: m___~.~
Title:
Date:
OPC Proprieta~
~ny Section of this Agreement that logically survives the expiration or termination of this Agreement
lng Sections 1, 3.1, 3.3, 4, 8, 11,12,13, and 14.
{EOF, the parties have executed this Agreement as of the date set forth below.
ITS CORPORATION:
rnd Confidential
Page 7
1/28/2004
VOL 5.'7
;ure. Official Payments shall not be considered in breach of or in default of any of its obligations under
md shall in no way be liable to the Agency hereunder, to the extent its performance hereunder is
or rendered impossible by acts of God, natural disasters, acts of terror, war, riots, fire, storms,
OhS, floods, explosions, labor strikes, labor walkouts, extraordinary losses of utilities (including
s services), external computer 'hacker" attacks, delays of common carriers or similar cause that are
;onable control.
Convenience
$ 5.00 pere;
..$ 20.00 per e
A.~encv Fees 1
$ 0.00 initial
Please indica;
X
AQencv Ootio,
$ 0.00 asaF;
Option #1 does
A(i_ ency Optiol
$ 0.00 as a
Option #2 inck
Exhibit A
Fee Schedule
:es to be char,qed to Citizen by OPC:
Payment Transaction less than or equal to $10,000.00
Payment Transaction greater than $10,000.00
be chan3ed to Agency by OPC:
gency set-up fee
Agency option choice:
Option #1
3ption #2
~1:
turned Transaction Fee for each Retum Transaction.
ot include a Representment option.
turned Transaction Fee for each initial Return Transaction.
;s one Representment.
de
ELECTRONTC DEPOSI'r TNSTRUCTIONS
Jndersigned hereby auflx)rizes Offidal Payments Corporation (OPAY) to
sit Automated Clearing House Oedits ("ACH Credits") or wire transfers for
eyment of settlements due to Government Entity to the following bank
Jnt:
~era
settl
void
Bani
Bani
Ban~
Ban~
Ban~
Cliet
Pdnt
Signi
Title:
Date
I~/~ Name and Address:
d L~ "Buddy" Winn Tax ~,/'C'~.
Wm J. B,rya,n ,Pl~.~,
, '~,,,77803
lng Information:
Federal Tax ID #
Phone Number:
FAX Numben
979-361-4470
979-361-4487
~ame:
]Jre:
VOL ~q PAGE
329733168
113193532
Brazos Co. Tax Assessor ollec or
First American Bank Texas
PO Box 9120
Bryan,, Texas 77805-9120
(979) 260-4300
·
.
Rev 4 - 08/30/2001, rea
Phone Number:
t Authorization:
Account Number:
ABA/Routing Number:
~nt Name:
Name:
Address:
RTAITI': Rase fill out the following information accuratmly to ensure timely
ment and to avoid deposit returns and rejects. Please attach a COpy.Of a
check (if possible).
PAGE /,2-/
'i
o
fl}
VOL ~ ~_/_2~
VOL ~'~
Rev, 9/6/00
TXU
address is
receipt and
1. Comt
"Project").
without an'
3. Con
authorities
reasonably
construct th
by Compan
to be consl~
service. Apl
within 90 d
payment wi
4. Unless,
alleys, Coml
constmctio~
rights-of-wa
reduced to t
complete cu'
easements o:
platting of tl
installation {
required afte
5. If any t
the date of th
to Company
Applicant's c
6. Compa
is no longer
Applicant's p
further oblig
7. Title to
use, operate
successors al
8. Applic~
failure to per
GAS MAIN EXTENSION CONTRACT
COMMERCIAL FORM (NON-REFUNDABLE)
WR No. 2086041G
las Distribution, a division of TXU Gas Company, ("Company") and Brazos County ("Applicant"), whose
0 Ease 26th St, Suite 114, Bryan, Texas 77803, in consideration of good and valuable consideration, the
ufficiency of which is hereby acknowledged, agree as follows:
ny will extend its gas mains approximately 8760 feet along FM 1179 and Jones Road in Bryan,Texas (the
he approximate route of the ProJect is shown on Exhibit A, attached and made a part hereof.
xecution of this Contract Applicant will pay to Company $100,192.93 as compensation for the Project,
ight to credits or refunds, except as otherwise provided herein.
ay's obligation to construct the Project is subject to applicable laws, rules and regulations of governmental
id to any delay occasioned by force majeure or events or conditions of whatever nature, which are
~yond Company's control. Applicant understands that Company will not be obligated or required to
Project prior to the construction of projects covered by contracts and authorizations that were entered into
prior to the date of execution of this Contract (the "Effective Date"), the construction of projects required
cted by the provisions of Company's franchise or construction or repair required to maintain existing
leant will satisfy all of the conditions of this Contract and provide Company with access to the Project site
rs from the Effective Date, or Company may, at its option, cancel this Contract and return Applicant's
out interest. Thereafter, neither party will have any obligation hereunder.
he Project is to be located entirely within public rights-of-way under or adjacent to existing streets or
[ny will not be obligated to commence construction of the Project, or after it has commenced, to continue
.fthe Project in areas outside of existing public rights-of-way, unless and until: i) Applicant has caused the
for the Project to be clearly staked on the ground, cleared of all surface obstructions of any kind and either
tal grade or staked with reference grade stakes (in which case, Applicant will provide Company with
nd fill plans) and; ii) all necessary rights-of-way have been furnished to Company free of charge through
the Company's standard form, utility easements or public rights-of-way that will be dedicated upon final
Project. Applicant and Company will coordinate the trenching activity related to the Project with the
~other underground utility systems. Applicant will be responsible for any landscape restoration work
Company has completed the Project.
vement, sidewalk or other obstruction is constructed along or across the route of the Project subsequent to
survey on which costs incurred hereunder are based, and such obstruction will result in an increase in cost
a the construction of the Project, then Company may, at its option, cancel this Contract, and return
Dh deposit without interest. Thereafter, neither party will have any obligation hereunder.
i' may terminate this Agreement at any time if, in Company's sole discretion, it determines that the Project
onomically or technologically feasible. If Company so terminates the Agreement, Company will return
?ment, less any amounts expended by Company for the Project, and thereafter, neither party will have any
ions hereunder.
~e Project, including appurtenances, connections thereto and extensions thereof, and including the right to
d maintain the same, will forever be and remain exclusively and unconditionally vested in Company, its
assigns.
t will be responsible for any additional construction costs incurred by Company because of Applicant's
rm any of the obligations required of Applicant under this Contract.
9. THIS (~)NTRACT WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF TEXAS,I~t.ESPECTIVE OF ANY CONFLICT OF LAWS PROVISIONS.
Il
10. This C(~ltract,constitutes the £mal expression of agreement between the parties and parol or extrinsic evidence is
inadmissible ll explain, vary or contradict the express terms of this Contract.
Company /
Printed Nar~e~] '-[(t3r~ / ~rl~$ Printed Name:--,/~imberl~53/m,----'~. -
Title: ~.~X~t--~'-~£Jag~ Title: Sr. Project Manager~F'--~
Date: ~j~Ot~t c,.J Date: July 15, 2004
Rev.
9/6/00 GAS MAIN EXTENSION CONTRACT WR No. 2061838G
]1 COMMERCIAL FORM (NON-REFUNDABLE)
I1
TXU[q~as Distribution, a division of TXU Gas Company, ("Company") and Brazos County ("Avnlicant"~, whose
address is 2[~0 Ease 26th St, Suite 114, Bryan, Texas 77803, in consideration of good and valuable c~o~nsiderat'ion, the
receipt andl ~fficiency of which is hereby acknowledged, agree as follows:
1. Corn1
Bryan, Tex
hereof.
without an,
3. Com'
authoritie~
reasonably
construct ti
by Compan
to be const
service. Ap
within 90 d
payment w
4. Unles
alleys, Corn
constmctio]
rights-of-wi
reduced to
complete c~
easements c
platting of t
installation
required afl.
5. If any
the date oft]
to Compare
Applicant's'
6. Comp,
is no longer
Applicant's
further obli
7. Title
use, operate
successors
8. Appli
failure to pe
9. THIS
OF TEXA',
ny will extend its gas mains approximately 1200 feet within the Brazos County Expo Center property in
(the "Project"). The approximate route of the Project is shown on Exhibit "A," attached and made a part
xecution of this Contract Applicant will pay to Company $5,867.68 as compensation for the Project,
· ight to credits or refunds, except as otherwise provided herein.
ny's obligation to construct the Project is subject to applicable laws, rules and regulations of governmental
ad to any delay occasioned by force majeure or events or conditions of whatever nature, which are
eyond Company's control. Applicant understands that Company will not be obligated or required to
Project prior to the construction of projects covered by contracts and authorizations that were entered into
prior to the date of execution of this Contract (the "Effective Date"), the construction of projects required
tcted by the provisions of Company's franchise or construction or repair required to maintain existing
icant will satisfy all of the conditions of this Contract and provide Company with access to the Project site
~,s fi.om the Effective Date, or Company may, at its option, cancel this Contract and return Applicant's
tout interest. Thereafter, neither party will have any obligation hereunder.
the Project is to be located entirely within public rights-of-way under or adjacent to existing streets or
any will not be obligated to commence construction of the Project, or after it has commenced, to continue
)fthe Project in areas outside of existing public rights-of-way, unless and until: i) Applicant has caused the
for the Project to be clearly staked on the ground, cleared of all surface obstructions of any kind and either
aal grade or staked with reference grade stakes (in which case, Applicant will provide Company with
and fill plans) and; ii) all necessary rights-of-way have been furnished to Company free of charge through
the Company's standard form, utility easements or public rights-of-way that will be dedicated upon fmal
~ Project. Applicant and Company will coordinate the trenching activity related to the Project with the
? other underground utility systems. Applicant will be responsible for any landscape restoration work
Company has completed the Project.
lvement, sidewalk or other obstruction is constructed along or across the route of the Project subsequent to
survey on which costs incurred hereunder are based, and such obstruction will result in an increase in cost
ha the construction of the Project, then Company may, at its option, cancel this Contract, and return
tsh deposit without interest. Thereafter, neither party will have any obligation hereunder.
ty may terminate this Agreement at any time if, in Company's sole discretion, it determines that the Project
:onomically or technologically feasible. If Company so terminates the Agreement, Company will return
[yment, less any amounts expended by Company for the Project, and thereafter, neither party will have any
tions hereunder.
:he Project, including appurtenances, connections thereto and extensions thereof, and including the right to
ad maintain the same, will forever be and remain exclusively and unconditionally vested in Company, its
assigns.
will be responsible for any additional construction costs incurred by Company because of Applicant's
~rm any of the obligations required of Applicant under this Contract.
ONTRACT WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
IRRESPECTIVE OF ANY CONFLICT OF LAWS PROVISIONS.
10. This
inadmissibl~~~
Brazos Co
By:
Printed Nan~
~tract constitutes the final expression of agreement between the parties and parol or extrinsic evidence is
explain, vary or contradict the express terms of this Contract.
TXU GAS DISTRIBUTION, a division of TXU Gas
Printed Name~Kimber~P.E.
Title: Sr. Project Manager
Date: July 15, 2004
Agreement for Advisory and Consultative Services between
Brazos County Office of the Sheriff
and the TAMU Psychology Clinic
in the Department of Psychology at Texas A&f4 University
Proposal prepared by
Robert W. Heifer
Department of Psychology
Texas A&M University
.luly 21, 2004
c:\ .... \wpdocs\clinic\sheriff04
VOL ..5'? PAGE
Authori:
For Bra:
Sheriff
Randy Si~
Brazos ~i
For Te~
Richard
Associat
Brazos County Office of the Sheriff / TAMU Psychology Agreement 2 of 4
~tions:
!r Kirk
Znstitutional Representatives
Date: ~//?/ay
~nty Commissioners Court
Date:
~.~ .4&M
, Floyd
Vice-President for Finance
Date:
VOL ..~'? PAGE /,.~ 7
Agn
of th
This c
(heno
in th~
TAMI
TAMI
of Ps'
8017
Brazo.,
2004
Deten
Texas
evalu;
perso~
as ind
Fees
Brazo.'
sum o
of eva
Evalu
TAMU,
Counb
under'
Finan
TAMU
for set
for set
This
reimbt
Early
This A
this Ac
perfor~
within
Brazos County Office of the Sheriff / TAMU Psychology Agreement 3 of 4
:ment for Advisory and Consultative Services between Brazos County Office
Sheriff and the Psychology Clinic in the Department of Psychology at Texas
A&M University
ltract outlines an agreement between the Brazos County Office of the Sheriff
:orth referred to as Brazos County Sheriff) and the clinical psychology program
Department of Psychology at Texas A&M University (henceforth referred to as
regarding Advisory and Consultative Services between the two institutions. The
iddress for correspondence regarding services is TAMU Psychology Clinic, Department
lology, Texas AbM University, 4235 TAMU,, Texas 77843-4235 (phone: 979-845-
~mployer's T.D.#: 76-4000531; profession/occupation: psychologist).
County Sheriff agrees to retain TAMU for a period of 12 months beginning October 1,
,nd continuing until September 31, 2005 to furnish psychological evaluations of
3n Officer or Deputy Sheriff candidates in accordance with regulations set forth in the
:ommission on Law Enforcement Officers Standards and Education. Specifically, each
on will include: (a) a thorough clinical interview, (b) an appropriate global measure of
dity/psychosocial functioning, and (c) additional specific measure(s) of behavioral style
ated by other evaluation measures or referral questions posed.
~d Reimbursement
~'.ounty Sheriff agrees to pay and TAMU agrees to accept, as full compensation, the
$2:10.00 per psychological evaluation. Payment will be based on the timely submission
~ation reports for the time period during which the referral for evaluation was made.
tion Reoorts
~rior to receiving reimbursement under this Agreement, agrees to provide Brazos
Sheriff with a copy of psychological evaluation reports generated on persons served
3is Agreement.
iai Statements for Services Rendered
/ill provide Brazos County Sheriff a financial statement by the 10th day of each month
ices rendered during the previous month. Brazos County Sheriff agrees to pay TAMU
ices by the 8th working day of the month following receipt of the financial statement.
~tract may be subject to termination with 30-days notice for lack of timely
sement.
ermination
'eement may be canceled upon 30 days written notice by either party. In the event
eement is canceled, TAMU will be paid only for the time that services were actually
ed and when required evaluation reports, are presented to Brazos County Sheriff
lree weeks of the cancellation of this Agreement.
VOL ' PAGE / ,.2
Prof
Profi
psych
Agree
currer
omiss
will nc
decisi,
poor j
compl
Addit
Stude
Brazos County Office of the Sheriff / TAMU Psychology Agreement 4 of 4
,sional Liability and Credential~
ional liability insurance provided to faculty supervisors and graduate students in clinical
logy through the Department of Psychology will cover services provided through this
~ent. TAMU agrees to provide the Brazos County Sheriff, if requested, with a copy of
professional credentials and professional liability insurance applicable to acts,
,ns, or negligence in the course of performing services under this Agreement. TAMU
be held liable for information communicated in evaluation reports that may result in a
1 to dismiss or fail to hire an applicant. TAMU will not be held liable for misconduct,
b performance, or poor judgments made by officers following an evaluation TAMU
les.
)nial Professional Zssues
and faculty supervisors appointed by TAMU agree to comply with policies established
by th( FAMU Psychology Clinic regarding code of ethics, confidentiality, and other issues
releva~ to provision of consultative clinical services. This contract in no way obligates Brazos
Court, Sheriff to rely exclusively on TAMU for the services described in this contract.
II
Rene~ mis
Pendif
reneg,
may ir
Othel
Regar,
evalu~
of eva
will be
journa
develc
authorization from both Brazos County Sheriff and TAMU, this agreement may be
:iated for a specified period beginning October 1, 2005. Renewals of this agreement
:lude an annual increase for services rendered.
Direct Costs
ng other direct costs, Brazos County Shedff will pay the amount per completed
on specified in the preceding section entitled "Fees and Reimbursement"; the number
~ations will vary over the months in which this contract is in effect. Other direct costs
Jsed by the TAMU Psychology Department for supplies, photo-reproduction, books,
;, training tapes, software, equipment, professional dues, travel expenses, educational
,ment, and other directly related costs.
VOL PAGE
RENE%
By signi
grease
agreed
I under=
through
'AL ACCEPTANCE
herewith, G&L Services agrees to renew Annual Contract for
p pumping, in accordance with all terms and conditions previously
and accepted, and with no increase in price.
~nd this agreement will be for the period beginning October 1, 2004
;eptember 30, 2005.
! ~l~thorized Signature
BRAZ( ~ COUNTY
APPRO' D:
JRan~y Sims, County Judge
Date
Date
RENE~
By signi~
for Janit,
agreed
I under.,
through
Howell
AL ACCEPTANCE
herewith, Howell Service Corp. agrees to renew Annual Contract
al Services, in accordance with all terms and conditions previously
and accepted, and with no increase in price.
~nd this agreement will be for tile period beginning October 1, 2004
eptember 30, 2005.
~ervice Corp.
Authorized Signature
Date
BRAZO~ COUNTY
APPR
Sims, County Judge
Date
RENE~
By signi
for Mail
agreed
I under.,
through
IAL ACCEPTANCE
g herewith, DeLucia Mail Service agrees to renew Annual Contract
'rocessing, in accordance with all terms and conditions previously
and accepted, and with no increase in price.
~nd-this agreement will. be for the period beginning .October: 1, 2004
;eptember 30, 2005.
Ii orized Signature
BRAZe S COUNTY
APPRO' ED:
" R. ar~y Sim~, County Judge
Date
DEPAR
DATE C
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
MENT Road and Bridqe NUMBER 5600'10
COURT MEETING: Auqust 3, 2004
ITEM: C
provide
located
Service
associa!
SOURC
PRESEt
ACTION
SUBMIT
Richard
County
CC04-0.
~sider and take action on request for 1) Wellborn Special Utility District to
,ater service to Brazos County property (equipment and material storaqe yard)
15227 Royder Road, College Station, Texas and 2) the execution of the
pplication and Aqreement. Estimated cost for service installation and
d fees is $2,179.00. Site is located in Precinct 1.
OF FUNDS: N/A
rATION:
~,EQUESTED OR ALTERNATIVES:
ED BY:
· Vance, P.~.
~gineer
~(or) Denied ~
This Re~l~e/st i.s Approved
Date: ~
R~l~dy Si/n~, County Judge
APPROVED BY:
Commissioner Eric Caldwell
Precinct 1
by Commissioners' Court
Wellborn Special Utility District
P. O. Box 250
Wellborn, Texas 77881
(979) 690-9799
FAX (979) 690-1260
Service Application and Agreement
Please
DATE May 12, 2004
NAME
BILLING ADDRESS:
FUTURE BILLING ADDRESS:
PHONE
PROOF
DRIVEF
LEGAL
- Home (979 822-2127 Work ( )
OWNERSHIP PROVIDED BY
LICENSE NUMBER OF APPLICANT
(INCLUDE NAME OF ROAD, SUBDMSION WITH LOT AND BLOCK NUMBER)
· that. certain tract or parcel of land containing 3.037 acres out of the
Davidson Leasue, A-13.
ACREA(
NEEDS OF APPLICANT:
HOUSEHOLD SIZE
NOTE:
MUST BE COMPLETED BY APPLICANT ONLY.
AGREE~NT made this day of
District, lqhereinaf~er called the District) and
the ApplZant),
,200 , between Wellborn Special Utility
R,-~o.~ co,,,,ty ,(hereinafter called
Witness,
ptircha~
water se
Director
Rules m
before
disconth
not pa~
of servic
I
domestk
Applicar
determil:
agrees tc
for servi
Indicatk
further a
in the D!
damages
Fees fort
losses in,
h.'
~e District shall sell and deliver water service to the Applicant and the Applicant shall
receive, and/or reserve service l~om the District in accordance with the "Rules governing
rice for Wellborn Special Utility District" as amended from time to time by the Board of
of the District.
te Applicant shall pay the District for service hereunder as determined by the Districts'
upon the terms and conditions set forth therein. A copy of the agreement shall be executed
vice may be provided to the Applicant. The Board of Directors shall have the authority to
te service and cancel the water service of any applicant not complying with any policy or
any utility fees or charges as required by the Districts' published rates, fees, and conditions
:his agreement is completed for the purpose of assigning utility service as a part of a rural
water system loan project contemplated with the Farmers Home Administration, and
shah pay an Indication of Interest Fee in lieu of a Application Fee for the purposes of
~g:
The number of taps to be considered in the design and
The number of potential ratepayers considered in determining the financial feasibility
of constructing
1) a new water syste~m or
2) expanding the facilities of an existing water system, the Applicant hereby
~btain, utilize, and/or reserve service as soon as it is available. Applicant, upon qualification
~ under the terms of the District's policies, shah further qualify as a Applicant and the
of Interest Fee shall then be converted by the District to an Application fee. Applicant
·ees to pay, upon becoming an Applicant the monthly charges for such service as prescribed
:rict Rules. Any breach of this agreement shall give cause for the District to liquidate, as
:he fees previously paid as an indication of interest. In addition to any Indication of Interest
ited, the District may assess a lump sum of $300.00 as liquidated damages to deft'ay any
axed by the District. If delivery of service to said location is deemed infeasible by the
District ~ a part of this project, the Applicant shall be denied an application in the district and the
Indicatio,~ of Interest Fee, less expense, shah be refunded. The applicant may re-apply for service at
a later d~e under the terms and conditions of the District's
policies.
For
the
purposes
of
this
agreeme~I,~ and Indication of Interest Fee shall be on an amount equal to the Application Fees.
.12
.~ water shall be metered by meters to be furnished and installed by the District. The meter
connecti~ ~ is for the sole use of the Applicant and is to provide service to only one (1) dwelling or
one (1) tsiness. Extension of pipe(s) to transfer utility service fi.om one property to another, to
share,
prohibite
ill, or submeter water to any other persons, dwellings, businesses, or property, etc., is
connecl
shall hm
and nec{
and upo
form th{
service 1
sdrvice
specifie,
purpose
pollutic
notice t{
The Dis
undesira
is corm,
possible
conduct
The insI
notify ti
which t
media
expense
~e District shall have the right to locate a water service meter and the pipe necessary to
~e meter on the Applicant's property at a point to be chosen by the District, and the District
access to its property and equipment located upon Applicant's premises at all reasonable
sary times for any purpose connected with or in the furtherance of its business operations,
discontinuance of service the District shall have the right to remove any of its equipment
Applicant's property. The Applicant shall install, at their own expense, any necessary
res from the District's facilities and equipment to the point of use, including any customer
olation valves, backflow prevention devices, clean-outs, and other equipment as may be
by the District. The District shall also have access to the Applicant's property for the
,f inspecting for possible cross-connections and other undesirable plumbing practices.
~e District is responsible for protecting the drinking water supply fi:om contamination or
which could result from improper plumbing practices. This service agreement serves as
each customer of the plumbing restrictions which are in place to provide this protection.
ict shall enforce these restrictions to ensure the public health and welfare. The following
le plumbing practices are prohibited by state regulations:
No direct connection between the public drinking water supply and a potential source
of contamination is permitted. Potential sources of contamination shall be isolated
from the public water system by an ah'gap or an appropriate hackflow prevention
assembly in accordance with state plumbing regulations. Additionally, all pressure
relief valves and thermal expansion devices must be in compliance with state plumbing
codes.
No cross-connection between the public drinking water supply and a private water
system is permitted. These potential threats to the public drinking water supply shall
be eliminated at the service connection by the proper installation of an airgap or a
reduced pressure-zone back~fl, ow prevention assembly and a service agreement must
exist for annual inspection and testing by a certified backflow prevention device tester.
No connection which allow condensing, cooling or industrial process water to be
returned to the public drinking water supply is permitted.
No pipe or pipe fitting which contains more than 8.0% lead may be used for the
installation or repair of plumbing on or after July 1, 1988, at any connection which
provides water for human consumption.
No solder or flux which contains more than 0.2% lead may be used for the installation
or repair of plumbing on or after July 1, 1988, at any connection which provides
water for human consumption.
ae District shall maintain a copy of this agreement as long as the Applicant and/or premises
Ied to the public water system. The Applicant shall allow his property to be inspected for
:ross-connections and other undesirable plumbing practices. These inspections shall be
by the District or its designated agent prior to initiating service and periodically thereaRer.
:tions shall be conducted during the District's normal business hours. The District shall
: Applicant in writing of any cross-connections or other undesirable plumbing practices
.ye been identified during the initial or subsequent inspection. The Applicant shall
:ly correct any undesirable plumbing practice on their premises. The Applicant shall, at his
properly install, test, and maintain any backflow prevention device required by the District.
II
CoPies ~[all testing and maintenance records shall be provided to the District as required. Failure
to cornp[~, with the terms of this service agreement shall cause the District to either terminate service
or prol~ly install, test, and maintain an appropriate backflow prevention device at the service
connectl4n. Any expenses associated with the enforcement of this agreement shall be billed to the
Applica~].
1~ execution hereof, the Applicant shall hold the district harmless from any and all claims for
d -nage$ tcaused by service interruptions due to waterline breaks by utility or like contractors,
tamperi~ by other Applicants/users of the District, normal failures of the system, or other events
"re District's
beyond ~ control.
[~ae Applicant is responsible for informing all contractors, other utility companies or anyone
who wil] ~e digging on your property, of the location of the waterline. Advance notice to our office
of such !L 5nstruction will allow us time to spot our water lines. Please call (409) 690-9799 as early
as possil e before anyone begins digging.
for the
equipm¢
or futun
charges
District.
conditio
agreem
violatior
shall res
~e Applicant shall grant to the District, now or in the future, any easements of right-of-way
rpose of installing, maintaining, and operating such pipelines, meters, valves, and any other
t which may be deemed necessary by the District to extend or improve service for existing
Applicants, on such forms as are required by the District.
execution hereof; the Applicant shall guarantee payment of all other rates, fees, and
e on any account. Said guarantee shall pledge any and all Fees against any balance due the
Liquidation of said Fees shall give rise to discontinuance of service under the terms and
of the District rules.
execution hereof; the Appliea~nt agrees that non-compliance with the terms of this
by said Applicant shall constitute denial or discontinuance of service until such time as the
is corrected to the satisfaction of the District.
ay misrepresentation of the facts by the Applicant on any of the four pages of this agreement
It in discontinuance of service pursuant to the terms and conditions of the District's Rule.
BRAZOS~~~
AP~g~LR~y--~"---- Sims, County Judge
Date
Under I
to unau
number
We mus
Federal
If you ~
CONFIDENTIALITY FORM FOR
WELLBORN SPECIAL UTILITY DISTRICT CUSTOMERS
w you can request that personal information contained in our utility records not be released
torized persons. This information consists of the customer's home address, telephone
nd social security number.
still provide this information, when requested, to certain state agencies or an agency of the
[overnment.
~h to keep this information confidemial, please sign below acknowledging the request.
BRAZO~
Signat~ ~zA~ndy~-~ims, County Judge
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NOTICE
TO HOMEOWNERS AND PLUMBERS
~TER SUPPLY CORPORATION (hereafter called utility) hereby notifies all plumbers
~owners that all water utilities in the state of Texas must comply with the rules and
as of the Texas Natural Resource Conservation Commission concerning construction and
n of and additions and modifications to private plumbing facilities.
s adopted Southern Standard Plumbing Code as the prevailing guide for plumbing
ion and modification standards, particularly regarding the prohibition of the Use of lead
fittings and the prohibition of cross-connections within the plumbing system. By
of this document, the homeowner and plumber certifies that all plumbing meets, to the
knowledge, the following conditions on the date executed below:
No direct connection between the public drinking water supply and a potential source of
contamination exists. Potential sources of contamination are isolated from the public water
system by an air-gap or an appropriate backflow prevention assembly in accordance with state
plumbing regulations. Additionally, all pressure relief valves and thermal expangion dovices are
in compliance with state plumbing codes.
No cross-connection between the public drinking water supply and a private water system or
well exists. Where an actual air gap is not maintained betw~ the public water supply and a
private water supply, an approved reduced pressure-zone backflow prevention assembly is
properly installed. A service agreement shall be maintained according to the utility's rules for
annual inspection and testing by a certified backflow prevention device tester.
No connection exists which would allow the return of water used for condensing, cooling, or
industrial processes back to the public water supply.
No pipe or pipe fittings which contains more than 8.0% lead exists in the private plumbing
facilities installed on or after July l, 1988.
No solder or flux which contains more than 0.2% lead exists in the private plumbing facilities
installed on or after July l, 1988.
No plumbing fixture is installed which is not in compliance with a state approved plumbing
code.
This
that I
that the 1
shall be
will be retained as a part of the utility's permanent files along with all plumbing
documents. By execution hereof, I certify that the foregoing is true and correct and
egally responsible for the validity of the information I have provided. I also understand
ility will inspect all private plumbing facilities and that I, the homeowner and plumber
to demonstrate compliance.
Signature
Signature
' Homeowner Date
'Plumber Date
and License No. (Please Print)
Utility: Attach this form to all plumbing inspection forms for record)
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GIVEN
RI{_~H'I' Or' WAIf 15A~/giTIEIN'I'
(General Type Easement)
2NOW ALL MEN BY THESE PRESENTS, that Brazos County
~r'called "Grantors"), in consideration of one dollar ($1.00) and other good and valuable consideration paid
3ORN SPECIAL UTILITY DISTRICT (hereinafter called "Grantee"), the receipt and sufficiency of which
icknowledged, does hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and
perpetual easement with the right to erect, construct, install and lay and thereafter use, operate, inspect,
intain, replace, and remove water distribution lines and appurtenances over and across 3.03 7 acres
~re particularly described instrument recorded in Vol 5 6 6 3 , Page 91 , Deed Records, Brazos County,
ether with the right of ingress and egress over Grantors" adjacent lands for the purpose for which the above
rights are granted. The easement hereby granted shall not exceed 15" in width, and Grantee is hereby
to designate the course of the easement herein conveyed except that when the pipe line(s) is installed, the
herein granted shall be limited to a strip of land 15' in width the center line thereof being the pipe line as
asideration recited herein shall constitute payment in full for all damages sustained by Grantors by reason
illation of the structures referred to herein and the Grantee will maintain such easement in a state of good
efficiency so that no unreasonable damages will result from its use to Grantors' premises. This Agreement
ith other provisions of this grant shall constitute a covenant running with the land for the benefit of the
s successors, and assigns. The Grantors covenant that they are the owners of the above described lands and
tnds are free and clear of all encumbrances and liens except the following:
;ement conveyed herein was obtained or improved through Federal financial assistance. This easement is
t~e provisions of Title VI of the Civil Rights Act of 1964 and the regulations issued pursuant thereto for so
', easement continues to be used for the same or similar purpose for which financial assistance was extended
~ng as the Grantee owns it, whichever is longer.
7NESS WHEREOF the said Grantors have executed this instrument this ~ day of
,200__4_.
A c o
? TEXAS, COUNTY OF BRAZOS
VIE, the~dersigned, a Notary Public in and for said County and State, on this day personally appeared
~ld-lziv~X,./ '~ {t'D~ ~ known to me to be the person(s) whose name(s) is (are)
to the foregoing ilistrument, and acknowledged to me that he (she) (they) executed the same for the purposes
.eration therein expressed.
qDER MY HAND AND SEAL OF OFFICE THIS ,~rDtday of ~-4t~3t~, 200~.
Notau"'~'~rnblic in and f~r'Sta~ df Texas
TO:
Kay Tracy
Linda Muegge
July 26, 2004
a check prepared on the following:
Wellborn Special Utility District
P. O. Box 250
Wellborn, Texas 77881
$ 100.00- Deposit
1,240.00 - Impact Fee
339.00 - Installation Fee
500.00 - Road Bore
$2,179.00 - TOTAL
Wellborn Yard - water meter fees and installation
W.O./130788
Precinct # 1
check held for pickup by Linda Muegge for delivery. Thank you.
DEPART
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CC04-08'
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
IENT Road and Bridqe
NUMBER 560010
COURT MEETING: Auqust 3, 2004
uest from OSR Water Supply Corp. to construct a road bore in the right of way
nish Trail for water line installation. Site is located in Precinct 4.
3F FUNDS: N/A
UIREMENTS:
) work will be permitted between front slope and/or back slope.
installation(s) shall be constructed in designated utility easements, if applicable. If no utility
~ent exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or
the case of a road bore, perpendicular to the right-of-way line.
clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
,nsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
tch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be
Jcted by an independent geotechnical testing firm; copies of all test results shall be furnished to
fice of the Brazos County Engineer.
)nstruction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
:es for Streets and Hiqhways, published by the Texas Department of Transportation, and all other
and Federal laws governing utility construction.
-ES/EXCEPTIONS:
ON REQUESTED OR ALTERNATIVES:
!D ¥: /'~ /1 APPROVED BY:
- , P.E. / ~--~mmis~o~r ~arey Ca~e)/
ineer Precinof 4 -- / ,
This Req :st is Approved [] / Denied [] by Commissioners' Court
Date: _~
Ra,dy S. irhs, C (~u ntyJu dge
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby giv~ that (applicant) ¢~ I,~ ~.~0 ~/
~3/?aP~.°~c~e{~ LtY~2' ~,¢~5/r~.~/w_ithin~¢.-'"~ across_ the righ{-(~f-w'ay o~f~::~
, c~( ! m Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice. --
I understand and agree that:
The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector may
inspect the actual installation. '
All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
Brazos County reserves the right to require Applicant to relocate or
lower any such line at' no cost to Brazos County, should same
become necessary due to widening or lowering, or other alteration of
the roadway or right-of-way.
4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. The line will be constructed and maintained on the County right-of-way'in
accordance with the Utility Accommodation Policy which was adopted by thc,
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24")
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7. All sites will be barricaded during the construction period.
C°nstructi°n °f this line will begin °n °r after the ~/~da~yof ~ _, 20_.~.
Title: (_ j~,,U-iLI/~_ (~
Address:.
APPROVED BY COMMISSIONERS'
COURT ON:
Randy Si.~, County Judg~
BORED COUNTY ROAD AND DRIVEWAY CROSSINGS
I
HIGH WA Y CROSSINGS
TYPICAL CREEK CROSSINGS
VOL ~ ? PAGE_ ] L/~
CREEK CRC