Loading...
HomeMy WebLinkAbout2005-01-25-9:00AM-Regular1 BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE C MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSIO ON 25 JANUARY 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURT OM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE I RV "BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Judge Sims 2. C# for citizen's input and/or concerns. take action on agenda items 3 -13: 3. Beget Amendment 04/05-15.1 thru 04/05-15.3 4. P#onnel Change of Status. 5. Paknent of Claims. 6. C cellation of the Commissioners Court regular session for 15 February 2005. 7. T1 Security Benefit Group of Companies: Updated 457 Deferred Compensation Plan doll. ment to incorporate the recent changes to IRC 457(b). 8. R pointment of the following individuals as members of the Brazos County E rgency Services District #1; effective 1/01/2005 through 12/31/2007: Lynn Elliott Jim Carroll. 9. Lee Agreement with Smetana Community Center. 10. Put~hase/Installation of insignias and lettering on 2005 Ford CVP vehicles for the Sh iff s Office (requisition 00002788). VOL. 5 PAGE aU Commissioners Court Agenda 25 January 2005 Page 2 11. Ilquest by Purchasing for approval to award Bid #2005-006, Fencing Supplies, as Lowe's: Items 1.0 and 6.0 Hurricane Fence Company: Items 2,0 thru 3.2, and items 5.1 thru 5.5 Conroe Wood Products: Items 4.1 thru 4.4 Producer's Co-op: Items listed under 7.0 12. rlL-laration of surplus property as "salvage" that was advertised for sale in accordance h Local Government Code §263.152 and received no bids, and authorization for either d truction or other disposal. 13. uest from Wickson Creek Special Utility District to construct a road bore in the right o ay of Grassbur Road approximately 1,200 feet from its intersection with Riley Road f water line installation. Site is located in Precinct 2. 14. A owledgement of the County Treasurer's Investment Report for the quarter ending 1 '31/2004. 15. Aouncement of interest items and possible future agenda topics. 16. C~jl for citizen input and/or concerns. 17. Ancy / Board / Committee reports by Court members. 18. Adi ourn The Brazos unty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive s ices must be made two business days before the meeting. To make arrangements, call (979) 361-4102. 'OL 66PAGE o9-M COMMISSIONERS' COURT REGULAR MEETING JANUARY 25, 2005 Cd A regular meeting of the Commissioners' Court of Brazos nty, Texas was held in the Brazos County Commissioners C rtroom in the Courthouse in Bryan, Brazos County, Texas, b inning at 9:00 a.m. on Tuesday, January 25, 2005 with the f lowing members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wasserman, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge oAlallegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #04/05-15.1 t ough 15.3 that would reallocate funds for the Brazos Valley N cotics Trafficking Task Force, Sheriff Administration, and J ~enile Services. On motion by Commissioner Cauley, seconded b Commissioner Peters, the Court voted unanimously to approve t budget amendment as submitted, a copy of which is attached. V L 65. PAGE o? ~O~ C issioners Court meeting January 25, 2005 2 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action R nests. On motion by Commissioner Peters, seconded by C issioner Cauley, the Court voted unanimously to a rove the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7003196 through 7003436 O motion by Commissioner Peters, seconded by C issioner Mallard, the Court voted unanimously to a rove the Claims as submitted. The Court next considered the cancellation of the C issioners Court meeting of February 15, 2005. All C issioners will be attending a conference in Austin di-ring that time. On motion by the County Judge, s onded by Commissioner Peters, the Court voted u nimously to cancel the February 15, 2005 Commissioners C rt meeting. The next matter before the Court was consideration o the Security Benefit Group of Companies updated 457 D erred Compensation Plan documents to incorporate the r ent changes to IRC 457(b). On motion by Commissioner C ley, seconded by the County Judge, the Court voted L ( 5 PAGE -Q 03 Co issioners Court meeting January 25, 2005 The next matter before the Court was the purchase ar(i installation of insignias and lettering on 2005 Ford C vehicles for the Sheriff's Office. The cost for this i $1,244.25. On motion by Commissioner Cauley, seconded b Commissioner Wasserman, the Court voted unanimously to a rove the requisition. The Court next considered awarding Bid No. 2005-006, F cing Supplies. Becky Stephens Senior Buyer, made the f lowing recommendations: Lowe's- Items 1.0 & 6.0 Hurricane Fence Company - Items 2.0 through 3.2 and Items 5.1 through 5.5 Conroe wood Products - Items 4.1 through 4.4 Producer's Co-op - Items listed under 7.0 O motion by Commissioner Peters, seconded by C issioner Cauley, the Court voted unanimously to a ept the recommendation of the Senior Buyer and award t contract as noted above. A copy of the bid t adulation is attached. The next matter before the Court was the declaration o surplus property as "salvage". On motion by C issioner Cauley, seconded by Commissioner Wasserman, t Court voted unanimously to declare surplus property a "salvage" and authorized either destruction or other disposal such as donation. A list of items is attached. L 65 PAGE a 5 4 sioners Court meeting January 25, 2005 5 The Court next considered the request from Wickson Creek Special Utility District to construct a road bore i the right-of-way of Greens Prairie Road approximately 1, 00 feet from its intersection with Riley Road for waterline installation. The site is located in Precinct 2. The County Engineer stated that all appeared to be in o der and recommended approval. On motion by C issioner Peters, seconded by Commissioner Cauley, the C rt voted unanimously to approve the request from W' kson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court acknowledged receipt and ordered filed as mitted the Treasurer's Quarter Ending report for ember 31, 2004. A copy of which is attached to and e a part of these minutes. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Said that the Conference on Urban Counties is having the regular meeting on the 9th of February. County Judge a) He and Commissioner Peters are going to Austin tomorrow to meet on the subject of MHMR and will bring back proposals from the legislature. L b5 PAGE d D 6 missioners Court meeting January 25, 2005 t Commissioner Cauley a) TAC is having a technology conference in Austin during the first week in February. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, following spoke: County Judge 6 a) he spoke in Austin before the conference for newly elected County Judges and Commissioners. Commissioner Mallard a) He went to Washington D.C. last week with one hundred (100) plus officers from Brazos County for the inauguration. He was very proud to have had the opportunity to go and serve the President of the United States. There being no further business to come before the Court, thq meeting was adjourned. L 0 PAGE Q 0 BRAZ MEETIN COUNTY COMMISSIONERS COURT ONE 200:~-AT , `ooh Name Organization/Department tom;:I TT A -4A L- ~ C~~ r- VA V0~5 uaa~ 3 following ~ The the BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-15.1 thru 04/05-15.3 I this the 250' day of January 2005 at a regular meeting of the Commissioners' Court, the embers were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct I E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk ng proceedings were held: kT WHEREAS, on 25 January 2005 the Court heard and approved a budget amendment for If 05 budget year for Brazos County, Texas. 1W i REAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen condition which could not be reasonably included in the original budget adopted 25 August 2004 the following endment(s) to the original are hereby authorized, as described on the attached page(s). A ~OPTED AND APPROVED this the 25`h day of January 2005. THE COI MISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL b5 PAGE o~ I I- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 -15.1 1/25/2005 FD DIV ACCT PROJ D ACCOUNT NAME Increase Decrease 3200 282100 1 61120000 28210500 nfidential Funds 1,7 34.42 3200 282100 65950000 28210500 hicle Maintenance 1,000.00 3200 282100 1 67342000 28210500 rniture 734.42 Brazos Valle g Narcotics Trafficking Task Adjustment t over unantici pated vehicle repairs and to roper) classify expenditures as furniture. red By: ifj Approved By: 1/19/2004 Date: j ~ v0L &5 FACE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 -15.2 1/25/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28000100 ! 67287000 CR Equipment Radios 1,600.00 0100 28000100 80203000 DR Computer Hardware 1,600.00 Sheriff - Ad nistration To reallocate nds to cover the cost of shipping char es onequipment purchased with the LEPTT Grant. The rant bu d et does not include freight charges. ifj ~APProvcd By ;1/19/2004 Date. ~fj~j BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 -15.3 1 /25/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 3100010 59100000 CR DDEA 3,325.00 0100 3100010 67342000 DR Furniture 3,325.00 Juvenile Se Aces To reallocate nds to purchase furniture for the executive director's office. o` (t~~~ " L~5P 1-Ir PERSONNEL CHANGE OF STATUS WgJf U DATE: January 25, 2005 DE RTMENT: Personnel PU OSE: Approve Personnel Chanjje of Status DEP ■TMENT NAME • EMPLOYEE NAME ■ ACTION REQUESTED RESOURCES PATTERSON, ZENA NEW HIRE ATTORNEY GORE, GLYNIS RESIGNATION S OFFICE/JAIL SIRACUSA, STEVEN RESIGNATION Appro d in Commissioners' Court: January 25, 2005 Count Judge's or Commissioner's Signature: (This py to be attached to minutes) °f~ ~5 x.15 ie Security Benefit roup of Companiessm Re: Ul Dear I As yor (EGTF goverr docun raised 24, 2004 457 Deferred Compensation Plan Document Sponsor: A nay be aware, the Economic Growth and Tax Relief Reconciliation Act of 2001 A) allowed for many favorable changes to Internal Revenue Code Section 457(b), which your employer sponsored deferred compensation plan. The Act, which requires plan its to be updated to bring all plans into compliance no later than December 31, 2004, aestions leading to further clarification, which resulted in the final IRC 457(b) regulations 2003. As a p vider for your 457 deferred compensation plan, Security Benefit is enclosing the following docu nts, which will allow you to update your current plan document originally provided by Securi Benefit. 1. ;Adoption Agreement lease complete and sign this agreement and return the original to Security Benefit in the enclosed envelope. This will allow you to adopt the updated plan document for your ariflex 457 Deferred Compensation Plan provided by Security Benefit. 2. Basic Plan Document his plan document has been updated to incorporate the recent changes to IRC 457(b). This document is intended to replace the original version provided to you when you adopted the Security Benefit Variflexsm Variable Annuity 457. Please keep this document or your records. Security Benefit will administer the program pursuant to the new plan V ocument unless notified by the Plan Sponsor that an alternative plan document is to be dhered to. If you 3408. questions, please do not hesitate to call me directly at 1-800-888-2461, extension 1. Wells - Public Sector Markets Benefit Group VOL W NIGH iP,& 0 urity Benefit Place • Topeka, Kansas 66636-0001 • 785-438-3000 • www.securitybenefit.com . T7- VARIFLEX 457 PLAN RESTATEMENT CURITY BENEFIT VARIFLEXsm VARIABLE ANNUITY ADOPTION AGREEMENT FOR GOVERNMENTAL 457 DEFERRED COMPENSATION PLAN AND TRUST The ET&yer, a 14overnmental Entity, establishes a 457 Deferred Compensation Plan and Trust under the Security Benefit Variflex Vanab Annuity, under this Adoption Agreement and the accompanying Basic Plan Document. EMPLOYER ANO PLAN INFORMATION: Name Business Address: 1] a-0 e-. 10-7 City, State, Zip: I ~iLl n . 'j s7 77 50:3 EIN/Plan Year: Contact/Phone: C 9 7 ct~ a w- 411- / Lir C i me- wrj o s Plan Effective Dat l ~J le2c Name of Plan: Employer Type: ❑ Public School District (K-12) ❑ Public Hospital PERMITTED: E~ Political Unit (Village, City, County, State, etc.) ❑ Other (Specify Type) L'1 E 11 ive Deferrals pursuant to a Salary Reduction Agreement. ❑ tehing Contributions (Specify Formula): ❑ ployer Contributions (Specify Formula): PLAN EXECUTION By execution of document, the Employer verifies that it is eligible Governmental Entity and hereby establishes a 457 Deferred Compensation Plan d Trust under this Adoption Agreement and Basic Plan Document. EMPLOYER f' BY: - 1 12sl ~s' Print Name: Date Title: ACCEPT CE BY TRUSTEE (To be comuleted by Security Benefit - not anulicable to annuity contracts.) UMB Bank, n.a., eby accepts appointment as Trustee under this 457 Deferred Compensation Plan and Trust. BY: Auth ed Representative Date HL ~v5 PAGE oZ~ BENEFIT VARIFLEXSM VARIABLE ANNUITY BASIC PLAN DOCUMENT FOR GOVERNMENTAL 457 DEFERRED COMPENSATION PLAN AND TRUST ~y, (Q~ Oj 19 12/2004 1.09 "Em oyer" means each State governmental entity which a pts this Plan by executing an Adoption Agreement. 1.10 "Inclu actual wages in the Employer, 1 such higher n 401(a)(17) of C maximum) by F section 125, 13, (including an e14 II. ible Compensation" means an Employee's )x 1 of Form W-2 for a year for services to t subject to a maximum of $200,000 (or ~ximum as may apply under section Code) and increased (up to the dollar y compensation reduction election under t), 401(k), 403(b), or 457(b) of the Code tion to defer Compensation under Article 1.11 "Inde dent Contractor" means any individual who performs rvice for the Employer and who the Employer does of treat as an Employee or a leased employee. If d he provides contributions for any Independent C actors under the Plan, references to Employee in the an will include Independent Contractors. 1.12 "Norr designated by the age 65 or the ag retire and receive purchase pensic retirement benef: because of retire: (b) not later than qualified police §415(b)(2)(Hxii)l between age 40 aj 1.13 "Parti currently or who 1 the Plan and who entire benefit and services for the I where specified Contractor, may rE 1 Retirement Age" means any age Participant: (a) on or after the earlier of at which the Participant has the right to der any basic defined benefit or money plan of the Employer, immediate without actuarial or similar reduction nt before some later specified age, and ge 70 %z. Any Plan Participant who is a r firefighter as described in Code may designate a normal retirement age age 70 %i. ant" means an individual who is previously received contributions under s not received a distribution of his or her the Plan. Only individuals who perform Toyer as a common law Employee or, by the Employer, as an Independent ive contributions under the Plan. 1.14 "Plan" eans the 457 Deferred Compensation Plan established o ontinued by the Employer in the form of an Adoption Agre ent and this Plan and Trust Agreement. The Employer wi designate the name of the Plan in its Adoption Agreem t. The Plan maintained by each adopting Employer is a s to Plan, independent from the plan of any other employ adopting this or a similar 457 Plan. All section references 'thin the Plan are Plan section references unless the context arly indicates otherwise. 1.15 "Plan At Employer designat Plan Administratc designate another 1 duties assigned t Agreement. 11 'nistrator" is the Employer unless the another person to hold the position of r The Employer may alternatively i rson or organization to perform certain the Plan Administrator under this 1.16 "Plan Ye " means the 12 month fiscal year of the Plan, which is the lendar year unless otherwise specified in the Employer's option Agreement. 1.17 "Salary Reduction Agreement" means an enrollment form or other written agreement between the Employee and the Employer, by which the Employer reduces the Employee's Compensation for Compensation not available as of the date of the election and contributes the amount as an Elective Deferral to the Employee's Account. 1.18 "SDI" means Security Distributors, Inc., which has provided this sample plan document and which receives contributions made under the plan for the purchase of trust account or annuity contract investment products it distributes and makes available under the Plan. SDI is a member of the Security Benefit Group of Companies. 1.19 "Service" means any period of time the Employee is in the employ of the Employer. In the case of an independent contractor, Service means any period of time the independent contractor performs services for the Employer on an independent contractor basis. A common law employee terminates Service (other than by death) when he/she has a Severance from Employment or has retired. An independent contractor terminates Service (other than by death) when his contract(s) with the Employer, under which he/she performs services, expires, unless the Employer anticipates a renewal of the contractual relationship. The Employer anticipates renewal if it intends to contract for the services provided under the expired contract and neither the Employer nor the independent contractor has eliminated the independent contractor as a potential provider of such services under the new contract. Furthermore, the Employer anticipates renewal if the Employer intends to contract with the independent contractor under a new contract conditioned on the Employer's need for the services provided under the expired contract or the Employer's availability of funds. Notwithstanding the preceding provisions of this Section 1.19, the Plan Administrator will consider an independent contractor terminated from Service on the date twelve months after his contract for services expires, provided the independent contractor has not performed services for the Employer as an independent contractor nor as a common law employee within such twelve-month period. 1.20 "Severance from Employment" means the date that the Employee dies, retires, or otherwise has a severance from employment with the Employer, as determined by the Plan Administrator (and taking into account guidance issued under the Code). 1.21 "State" means a State (treating the District of Columbia as a State as provided under §7701(a)(10)), a political subdivision of a State, and any agency or instrumentality of a State. 1.22 "Trust" means the Trust created under Article VIII of this Plan. The Trust created and established under the adopting Employer's Plan is a separate Trust, independent of the trust of any other Employer adopting this 457 Deferred Compensation Plan. Where the context of a specific provision of this Plan requires (other than Article VIII), any separate trust, custodial agreement, or annuity contract is considered the Trust for that provision. All Contribution Sour s It L1 L f 2 PAGE `10-0 12/2004 1.23 "Tr JAgreement" means a written agreement (or declaration de by and between the Employer and the Trustee under ch the Trust Fund is maintained, including the provisions Article VIII below. 1.24 "Tru t person or pers Adoption Agre writing accepts t of a specific Article VIII), custodian and company that i the Trustee e" means UMB Bank, n.a., or such other who as Trustee execute the Employer's lent, or any successor in office who in e position of Trustee. Where the context vision of this Plan requires (other than trustee under a separate trust agreement, a custodial agreement, or insurance tes annuity contracts shall be considered 1.25 "Trus Fund" means the trust fund created under and subject to rust Agreement. 1.26 "Valu 'on Date" means the last day of the Plan Year and such er times as the assets of the Plan may be valued. The Pl Administrator will allocate Employer contributions an( orfeitures for a particular participant as of the Valuation D next following the date of remittance to the Trust, at leas nce each Plan Year on the last Valuation Date of that Planlm. ARTICLE II P TICIPATION IN PLAN 2.01 CONTRIBUTIO Adoption Agree participate in the Deferrals immedi this Plan or upon LIGIBILITY FOR DEFERRAL . Unless otherwise provided in an nt, each Employee becomes eligible to lan for the purpose of making Elective t ely upon the later of the Effective Date of e date he/she becomes an Employee. 2.02 ELECT. N REQUIRED FOR PARTICIPATION. An Employee y elect to become a Participant by executing an el on to defer a portion of his or her Compensation (a have that amount contributed as an Elective Deferral n his or her behalf) and filing a Salary Reduction Agree nt with the Plan Administrator. This Salary Reduction greement form shall be provided by the Plan Administrat and shall require the Employee to agree to be bound by all - he terms and conditions of the Plan. The Plan Administrat may establish a minimum deferral amount, and may c lange such minimums from time to time. The Salary Red on Agreement (or a separate form obtained at that e) shall also include designation of investment funds a designation of Beneficiary. Any such election shall re in effect until a new election is filed. 2.03 COMMI Employee shall administratively pr files a participatioi election shall beco month following th new Employee m calendar month du CEMENT OF PARTICIPATION. An le come a Participant as soon as icable following the date the Employee lection pursuant to Section 2.02. Such effective no earlier than the calendar onth in which the election is made. A defer compensation payable in the g which the Participant first becomes an Employee if an agreement providing for the deferral is entered into on or before the fast day on which the Participant performs services for the Employer. 2.02 ELIGIBILITY FOR MATCHING AND NON- ELECTIVE CONTRIBUTIONS. If Matching Contributions or Non-Elective Contributions may be made to the Plan, as elected in the Adoption Agreement, the Employer shall determine, in it's discretion, which Employees shall be eligible to receive such contributions. This determination may be made by classification, by establishing service and/or age requirements consistent with the requirements of the Code, if any, under the terms of individual employment agreements or collective bargaining agreements, or by the Employer individually selecting employees as eligible to receive allocations of Matching Contributions or Non- Elective Contributions. Eligibility conditions may be attached to the Adoption Agreement as an addendum thereto. 2.5 CONTRIBUTIONS MADE PROMPTLY. Elective Deferrals by the Participant under the Plan shall be transferred to the Trust Fund within a period that is not longer than is reasonable for the proper administration of the Participant's Account. For this purpose, Elective Deferrals shall be treated as contributed within a period that is not longer than is reasonable for the proper administration if the contribution is made to the Trust Fund within 15 business days following the end of the month in which the amount would otherwise have been paid to the Participant. 2.6 AMENDMENT TO SALARY REDUCTION AGREEMENT. Subject to other provisions of the Plan, a Participant may at any time revise his or her Salary Reduction Agreement, including a change of the amount of his or her Elective Deferrals, his or her investment direction and his or her designated Beneficiary. Unless the election specifies a later effective date, a change in the amount of the Elective Deferrals shall take effect as of the first day of the next following month or as soon as administratively practicable if later. A change in the investment direction shall take effect as of the date provided by the Plan Administrator on a uniform basis for all Employees. A change in the Beneficiary designation shall take effect when the election is accepted by the Plan Administrator. 2.7 LEAVE OF ABSENCE. Unless an election is otherwise revised, if a Participant is absent from work by leave of absence, Elective Deferrals under the Plan shall continue to the extent that Compensation continues. 2.8 DISABILITY. A disabled Participant may elect Elective Deferrals during any portion of the period of his or her disability to the extent that he or she has actual Compensation (not imputed Compensation and not disability benefits) from which to make contributions to the Plan and has not had a Severance from Employment. ARTICLE III CONTRIBUTIONS/LIMITATIONS ON CONTRIBUTIONS All Contribution Souz C1 s r L a~ ~ ~ PAGE 12/2004 3.01 CON will contribute amount deters formula(s) ele Agreement. T types of contrib RIBUTION FORMULAS. The Employer the Plan on behalf of each Participant the ed by application of the contribution ed by the Employer in its Adoption formulas may provide for the following ions: Deferral ntributions. If Deferral Contributions are elected, Employer will contribute for each Participant a amount, if any, by which the Participant has elected reduce his/her Compensation for the Plan Year under 's/her Salary Reduction Agreement on file with the Ph- r Administrator. A Participant may make an election to fer Compensation for a month only if the Participant beginning o es an agreement to defer before the such month. Employer atching Contributions. If Matching Contributio are elected, the Employer will contribute for each P 'cipant it determines to be eligible for Matching C tributions the amounts determined under the formula Matching specified in the Adoption Agreement. tributions shall be fully vested when made and al ated to a Participant's Account. r•mpioyer n-Elective Contributions. If Employer Non-Electiv ' ntributions are elected, the Employer shall contrib to the Trust such an amount or amounts as it de s, in its sole discretion, to be allocated to those Emplo es it determines to be eligible for such contributions If no contribution allocation formula is specified in a Adoption Agreement, Non-Elective Contribution,, hall be allocated in accordance with an allocation sc dule determined in its sole discretion by the Employe Non-elective Contributions shall be fully vested when de and allocated to a Participant's Account. 3.02 BA; LIMITATION. T Deferred Compen: shall not exceed Amount or (ii) the the calendar year. amount establishe applicable as set fc For the following years: 2002 ANNUAL CONTRIBUTION r the Plan for any calendar year La7rticcipannt's um amount of a Participant's of (i) the Applicable Dollar Includible Compensation for e Applicable Dollar Amount is the l under section 457(e)(15) of the Code below: The Applicable Dollar Amount is: 000 t::, 10000, LVV4 __113.000. 2005 14 000 2006 or thereafter $15,000 Adjusted for cost-of- living after 2006 to the extent provided under section 415(d) of the Code. 3.03 AGE 50 CATCH-UP DEFERRED COMPENSATION C'MONTRIBUTIONS. A Participant who will attain age 50 0 more by the end of the calendar year is permitted to elect an additional amount of Deferred Compensation, up to the maximum age 50 catch-up Deferred Compensation for the year. The maximum dollar amount of the age 50 catch-up Deferred Compensation for a year is as follows: For the following years: The maximum age 50 catch- u dollar amount is: 2002 $1 1,000 2003 $2,000 2004 13,000 2005 -4,000 2006 or thereafter $5,000, adjusted for cost-of- living after 2006 to the extent provided under the Code. 3.04 SPECIAL SECTION 457 CATCH-UP LIMITATION. If the applicable year is one of a Participant's last 3 calendar years ending before the year in which the Participant attains Normal Retirement Age and the amount determined under this Section 3.04 exceeds the amount computed under Sections 3.02 and 3.03, then the Deferred Compensation limit under this Article III shall be the lesser of (a) An amount equal to 2 times the Section 3.02 Applicable Dollar Amount for such year; or (b) The sum of: (1) An amount equal to (A) the aggregate Section 3.02 limit for the current year plus each prior calendar year beginning after December 31, 2001 during which the Participant was an Employee under the Plan, minus (B) the aggregate amount of Compensation that the Participant deferred under the Plan during such years, plus (2) An amount equal to (A) the aggregate limit referred to in section 457(b)(2) of the Code for each prior calendar year beginning after December 31, 1978 and before January 1, 2002 during which the Participant was an Employee (determined without regard to Sections 3.03 and 3.04), minus (B) the aggregate contributions to Pre-2002 Coordination Plans for such years. However, in no event can the deferred amount be more than the Participant's Compensation for the year. Note: This limitation is required because the Model Amendment is limited to elective contributions. Note : Generally, for purposes of the special §457 catch-up definition in Section 3.3, a plan must specify the normal retirement age under the plan. A plan may define normal retirement age as any age that is on or after the earlier of age 65 or the age at which participants have the right to retire and receive, under the basic defined benefit pension plan of the employer (or a money purchase pension plan in which the participant also participates if the participant is not eligible to participate in a defined benefit plan), immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age, and that is not later than age 70 1/2 . Alternatively, a plan may provide that a participant is allowed to designate a normal All Contribution Sour V 0(. F ~ ^ E 9 ~ a _ _ . ` _ 12/2004 individual retire nt account described in section 408(a) of the Code, an ' ividual retirement annuity described in section 408(b) the Code, a qualified trust described in section 401(a) the Code, an annuity plan described in section 403(a) 403(b) of the Code, or an eligible governmental pl described in section 457(b) of the Code, that accepts the ible rollover distribution. (c) The PI shall establish and maintain for the Participant a s ate account for any eligible rollover distribution paid o the Plan from any eligible retirement plan that is not eligible governmental plan under section 457(b) of the Co . In addition, the Plan shall establish and maintain for th Participant a separate account for any eligible rollover 'stribution paid to the Plan from any eligible retireme plan that is an eligible governmental plan under section 45 ) of the Code. ARTICLE IV I WE AND METHOD OF P. k NT OF BENEFITS 4.01 DIS UTIONS AT RETIREMENT OR OTHER SEVE CE FROM EMPLOYMENT. Upon retirement or oth Severance from Employment (other than due to death), Participant is entitled to receive a distribution of or her Account under any form of distribution perm; d under Section 4.03 commencing at the date elected and Section 4.02. If a Participant does not elect otherwise, distribution shall be paid as soon as practicable follo g Normal Retirement Age or, if later, following retire t or other Severance from Employment and payment shall be made in monthly installments of the minimum annual payments described in paragraph (b) of Section 4.03. 4.02 ELECT N OF BENEFIT COMMENCEMENT DATE. A Partici t may elect to commence distribution of benefits at any after retirement or other Severance from Employment by election filed before the date on which benefits are to mmence. However, in no event may distribution of efits commence later than the date described in Secti 4.08. 4.03 FORMS commence benefil to a distribution c receive payment distribution: (a) a lump (b) annual in Participant's deal equal to a fractic the distribution j Table at section Regulations for birthday for that 70, the distributio years that the Pa )F DISTRIBUTION. In an election to under Section 4.02, a Participant entitled benefits under this Article may elect to in any of the following forms of of the total Account or llment payments through the year of the the amount payable each year at least )f the Account equal to one divided by iod set forth in the Uniform Lifetime 401(a)(9)-9, A-2, of the Income Tax Participant's age on the Participant's r. If the Participant's age is less than age eriod is at least 27.4 plus the number of ;ipant's age is less than age 70. At the Participant's election, this annual payment can be made in monthly, quarterly, semi-annual or annual installments. The Account for this calculation (other than the final installment payment) is the balance of the Account as of the end of the year prior to the year for which the distribution is being calculated. Payments shall commence on the date elected under Section 4.02. For any year, the Participant can elect distribution of a greater amount (not to exceed the amount of the remaining Account) in lieu of the amount calculated using this formula. 4.04 DEATH BENEFIT DISTRIBUTIONS. Commencing in the calendar year following the calendar year of the Participant's death, the Participant's Account shall be paid to the Beneficiary in a lump sum Alternatively, if the Beneficiary with respect to the Participant's Account is a natural person, at the Beneficiary's election, distribution can be made in annual installments (calculated in a manner that is similar to installments under Section 4.03) with the distribution period determined under this paragraph. If the Beneficiary is the Participant's surviving spouse, the distribution period is equal to the Beneficiary's life expectancy using the single life table in section 1.401(a)(9)-9, A-1, of the Income Tax Regulations for the spouse's age on the spouse's birthday for that year. If the Beneficiary is not the Participant's surviving spouse, the distribution period is the Beneficiary's life expectancy determined in the year following the year of the Participant's death using the single life table in section 1.401(a)(9)-9, A- 1, of the Income Tax Regulations for the Beneficiary's age on the Beneficiary's birthday for that year, reduced by one for each year that has elapsed after that year. For any year, a Beneficiary can elect distribution of a greater amount (not to exceed the amount of the remaining Account) in lieu of the amount calculated using this formula. 4.05 ACCOUNTS OF $5,000 OR LESS. Notwithstanding Sections 4.02, 4.03 and 4.04, if the balance of a Participant's Account is not in excess of $5,000 (or the dollar limit under section-411(a)(11) of the Code, if greater) on the date that payments commence under Section 4.03 or on the date of the Participant's death, then payment shall be made to the Participant (or to the Beneficiary if the Participant is deceased) in a lump sum equal to all the Participant's Account as soon as practicable following the Participant's retirement, death, or other Severance from Employment. 4.06 AMOUNT OF ACCOUNT. Except as provided in Section 4.03, the amount of any payment under this Article IV shall be based on the balance of the Account on the preceding Valuation Date. 4.07 REVOCATION OF PRIOR ELECTION. Any election made under this Article IV may be revoked at any time. 4.08 LATEST DISTRIBUTION DATE. In no event shall any distribution under this Article IV begin later than All Contribution Sou es r 6 12/2004 the later of (a) pril 1 of the year following the calendar year in which th Participant attains age 70 1/2 or (b) April 1 of the year follo g the year in which the Participant retires or otherwise s a Severance from Employment. If distributions co ence in the calendar year following the later of the cale year in which the Participant attains age 70 1/2 or the c ndar year in which the Severance from Employment o s, the distribution on the date that distribution co ences must be equal to the annual installment pa nt for the year that the Participant has a Severance from mployment determined under paragraph (b) of Section 3 and an amount equal to the annual installment paypi nt for the year after Severance from Employment detiiii 'ned under paragraph (b) of Section 4.03 must also be p before the end of the calendar year of commencement. 4.09 IN- RVICE DISTRIBUTIONS FROM ROLLOVER A OUNT. If a Participant has a separate account attribute to rollover contributions to the plan, the Participant may any time elect to receive a distribution of all or any portio f the amount held in the rollover account. 4.10 00 (a) Distribu . If the Participant has an unforeseeable emergency befo retirement or other Severance from Employment, tharticipant may elect to receive a lump sum distribution ual to the amount requested or, if less, the maximum amo t determined by the Plan Administrator to be permitted to b 'stributed under this Section 4.10. (b) Unforesei emergency is del Participant result Participant, the dependent (as c Participant's prop rebuild a home f covered by homy natural disaster); the Participant's t 152(a) of the C unforeseeable cir beyond the cont imminent foreclo primary residen emergency. In expenses, includi for the cost of pri an unforeseeab] specifically prov purchase of a hon unforeseeable ems ble emergency defined. An unforeseeable ed as a severe financial hardship of the g from: an illness or accident of the cipant's spouse, or the Participant's fined in section 152(a)); loss of the due to casualty (including the need to er's insurance, e.g., as a result of a Etances ing damage to a home not otherwise eed to pay for the funeral expenses of e or dependent (as defined in section or other similar extraordinary and arising as a result of events 1 of the Participant. For example, the e of or eviction from the Participant's may constitute an unforeseeable dition, the need to pay for medical t non-refundable deductibles, as well as e cription drug medication, may constitute emergency. Except as otherwise ed in this Section 4.10, neither the nor the payment of college tuition is an gLaencv. insurance or otherwise, by liquidation of the Participant's assets, to the extent the liquidation of such assets would not itself cause severe financial hardship, or by cessation of deferrals under the plan. (d) Distribution necessary to satisfy emergency need. Distributions because of an unforeseeable emergency may not exceed the amount reasonably necessary to satisfy the emergency need (which may include any amounts necessary to pay any federal, state, or local income taxes or penalties reasonably anticipated to result from the distribution). 4.11 MANDATORY DISTRIBUTIONS FOR CERTAIN ACCOUNTS OF $5,000 OR LESS. At the direction of the Plan Administrator, a Participant's total Account shall be paid in a lump sum as soon as practical following the direction if (a) the total Account does not exceed $5,000 (or the dollar limit under section 411(a)(11) of the Code, if greater), (b) the Participant has not previously received a distribution of the total amount payable to the Participant under this Section 5.11 and (c) no Deferred Compensation has been contributed for the Participant during the two-year period ending immediately before the date of the distribution. 4.12 ROLLOVER DISTRIBUTIONS. (a) A Participant or the surviving spouse of a Participant (or a Participant's former spouse who is the alternate payee under a domestic relations order, as defined in section 414(p) of the Code) who is entitled to an eligible rollover distribution may elect, at the time and in the manner prescribed by the Plan Administrator, to have all or any portion of the distribution paid directly to an eligible retirement plan specified by the Participant in a direct rollover. (b) For purposes of this Section 4.12, an eligible rollover distribution means any distribution of all or any portion of a Participant's Account, except that an eligible rollover distribution does not include (a) any installment payment under Section 4.03 for a period of 10 years or more (b) any distribution made under Section 4.10 as a result of an unforeseeable emergency, or (c) for any other distribution, the portion, if any, of the distribution that is a required minimum distribution under section 401(a)(9). In addition, an eligible retirement plan means an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, a qualified trust described in section 401(a) of the Code, an annuity plan described in section 403(a) or 403(b) of the Code, or an eligible governmental plan described in section 457(b) of the Code, that accepts the eligible rollover distribution. ARTICLE V (c) Unforese ble emergency distribution standard. A PLAN ADMINISTRATOR - DUTIES WITH RESPECT distribution on account of unforeseeable emergency may not TO PARTICIPANTS' ACCOUNTS be made to the cAtent that such emergency is or may be relieved through reimbursement or compensation from All Contribution So es , 6S7 12/2004 SECURITY BENEFIT VARIFLEXSM VARIABLE ANNUITY BASIC PLAN DOCUMENT FOR GOVERNMENTAL 457 DEFERRED COMPENSATION PLAN AND TRUST The Employ named on an Adoption Agreement for this 457 Defer d Compensation Plan and Trust, by executing the A ption Agreement, establishes a 457 Plan intended to conf to and qualify under Code §457 of the Internal Revenue ode of 1986, for a Governmental Entity described in Co §457(e)(1)(A). If the Employer adopts this Plan as a stated Plan in substitution for, and in amendment of, existing plan, the provisions of this Plan, as a restated PI apply solely to an Employee whose employment wi the Employer terminates on or after the restated Effelthtli'onof ate of the Employer's Plan. If an Employee's eent with the Employer terminates prior to the restated ve Date, that Employee is entitled to benefits under as the Plan existed on the date of the Employee's to employment. This docun determines the agreement estat under Code §4 VIII below, to consent of SDI held by one or 1 trust agreement contracts issue company, prow annuity contract 401(f) and 4 event of a confli VIII) and such provisions of thi 1.01 "Acct maintained with the value of th Participant, in contributed for 1 Fund (net of Fun transfers for the made to the Part Participant has n Participant's deg maintained for e account establi contributions ai Participant, the a Participant's deal for an alternate r Code). t consists of this document, which ovisions of the Plan and includes an 1' shing a Trust intended to be qualified 5I (g) under the provisions of Article the assets of the Plan. With the Plan assets may also (or instead) be re different trustees under a separate or in the form of one or more annuity by a duly qualified insurance ed that any such separate trust or lso satisfies the requirements of Code (g), and provided further that in the between this Plan (other than Article parate trust or annuity contract, the s Plan shall control. ARTICLE I DEFINITIONS t" means the bookkeeping account opect to each Participant which reflects leferred Compensation credited to the ding all Deferred Compensation Participant, the earnings or loss of the Kpenses) allocable to the Participant, any rticipant's benefit, and any distribution pant or the Participant's Beneficiary. If a : than one Beneficiary at the time of the then a separate Account shall be Beneficiary. The Account includes any d under Section 6 for rollover plan-to-plan transfers made for a unt established for a Beneficiary after a and any account or accounts established :e (as defined in section 414(p)(8) of the 1.02 "Beneficiary" means the designated person who is entitled to receive benefits under the Plan after the death of a Participant. 1.03 "Code" means the Internal Revenue Code of 1986, as now in effect or as hereafter amended. All citations to sections of the Code are to such sections as they may from time to time be amended or renumbered. 1.04 "Compensation" means all cash compensation for services to the Employer, including salary, wages, fees, commissions, bonuses, and overtime pay, that is includible in the Employee's gross income for the calendar year, plus amounts that would be cash compensation for services to the Employer includible in the Employee's gross income for the calendar year but for a compensation reduction election under section 125, 132(f), 401(k), 403(b), or 457(b) of the Code (including an election to defer compensation under Article II. The Plan Administrator will take into account only Compensation actually paid for the relevant period. A Compensation payment includes Compensation paid by the Employer through another person under the common paymaster provisions in Code §§3121 and 3306. 1.05 "Deferred Compensation" means the total amount of all contributions made to the Plan on behalf of the Participant for a Plan Year, including Elective Deferrals and, if permitted, Matching Contributions and Employer Contributions. 1.06 "Effective Date" of this Plan is the date specified in the Employer's Adoption Agreement. However, the Plan applies to the applicable Plan provision any delayed effective date permitted by the Code, by Treasury regulation, or by other guidance published in the Internal Revenue Bulletin. 1.07 "Elective Deferrals" are salary reduction contributions and cash or deferred contributions the Employer contributes to the Trust on behalf of an eligible Employee, irrespective of whether, in the case of cash or deferred contributions, the contribution is at the election of the Employee. 1.08 "Employee" means each natural person, whether appointed or elected, who is employed and designated by the Employer as a common law employee, excluding any employee who is included in a unit of employees covered by a collective bargaining agreement that does not specifically provide for participation in the Plan. The Plan excludes leased employees (Code §414(n)). All Contribution Sources 1 If 12/2004 5.01 PLAN Plan Administra person to holy Alternatively, th more persons or of the Plan Adm Participant in th< a Committee to , duties. The Plat Committee will the Employer wi: and Committee. DMINISTRATOR. The Employer is the unless the Employer designates another k the position of Plan Administrator. ~ Plan Administrator may designate one or ganizations to perform some of the duties 'strator. The Plan Administrator may be a lan. The Plan Administrator may appoint ist in carrying out his responsibilities and i Administrator and the members of the e without compensation for services, but 1 ay all expenses of the Plan Administrator 5.02 TERMe Plan Administrator will serve until his successor is am ted. 5.03 POWE. In case of a vacancy in the position of the Plan Adminit tor, the Employer will exercise any and all of the power authority, duties and discretion conferred upon the Plan Ndministrator pending the filling of the vacancy. 5.04 GENE L. The Plan Administrator will have the following power d duties: (a) To sect a Committee to assist the Plan (b) To sele a Secretary for the Committee, who need not be a m ber of the Committee: (c) To d rmine the rights of eligibility of an Employee participate in the Plan and the value of a Participant Account; (d) To a t rules of procedure and regulations necessary the proper and efficient administration of the Plan ovided the rules are not inconsistent with the terms o his Prototype Plan; (e) To co a and enforce the terms of the Plan and the rules d regulations it adopts, including interpretati of the Plan documents and documents related to 'Plan's operation; (f) To t the distribution of a Participant's Account; (g) To revi and render decisions respecting a claim for (or deni of a claim for) a benefit under the Plan; (h) To h the Employer with information which the Employ may require for tax or other purposes; (i) To esta 'sh a policy in making distributions for unforeseen 1 emergencies; (j) To enga the services of any person to invest any Account r this Plan and to direct such person to make paym t to a Participant of his Account; The Plan Administrator must exercise all of its powers, duties and discretion under the Plan in a uniform and nondiscriminatory manner. The Plan Administrator shall have total and complete discretion to interpret and construe the Plan and to determine all questions arising in the administration, interpretation and application of the Plan. Any determination the Plan Administrator makes under the Plan is final and binding upon any affected person. 5.05 PLAN LOANS. A Participant who is an Employee may apply for and receive a loan from his or her Account as provided in this Section 5.05. The Plan Administrator will establish procedures for the extension of Plan Loans, which shall incorporate the following limitations and restrictions: (a) Any such loan may not be for an amount less than the minimum amount specified by the Administrator. If not specified by the Administrator, the minimum loan amount shall be $1,000. (b) No loan to a Participant hereunder may exceed the lesser of (1) $50,000, reduced by the greater of (i) the outstanding balance on any loan from the Plan to the Participant on the date the loan is made or (ii) the highest outstanding balance on loans from the Plan to the Participant during the one-year period ending on the day before the date the loan is approved by the Administrator (not taking into account any payments made during such one-year period), or (2) one half of the value of the Participant's vested Account (as of the Valuation Date immediately preceding the date on which such loan is approved by the Administrator). For purposes of this Section 5.05, any loan from any other plan maintained by a participating employer shall be treated as if it were a loan made from the Plan, and the Participant's vested interest under any such other plan shall be considered a vested interest under this Plan; provided, however, that the provisions of this paragraph shall not be applied so as to allow the amount of a loan under this Section 5.05 to exceed the amount that would otherwise be permitted in the absence of this paragraph. (c) The terms of the loan shall: (1) require level amortization with payments not less frequently than quarterly throughout the repayment period, except that alternative arrangements for repayment may apply in the event that the borrower is on an bona fide unpaid leave of absence for a period not to exceed one year for leaves other than a qualified military leave within the meaning of section 414(u) of the Code or for the duration of a leave which is due to qualified military service; (k) To con*V with the reporting and disclosure rules, (2) require that the loan be repaid within five years if any, appl ble to the Plan; and unless the Participant certifies in writing to the (1) To est ish, in its sole discretion, a policy (see Administrator that the loan is to be used to acquire any Section 5.0 A)) which the Trustee must observe in dwelling unit which within a reasonable time is to be used making loai s, if any, to Participants and Beneficiaries. (determined at the time the loan is made) as a principal residence of the Participant; and All Contribution So es 22 lr 12/2004 ~~rz:v,nM TT (3) pr( percentage poiu nationally recol Administrator tb business day of the Administratc ide for interest at a rate equal to one above the prime rate as published in a ized newspaper designated by the Plan publishes the prime rate daily on the first e month in which the loan is approved by (d) Any to to a Participant under the Plan shall be secured by the ledge of the portion of the Participant's interest in the Pl invested in such loan. (e) In the e payment under quarter after the a default on the 1 (i) all remaining due and payable portion of the security for the 1 Severance fron Administrator r. necessary or app loan, with the cc be charged to the (f) Notwiths the contrary, in t the date of a Pare or her Beneficial the Plan investe Beneficiaries as 1 Plan to be de applicable provis r nt that a Participant fails to make a loan is Section 4 by the end of the calendar lendar quarter in which payment was due, in shall occur. In the event of such default, ayments on the loan shall be immediately ii) the Plan Administrator shall apply the cipanfs interest in the Plan held as in satisfaction of the loan on the date of Employment. In addition, the Plan y take any legal action it considers r priate to enforce collection of the unpaid of any legal proceeding or collection to ccount of the Participant. Piling anything elsewhere in the Plan to i event a loan is outstanding hereunder on i ipanfs death, his or her estate shall be his as to the portion of his or her interest in in such loan (with the Beneficiary or the remainder of his or her interest in the *mined in accordance with otherwise ns of the Plan). (g) The Part x ipant shall be required, as a condition to receiving a loan, to enter into an irrevocable agreement authorizing the loyer to make payroll deductions from his or her Co ation as long as the Participant is an Employee and to fer such payroll deduction amounts to the Trustee in ayment of such loan plus interest. Alternatively, the Employer may require the Participant to authorize loan pa ents by electronic fund transfers (EFTs), or make other a gements for the automated payment of loan installments due. A Participant may prepay the entire outstan din ance of his loan at any time, but may not make a nartia jhLen enavment_ 5.06 AUTH ZED REPRESENTATIVE. The Plan Administrator m authorize any one of the members of the Committee, if an or the Committee's Secretary, to sign on its behalf any n( t ces, directions, applications, certificates, consents, approv , waivers, letters or other documents. 5.07 IND DUAL ACCOUNTS. The Plan Administrator wi maintain a separate Account in the name of each Particip to reflect the value of the Participant's Deferred Comp sation under the Plan. The Plan Administrator wi maintain records of its activities. 5.08 VALU OF PARTICIPANT'S ACCOUNT. The value of each .cipant's Account will consist of his accumulated De rred Compensation, as adjusted for earnings (or losses) pursuant to this Section 5.08, including any transfers accepted by the Plan pursuant to Section 7.04. All Participant Accounts shall be treated for contribution and income allocation purposes as segregated investment Accounts. A segregated investment Account receives all income it earns and bears all expense or loss it incurs. The Plan Administrator will adopt procedures for determining income or loss of a segregated investment Account in a manner which reasonably reflects investment directions occurring after the last Valuation Date. 5.09 ACCOUNT CHARGED The Plan Administrator will charge all distributions made to a Participant or to his Beneficiary, or transferred under Section 7.04 from his Account, against the Account of the Participant when made. 5.10 PARTICIPANT DIRECTION OF INVESTMENT. Subject to the consent of the Plan Administrator, a Participant will have the right to direct the investment or re- investment of the assets comprising the Participant's Account. The Plan Administrator will account separately for the Participant-directed Accounts in segregated investment Accounts. The Participant's right to direct investment does not give the Participant any vested interest or secured or preferred position with respect to assets over which he/she has investment responsibility. If a Participant fails to exercise the right to direct investment of his Accounts, the Accounts shall be invested (along with any suspense accounts in the Plan) in a "safe" investment fund designated by the Employer. 5.11 LIABILITY. The Employer will not be liable to pay benefits to a Participant under Article IV in excess of the value of the Participant's Account and neither the Employer nor the Plan Administrator will be liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this Plan. ARTICLE VI PARTICIPANT ADMINISTRATIVE PROVISIONS 6.01 BENEFICIARY DESIGNATION. A Participant from time to time may designate, in writing, any person(s) (including a trust or other entity), contingently or successively, to whom the Trustee will pay the Participant's Account (including any life insurance proceeds payable to the Participant's Account) in the event of death. A Participant also may designate the form and method of payment of his/her Account. The Plan Administrator will prescribe the form for the Participant's written designation of Beneficiary and, upon the Participant's filing the form with the Plan Administrator, the form effectively revokes all designations filed prior to that date by the same Participant. A divorce decree, or a decree of legal separation, revokes the Participant's designation, if any, of his/her spouse as his/her Beneficiary under the Plan unless the decree or a QDRO provides otherwise. The foregoing revocation provision applies only with respect to a Participant whose divorce or legal separation becomes effective on or following the date the Employer executes this Plan. All Contribution Sokces 2 / 12/2004 6.02 NO Participant fails Section 6.01, or predeceases hi Participant's re IV in the follow' ENEFICIARY DESIGNATION. If a t name a Beneficiary in accordance with the Beneficiary named by a participant en the Plan Administrator will pay the g Account in accordance with Article t order of priority, to: (a) The cipant's surviving spouse; or (b) The cipantis estate. If the B prior to distribut Trustee will pay estate unless: (1 provides otherw designated a ben a beneficiary for Beneficiary's de designated a sL Beneficiary's de: terms. The Plan the method and under this Sectioi 6.03 MODI AGREEMENT. Reduction Agree Compensation n future salary red Reduction Agrc effective no earli commencing a$c Reduction Agree Agreement, it wi filed prior to that may restrict the Reduction Aeree: 6.04 INF( PARTICIPANT. should provide 1 initial enrolhneni information ne4 Administrator to limitation, whetb other eligible plat 6.05 ADI Participant and must file with t-1 writing, his post address. Any col to a Participant, 4 filed with the Pla of the Employer, purposes of this 1 ficiary survives the Participant, but dies of the Participant's entire Account, the remaining Account to the Beneficiary's ie Participant's Beneficiary designation (2) or the Beneficiary has properly dary. A Beneficiary only may designate Participant's Account remaining at the if the Participant has not previously :ssive contingent beneficiary and the cation otherwise complies with the Plan ministrator will direct the Trustee as to whom the Trustee will make payment Participant may modify his/her Salary lent to change the amount of Deferred yet earned (including the reduction of tions to zero) by executing a new Salary nent. Any amendment will become than the beginning of the calendar month the date he/she executes the new Salary ent. Upon filing a new Salary Reduction revoke all Salary Reduction Agreements ate. The Employer or Plan Administrator 'articipant's right to modify his Salary ;nt in any taxable year. ;ach Employee enrolling in the Plan the Plan Administrator at the time of and later if there are any changes, any ssary or advisable for the Plan tdminister the plan, including, without the Employee is a participant in any order Code section 457(6). S FOR NOTIFICATION. Each Beneficiary of a deceased Participant in Administrator from time to time, in address and any change of post office iication, statement or notice addressed neficiary, at his last post office address ministrator, or as shown on the records s the Participant, or Beneficiary, for all ARTICLE VII TERMINATION, TRANSFERS 7.01 AMENDMENT BY EMPLOYER. The Employer has the right at any time and from time to time: (a) To amend this Plan and Trust Agreement in any manner it deems necessary or advisable in order to continue the status of this Plan as a Code §457 Plan; and (b) To amend this Plan and Trust Agreement in any other manner. The Employer must make all amendments in writing. Each amendment must state the date to which it is either retroactively or prospectively effective. The Employer also may not make any amendment which affects the rights, duties or responsibilities of the Trustee or the Plan Administrator without the written consent of the affected Trustee or the Plan Administrator. 7.02 AMENDMENT BY SDI. SDI may amend this Plan at any time by written instrument to continue the qualification of this Plan as a 457 Deferred Compensation Plan, or to facilitate the administrative operation of the Plan. Upon such amendment, SDI shall promptly notify the Employer of the Amendment in writing. 7.03 TERMINATION. The Employer has the right, at any time, to terminate this Plan. Upon termination of the Plan, the provisions of the Plan (other than provisions permitting continued deferrals) remain operative until distribution of all Accounts. 7.04 PLAN-TO-PLAN TRANSFERS TO THE PLAN. At the direction of the Employer, the Plan Administrator may permit a class of Participants who are participants in another eligible governmental plan under section 457(b) of the Code to transfer assets to the Plan as provided in this Section 7.04. Such a transfer is permitted only if the other plan provides for the direct transfer of each Participant's interest therein to the Plan. The Plan Administrator may require in its sole discretion that the transfer be in cash or other property acceptable to the Plan Administrator. The Plan Administrator may require such documentation from the other plan as it deems necessary to effectuate the transfer in accordance with section 457(e)(10) of the Code and section 1.457-10(b) of the Income Tax Regulations and to confirm that the other plan is an eligible governmental plan as defined in section 1.457-2(f) of the Income Tax Regulations. The amount so transferred shall be credited to the Participant's Account and shall be held, accounted for, administered and otherwise treated in the same manner as Deferred Compensation contributed for the Participant under the Plan, except that the transferred amount shall not be considered Deferred Compensation under the Plan in determining the maximum deferral under Article III. 7.05 PLAN-TO-PLAN TRANSFERS FROM THE PLAN. (a) At the direction of the Employer, the Plan Administrator may permit a class of Participants and Beneficiaries to elect to have all or any portion of their Account transferred to another eligible governmental plan within the meaning of section 457(b) of the Code and section 1.457-2(f) of the Income Tax Regulations. A transfer All Contribution Sot ces V L PP 12/2004 f ~,9 n - . w _ . , is permitted and this Section 7.05(a) for a Participant only if the Particip has had a Severance from Employment with the Emplo r and is an employee of the entity that maintains the o r eligible governmental plan. Further, a transfer is perm ed under this Section 7.05(a) only if the other eligible go mmental plan provides for the acceptance of plan-to-plan fers with respect to the Participants and Beneficiaries an for each Participant and Beneficiary to have an amount eferred under the other plan immediately after the transfer least equal to the amount transferred. (b) Upon transfer of assets under this Section 7.05, the Plan's liabil to pay benefits to the Participant or Beneficiary and this Plan shall be discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Plan Administrator may require such documentation in the receiving plan as it deems appropriate or n essary to comply with this Section 7.05 (for example, to nfirm that the receiving plan is an eligible governmental pl under paragraph (a) of this Section 7.05, and to assure t the transfer is permitted under the receiving plan) to effectuate the transfer pursuant to section 1.457-10 of the Income Tax Regulations. 7.06 RMISSIVE SERVICE CREDIT TRANSFERS. (a) If a cipant is also a participant in a tax- qualified define enefit governmental plan (as defined in section 414(d) o e Code) that provides for the acceptance of plan-to-plan tr fers with respect to the Participant, then the Participant y elect to have any portion of the Participant's Ac unt transferred to the defined benefit governmental pl A transfer under this Section 7.06(a) may be made b re the Participant has had a Severance from Employme (b) A trans may be made under Section 7.06(a) only if the transfer is her for the purchase of permissive service credit (as defined a section 415(n)(3)(A) of the Code) under the receiving d uied benefit governmental plan or a i repayment to w section 415 of the Code does not apply by reason of sec 415(k)(3) of the Code. ARTICLE VIII TRUST +VISIONS FOR GOVERNMENTAL 457 PLAN 8.01 ACC ANNUITIES. Th this Plan and Tr obligations impo hereunder. The consent of SDI c assets for the P contracts to prov: such other trusts satisfy the applic 457(g). The Empl contributions or custodial account Plan. The respon: insurers shall not be governed by All Contribution TANCE OTHER TRUSTS OR Trustee accepts the Trust created under t and agrees to perform the duties and s d by this agreement for assets held mployer may also establish with the er trusts or custodial accounts to hold 1; n or enter into one or more annuity benefits under the Plan, provided that , custody accounts or annuity contracts le requirements of Code 401(f) and er may specify rules for the division of ansfer of Plan assets between trusts, s and contracts it authorizes under this ilities of the other trustees, custodians or governed by this Article VIII, but shall e other agreements, and the Trustee hereunder shall have no responsibility therefore. Any other trustee, custodian or insurer shall have no responsibility for the actions of the Trustee hereunder. 8.02 RECEIPT OF CONTRIBUTIONS. The Trustee is accountable to the Employer for the funds contributed to it by the Employer or the Plan Administrator, but the Trustee does not have any duty to see that the contributions received comply with the provisions of the Plan. 8.03 FULL INVESTMENT POWERS. The Trustee has full discretion and authority with regard to the investment of the Trust, except with respect to a Trust asset under Participant direction of investment, in accordance with Section 8.10. The Trustee is authorized and empowered, but not by way of limitation, with the following powers, rights and duties: (a) To invest any part or all of the Trust in any common or preferred stocks, open-end or closed-end mutual funds, put and call options traded on a national exchange, United States retirement plan bonds, corporate bonds, debentures, convertible debentures, commercial paper, U. S. Treasury bills, U. S. Treasury notes and other direct or indirect obligations of the United States Government or its agencies, improved or unimproved real estate situated in the United States, limited partnerships, insurance contracts of any type, mortgages, notes or other property of any kind, real or personal, and to buy or sell options on common stock on a nationally recognized options exchange with or without holding the underlying common stock, as a prudent man would do under like circumstances. Any investment made or retained by the Trustee in good faith will be proper but must be of a kind constituting a diversification considered by law suitable for trust investments; (b) To retain in cash so much of the Trust as it may deem advisable to satisfy liquidity needs of the Plan and to deposit any cash held in the Trust in a bank account at reasonable interest; (c) To invest, if the Trustee is a bank or similar financial institution supervised by the United States or by a State, in any type of deposit of the Trustee (or a bank related to the Trustee within the meaning of Code §414(6)) at a reasonable rate of interest or in a common trust fund as described in Code §584, or in a collective investment fund, the provisions of which the Trust incorporates by this reference, which the Trustee (or its affiliate, as defined in Code §1504) maintains exclusively for the collective investment of money contributed by the bank (or its affiliate) in its capacity as trustee and which conforms to the rules of the Comptroller of the Currency; (d) To manage, sell, contract to sell, grant options to purchase, convey, exchange, transfer, abandon, improve, repair, insure, lease for any term even though commencing in the future or extending beyond the term of the Trust, and otherwise deal with all property, real or personal, in such manner, for such considerations and on such terms and conditions as the Trustee will decide; (e) To credit and distribute the Trust as directed by the Plan Administrator of the Plan. The Plan Administrator 12/2004 TT may direct the T or directly to a P The Trustee will payee or distrib the distribution i as to the manner Trustee will be for any payment the order or dire( (f) To extend mortgage (g) To claims and dema (h) To hi of an individual to participate in, liquidations, and conversion rights tee to distribute to the Plan Administrator cipant or to a Beneficiary under the Plan. of be obliged to inquire as to whether any t e is entitled to any payment or whether s proper or within the terms of the Plan, or f making any payment or distribution. The t countable only to the Plan Administrator or distribution made by it in good faith on on of the Plan Administrator; rrow money, to assume indebtedness, i and encumber by mortgage or pledge; mpromise, contest, arbitrate or abandon Is, in its discretion; r ,e with respect to the Trust all of the rights 1 er, including the power to give proxies, y voting trusts, mergers, consolidations or o exercise or sell stock subscriptions or (i) To le a for oil, gas and other mineral purposes and to create ral severances by grant or reservation; to pool or unitize ' rest in oil, gas and other minerals; and to enter into opera agreements and to execute division and transfer orders; 6) To h any securities or other property in the name of the T ee or its nominee, with depositories or agent depositori or in another form as it may deem best, with or without d losing the trust relationship; (k) To p orm any and all other acts in its judgment necessary or ap priate for the proper and advantageous management, inv tment and distribution of the Trust; (1) To re in any funds or property subject to any dispute without ility for the payment of interest, and to decline to make ent or delivery of the funds or property until final adjud tion is made by a court of competent jurisdiction; (m) To fi all tax returns required of the Trustee; (n) To Administrator an condition of th disbursements ani during the Plan stating the assets Year, which aco including the Em as to any act or b or the Plan Adn exceptions or obj the accounts; and (o) To necessary in coi except that the so unless indem nish to the Employer and the Plan riodic statement of account showing the Trust and all investments, receipts, ther transactions effected by the Trustee :ar covered by the statement and also ' the Trust held at the end of the Plan its will be conclusive on all persons, yer and the Plan Administrator, except saction concerning which the Employer istrator files with the Trustee written ions within 90 days after the receipt of i, maintain or defend any litigation )n with the administration of the Trust, e will not be obliged or required to do to its satisfaction. 8.04 RECORDS AND STATEMENTS. The records of the Trustee pertaining to the Trust will be open to the inspection of the Plan Administrator and the Employer at all reasonable times and may be audited from time to time by any person or persons as the Employer or Plan Administrator may specify in writing. The Trustee will furnish the Plan Administrator with whatever information relating to the Trust the Plan Administrator considers necessary. 8.05 FEES AND EXPENSES FROM FUND. The Trustee will receive reasonable annual compensation in accordance with its fee schedule as published from time to time. The Trustee will pay all fees and expenses reasonably incurred by it in its administration of the Trust unless the Employer pays the fees and expenses. 8.06 PROFESSIONAL AGENTS. The Trustee may employ and pay from the Trust reasonable compensation to agents, attorneys, accountants and other persons to advise the Trustee as in its opinion may be necessary. The Trustee may delegate to any agent, attorney, accountant or other person selected by it any non-Trustee power or duty vested in it by the Trust, and the Trustee may act or refrain from acting on the advice or opinion of any agent, attorney, accountant or other person so selected. The Trustee has employed SDI and it's affiliate, Security Financial Resources, Inc., as agents hereunder to perform certain non- discretionary services for the Trust and the Trustee. 8.07 DISTRIBUTION OF CASH OR PROPERTY. The Trustee may make distribution under the Plan in cash or property, or partly in each, at its fair market value as determined by the Trustee. 8.08 REVOCATION. The Employer may revoke this Trust at any time by giving the Trustee 30 days' written notice in advance. 8.09 VALUATION OF TRUST. The Trustee will value the Trust as of the last day of each Plan Year to determine the fair market value of the Trust assets, and the Trustee will value the Trust on such other date(s) as directed by the Plan Administrator. 8. 10 PARTICIPANT DIRECTION OF INVESTMENT. Participants in the Plan may direct the investment of all their Accounts in the Trust. The Trustee agrees to accept investment direction delivered to SDI in any manner SDI will accept from time to time under rules it may establish. 8.11 PARTIES TO LITIGATION. Only the Trustee will be a necessary party to any court proceeding involving the Trustee or the Trust. Any final judgment entered in any proceeding will be conclusive upon the Trustee. If the Trustee undertakes or defends any litigation arising in connection with Trust, the Employer agrees to indemnify Trustee against Trustee's costs, expenses and liabilities (including, without limitation, attorneys' fees and expenses) relating thereto and to be primarily liable for such payments. If the Employer does not pay such costs, expenses and liabilities in a reasonably timely manner, Trustee may obtain payment from the Trust. All Contribution So-I-Les P IF" y 12/2004 8.12 THIR Trustee will be any money paic inquire whether terms of the Tru act upon any nc the Trustee, or will not be liat The certificate i with the Trust relying on the cE PARTY. No person dealing with the bliged to see to the proper application of or property delivered to the Trustee, or to e Trustee has acted pursuant to any of the s . Each person dealing with the Trustee may ce, request or representation in writing by the Trustee's duly authorized agent, and l to any person whomsoever in so doing. the Trustee that it is acting in accordance 11 be conclusive in favor of any person -ficate. 8.13 SUCC SOR TRUSTEE. Any corporation which succeeds to the st business of the Trustee, or results from any merger or c solidation to which the Trustee is a party, or is the transfe a of substantially all the Trustee's assets, will be the suc sor to the Trustee under this Trust. The successor Trust will possess all rights, duties and powers under this Trust if the successor Trustee were the original Trustee. Neither he Trustee nor the successor Trustee need provide notice any interested person of any transaction resulting in a su essor Trustee. The successor Trustee need not file or exe any additional instrument or perform any additional act to come successor Trustee. 8.14 RESIG TION AND REMOVAL OF TRUSTEE. The Employer o DI may remove any acting Trustee of this Trust upon 60 0 written notice and appoint a successor Trustee. The T tee may resign upon providing 60 days' written notice to a Employer and SDI. 8.15 INTE TATION OF TRUST PROVISIONS. The Trustee 1 decide all matters of construction, interpretation a application of this Article VIII and the decision of the Trustee will control, be binding and conclusive. 8.16 WVA any clause or pr adjudged to be . invalid clause o provisions of thi provisions will r ITY OF ANY TRUST PROVISION. If % ision of this Article VIII proves to be or is i alid or void for any reason, such void or rovision will not affect any of the other i Article VIII and the balance of the Trust ipain operative. 8.17 VOTD [6 OF SECURITIES. On behalf of the Trustee, SDI sha 1 vote proxies for any securities held in the Trust which are of voted by the Trustee in any manner which SDI deter Ines, in its discretion. Although SDI may solicit voting ' ctions from the Participants, SDI may issue or refuse tc sue proxies as it deems appropriate, even if instructions a received from the Participants, without such determina considered to be a fiduciary act or conducted in a uciary capacity. SDI may further vote proxies as "pres " at any meeting of shareholders for the purpose of establ ing a quorum, and to register such shares as voted, while staining or directing abstention on all or any issues on wh shares may be voted at such meeting. 8.18 TRUS --EXCLUSIVE BENEFIT RULE. All amounts of eferred Compensation, all property and rights purchase with such amounts, and all income attributable to su amounts, property, or rights shall be held and invested in Trust Fund in accordance with this Plan and the Trust A ement. The Trust Fund, (and any other trust or annuity c tract established under the Plan) shall be established pursuant to a written agreement that constitutes a valid trust (or annuity contract). The Trustee shall ensure that all investments, amounts, property, and rights held under the Trust Fund are held for the exclusive benefit of Participants and their Beneficiaries. The Trust Fund shall be held in trust pursuant to the Trust Agreement for the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. It shall be impossible, prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, for any part of the assets and income of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive benefit of Participants and their Beneficiaries. ARTICLE IX MISCELLANEOUS 9.01 NON-ASSIGNABILITY. Except as provided in Section 9.02 and 9.03, the interests of each Participant or Beneficiary under the Plan are not subject to the claims of the Participant's or Beneficiary's creditors; and neither the Participant nor any Beneficiary shall have any right to sell, assign, transfer, or otherwise convey the right to receive any payments hereunder or any interest under the Plan, which payments and interest are expressly declared to be non- assignable and non-transferable. 9.02 DOMESTIC RELATION ORDERS. Notwithstanding Section 9.01, if a judgment, decree or order (including approval of a property settlement agreement) that relates to the provision of child support, alimony payments, or the marital property rights of a spouse or former spouse, child, or other dependent of a Participant is made pursuant to the domestic relations law of any State ("domestic relations order"), then the amount of the Participant's Account shall be paid in the manner and to the person or persons so directed in the domestic relations order. Such payment shall be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan. The Plan Administrator shall establish reasonable procedures for determining the status of any such decree or order and for effectuating distribution pursuant to the domestic relations order. 9.03 IRS LEVY. Notwithstanding Section 9.0 1, the Plan Administrator may pay from a Participant's or Beneficiary's Account the amount that the Plan Administrator finds is lawfully demanded under a levy issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. 9.04 MISTAKEN CONTRIBUTIONS. If any contribution (or any portion of a contribution) is made to the Plan by a good faith mistake of fact, then within one year after the payment of the contribution, and upon receipt in good order of a proper request approved by the Plan Administrator, the amount of the mistaken contribution (adjusted for any income or loss in value, if any, allocable thereto) shall be returned directly to the Participant or, to the All Contribution Sakes 12/2004 I' /i F 6 ~'j° Y / extent required the Employer. 9.05 receive any bet be legally incal such benefits, benefits will Administrator Participant or considered a pa shall, to the ext any liability for permitted by the Plan Administrator, to i. If a Participant or Beneficiary entitled to is hereunder is a minor or is adjudged to e of giving valid receipt and discharge for is deemed so by the Plan Administrator, paid to such person as the Plan y designate for the benefit of such beneficiary. Such payments shall be ent to such Participant or Beneficiary and made, be deemed a complete discharge of ;h payments under the Plan. 9.06 PROC URE WHEN DISTRIBUTEE CANNOT BE LOCATED. The Plan Administrator shall make all reasonable atte s to determine the identity and address of a Participant o a Participant's Beneficiary entitled to benefits under Plan. For this purpose, a reasonable attempt means ( e mailing by certified mail of a notice to the last known a ess shown on the Employer's or the Plan Administrator's ords, (b) notification sent to the Social Security A ation or the Pension Benefit Guaranty Corporation (un their program to identify payees under retirement plans) d (c) the payee has not responded within 6 months. If the an Administrator is unable to locate such a person entitled _ enefits hereunder, or if there has been no claim made r such benefits, the Trust Fund shall continue to hold benefits due such person. 9.07 EFFle ON OTHER PLANS. This Plan does not affect benefitder any other retirement, pension, or benefit plan stem established for the benefit of the Employer's E yees, and participation under this Plan does not affecefits receivable under any such plan or system, except extent provided in such plan or system 9.08 WORD SAGE. Words used in the masculine will apply to the fe ' e where applicable, and wherever the context of the P dictates, the plural will be read as the singular and the s gular as the plural. 9.09 STAT LAW. The laws of the state of the Employer's prin al place of business will determine all questions arising with respect to the provisions of this Prototype Plan, a ept to the extent Federal law supersedes State law. 9.10 EMPL( contained in this the Plan, or in th of any benefit, gii any Beneficiary a or equitable right Employer, or its except as express] r ENT NOT GUARANTEED. Nothing ?.an, or any modification or amendment to s creation of any Account, or the payment 't s any Employee, Employee-Participant or right to continue employment, any legal ainst the Employer, or Employee of the i ents, or against the Plan Administrator, provided by the Plan. 9.11 NO E DESIGNATION ELECTION CONSENT AND RIVER. All notices under the Plan and all Participant Beneficiary designations, elections, consents or waiv must be in writing and made in a form the Plan Administrator specifies or otherwise approves. To the extent permitted by Treasury regulations or other applicable guidance, any Plan notice, election, consent or waiver may be transmitted electronically. Any person entitled to notice under the Plan may waive the notice or shorten the notice period except as otherwise required by the Code. All Contribution So ces VOL (Al PAGE ZiZ 12/2004 Sieger[ Water Wells, Inc. 4411 Burt Rd. ♦ Bryan, Texas 77807 Phone(979)822-1844 ♦ Fax(979)822-6107 October 119L 2004 Brazos C my Engineer Mr. Richa Vance 2617 H 1 West Bryan, Te s 77803 Dear Mr. 'yonce, I would lik Communi is used by Elections meetings, the use of I have allc have beer decision c Sincerely, 0. Sieg Siegert W to make a request to the county. I would like the county to smooth the parking lot for Smetana Services and maintain it 2 to 3 times a year. This property is owned by me, J. O. Siegert and he community for various public functions. It has been used for County, State & Federal Aing place. It is used for National Night Out, RVOS meetings, Smetana Community Services metana Cemetary Association meetings and many others. This property is used strictly for ie community. ,ed the county to park their equipment on my business property for the last 20-25 years. I )lad to do this for the county. I would like for the county to consider this when they make their this request. Wells, +rWq x.5 , t. L 5 ~0, ~ LEASE COUTF "Less ) JIS LEASE is made and entered into this 25th day of January, 2005, by and SMETANA COMMUNITY CENTER, (herein "Lessor"), and BRAZOS Y, TEXAS acting through its duly elected Commissioners Court, (herein , the Lessor owns property on Smetana Road; and WHEREAS, the Lessee desires to secure some property for the short term storage of hea equipment; and HEREAS, the Lessor is not interested in leasing the property for its monetary value, ut has a need to have some work performed on the Property; and WHEREAS, the Lessee has the ability to perform such work. 14OW THEREFORE KNOW ALL MEN BY THESE PRESENTS that for and in the co eration of the mutual benefits herein expressed the parties agree to a Lease on the fol wing terms and conditions: LEASE TERMS A. B. That certain tract or parcel of land being one (1) acre situated in the JOHN WILLIAMS LEAGUE, Brazos County, Texas, of land out of the Northeast Corner of a tract of land formerly owned by Jacob Sramek, by deed dated July 16, 1982 and filed of record in Volume 528, Page 118 of the Deed Records of Brazos County, Texas being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. his Lease shall commence on January 25, 2005 and end on September 30, 2005. he term of this Lease may be extended on the termination date hereof for zccessive one-year terms. Such renewal shall be on the same terms and )nditions stated herein. Such renewal shall be accomplished by Lessee idressing a letter to the Lessor prior to the termination date hereof, requesting a -newal of the Lease. C.I USE ['he Premises shall be used by Lessee to park and store heavy equipment used in is road repair and maintenance operation. a. T~ D.I F. G H I. J. Lessee shall pay no rent in exchange for which it shall perform such dirt ng work necessary to the Premises and maintain the condition of the roads as E. I or and Lessee shall procure such insurance as each deems necessary in their discretion to protect their interests in the leasehold estate, at their sole cost. DRESSES 11 notices to either Lessor or Lessee shall be addressed as follows: o Lessor: Smetana Community Center J.O. Siegert 4411 Burt Rd. Bryan, Texas 77807 o Lessee: Brazos County, Texas Judge Randy Sims 300 E. 26`h Street, Suite 114 Bryan, Texas 77803 SECURITY DEPOSIT No security deposit shall be required. TAXES Lessor shall pay and be liable for all ad valorem taxes and personalty property taxes assessed against the Premises. DEFAULT If Lessee fails to perform the work it has agreed to undertake pursuant to paragraph "D" above, the Lessor's sole remedy shall be to terminate this lease on three (3) days written notice to the Lessee. WARRANTY Lessee makes no warranty, express or implied, as to the quality of workmanship, quality of materials used for improvements on the Premises or fitness for a particular purpose relative to the work it has agreed to perform on the Premises pursuant to Paragraph "D" above. ro 5 .235 K.1 L. ATI ther party may terminate this lease at any time upon three (3) days written essor, its successors and assigns shall hold Lessee harmless, defend (with :)unsel satisfactory to Lessee) and indemnify Lessee, its agents, employees, fficers and elected officials, against any losses, claims, causes of action, abilities, costs and expenses for claims arising out of the transportation to, the se of, or the deposit upon the Premises of hazardous materials s that term is efined by current federal law or such other substances, materials or wastes which re or become regulated under federal or state law. WITNESS WHEREOF, the parties hereto have executed, or have caused to be ecuted, this Lease in duplicate the day and year first above written. BRAZOS COUNTY, TEXAS By: Judge andy Sims SMETANA COMMUNITY CENTER 4 Aep.,W by the State Bar of Toxai for use by I-= y Bed t-#-74- o ' N O To M. the proper /array /ill In blank spaces, strike apt /onn pro►l~t As p C WM i e YontBhtes the practice of low. No arandwd Joan" eae . ~ WARRANTY DEED (LONG FOR>K:) _ THE STATE OF S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF B OS- g That I, CURTI ;CAPPS, herein dealing with my separate property _ of the County of t BRAZOS and State of TEXAS for and in consideration of the of TEN AND N01100 -----------------------($10.00) --DOLLARS and other valuable tion'to'the undersigned".paid by-the grantee herein named, the receipt ofwhich is here r . Af~~ED ' L --O cloc - U L 2 0, 1982 3KJE ~ : } 233127 , elran, rte ry t j i subject to reservation hereinafter set out, have GRANTED, SO AND. CONVEYED, and by these presents do GRANT, SELL AND CONVEY/unto JAMES 0. SIE RT whose address is Rt..5, Box-128, Bryan, Texas 77801 i of the County of Brazos and State.of -Texas , all of the following descri real property in Brazos County, Texas, to-wit: Being all that ertain tract or parcel of land lying and being situated in ` the JOHN WILLI S LEAGUE in Brazos County, Texas, :same being:.one (1) acre I of land out o he Northeast corner of a tract of land.formerly owned by j Jacob Sramek;.. BEGINNING at. take set in the South boundary line.of the Bryan and Mosely Ferry Road wh' is the Northwest corner of a tract of land owned.by the Estate of Ear Evans, deceased, and the'Northeast.corner of a tract of land owned by cob Sramek ofvhich this # a part; ~ R RCont inued*" PAGEl l YOB _3S w A l$3iE ~23 7 TO HAVE AN 0 HOLD the above described premises, together with all and singular the rights and appurtenances theet anywise belonging, unto the said grantee his heirs and assigns forever; and I do here bind myself, my heirs, executors and administrators to WARRANT AND FOREVER DE I ND all and singular the said premises unto. the. said grantee his heirs and assigns, again every person whomsoever lawfully claiming or to claim the same. or any part thereoL 1 j. SAVE AND EXCEP and there is hereby reserved unto Grantor, his heirs an assigns, a iundivided one-half' *(1/2) royalty, into est. in and to all of the oil, ga and other minerals in and under and that may be produced a from the above escribed property: It is understood and agreed that Grantor, his h rs and assigns, shall not participate is the making of any oil, gas o ;mineral lease covering said propertyi:nor shall they participate in y bonus or bonuses which may be paid for any such lease., nor shall they articipate-in any rental or. shut-in. gas well royalty to., be paid under ity such lease. EXECUTED t 16th day of July A. D. 19 82 t. . ZURTIS-MRS 1 x (Acknowledgment) l THE STATE OF TEXAS .COUNTY OF ROBER ON . Before me, the unders authority, on this day personally appeared CURTIS.CAPPS i known to me to be the n.......... rrhose name ...is... subscribed to the toresoin` instrument, and ackno*lcd`ed to me that..:. ....he .t.t,.tc the same for the purposes and consideration therein expressed. City" Vad ady3 ha r seal o[ office on this the .16th das. of . July A.D. 19 82 s' otary indUKKK Robert County,Texas: O~ • 2 p My expiry M~xGh Z 3 ,191. pAGE A ELY , y0 oMn*d or camped tame of'no!nr) . VOL -7 n ~iF//o t~p A \ ~J a1 z) c~ i CD Co"~ I `AIL- T'© ;4>Q v- -r-a u s P.,J T stil 'elh4- v 4y 1. i TI L-- ~s ,~~p~~srr~;r✓~ Ot (o PACE a2'C~ /X/ CA N A A A W A N i.. A ~ p W IV 41 W ~ p N O K , co v o, rn m --a D - co N y CO) N O m n C x K C ► 00 ' O CA O r cn 3 r N, W ~ C, p m is 7C G AA" O C W 7 o c Z pr N 0 -0 gy m ' 0-0 Cl) CD 0-0 D N N A lu # N n ili A 0 ~ A n C? 0 4k n n C o p O ik C7 -0 o ~ ff ° ~ <o n # n C C7 a C7 n 0 a° ~ m n ° ° _ 0 ai n . V1 N m N N O O - O O O O O O O O O O p O p O O CD CD CD m m CD S S S 7' S S S S N N n m Z W Z to CA ss► ts► Z Z Z O Z 0 W o CA o o° 66 W W W W Z o 0 " Q W Z < c D E C) m ° CO) ~y as sn A A W A ' m z z ~ PO y 0 p 0 A 4Ln N CA I1 C O co 0 0 O p G O O n'... C C m" O r N p j o6 O o Z I ' . Z Z + C) 0 W 0 0.... _ W T W w :-4 00 CO Z W Z W Z W Z_ W C n q cn z W Z 00 Z W Z W 4 M Z W z z w N 4^ w" VIA P. r 0, Q, ~ W W c' A G to 00 m Cl) c7 Z Z N EA V Z N V N y W Z Z Z Z O m m CD p O Cl) N GO W CO W Cu T C n L1 G m l (..Q6 (SE ail " p m 0 * o ti O rn un o W c H C = O e.n A p -1 O to a D D m c= m :E 0 Q r z 2p m a O A) W n v D O D H s n o. cn y m > O coo m 0 0 o v C?41-NoG) a!ANc? C ) c c c D z a H n a cccc°-' cccc °i Ct)~ oo - ~ „ -2 a) o r 3 • ' C m v+ v v •v ' n cG'i, n °O- a n °o- # ~ co c C D = v = = = °O = = Cn m o <o m m c7 n • p _ CD M CD CD CD CD M~ °D_ ° -I (A a) Co cn IV C ~ A d y + Im y •0 a C C .a ~ A <D (D CD (D d 'a C •G a m y p 3 3 3 3 m c m o 0 0 y N N V1 C p o O o O CD 1~ a - CL CD CD (D O O p co fu 0) cmi r► 3• 1-0 3 y 0 y c f Q c 3 =r S 1 -9 o p ? W K m c A IV r _ m m 3 C7 O CD C 0 d c _ zzzz z z z z z z z z O Q m c W W W W W W W W W W a) W D' tip Z m m v c y 3 n o d (A z m N 5 a ~ A O CA O O = m 7 v c CO) .tea 0 EA f q EA A E A f9 T C71 A N G 4Ln 4h. C4 C n poo p C71 40 -4 O V" CO t /i w N _ 4 m Z 0 a C7f •y' N O O O O 0 0 0 O O Lnn O _ m c = 0 ~ 4 . N A .a D c°i, z m y " r+ -10 ;o r* to zzzz zzzz z z z Z O m 3 m W 0o w W W w ao W o0 00 00 0o c 0 ~ m ; cn 0 O CL 3 w 3 Z o oar ZZZZ zzzz N Z Z Z r * o W Woo ao 0o ao 00 00 rn o0 0o ao m , W ~ = a Cl) q a CD N C7 7 O A4A1&9 - Ul CND -4 O O CD 00 -4 00 tD -I CD Z Z Z Z m -1 -1 L" Ln 4 O Ln O GA 0 0 0 W W W to Ln O O m REQUEST FOR SALVAGE DESIGNATION 1. B wer Fan Non Working 2. C ier and Calculator unknown 3. Desk Fair 4. E Tables Fair 5. Arm Side Chairs (2) Fair 6. R Chair (1) Fair 7. G y Chairs (3) Fair This propy was offered to Brazos County departments with no response, then advertised at public au on with no bids received. APPROVED: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE O ITEM: for Water RT MEETING: January 25, 2005 of Grass Creek istrict to construct a its #l3 with SOURCE] PF FUNDS: N/A WIREMENTS: No work will be permitted between front slope and/or back slope. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of- way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. " If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. N ES/EXCEPTIONS: AC ION REQUESTED SUBJQIT D BY: Richard F County EI 0005-OOE This Req Date: /ance, P.E. ineer APP VED BY: Commissioner E. Duane Peters Precinct 2 is Approved e-/---Denied ❑ by Commissioners' Court Sims,,County Judge ? v S ~ C-6~ t C VI ~ Tom. 1 ~ ~ i REQUE TO' Formal notic proposes to (road) Gras S FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY HIE. COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS, COUNTY COURTHOUSE BRYAN, TEXAS, 77803,, e I hereby given that (applicant).' Wickson Creek sun p ` ace a (type) waterline within across x the right-of-way of Rd. in Brazos County, Texas as follows: The locatio or description of the proposed installation is more fully shown by 3 copies oft drawings attached to this notice. I understanh and agree that: 1. The 'ounty Engineer must be notified 72 hours prior to the beginning of c struction in order that he, or his designated inspector, may insp t the actual installation. 2. All d age to the roadways and rights-of-way will be repaired to their origi I condition to the satisfaction of the County Engineer. 3. Braz County reserves the right, to require Applicant to relocate or lower any such line of no cost to Brazos County, should same beco a necessary due to widening or lowering, or other alteration of the r dway or right-of-way. 4. Brazes County will in no way be responsible for any damage which migh ccur to any existing utility lines in the right-of-way. 5. The I e will be constructed and maintained on the County right-of-way in acco lance with the Utility Accommodation Policy which was adopted by the Texa Department of Transportation on May 29, 1989. 6. The I or lines will be constructed no less tf~an twenty-four inches (24") lowe an the lowest part of the drainage or bar ditch and the drainage is to be c idered at least two feet (2') below the center of the roadway. 7. All s Con Re: Lamarche APPROV COURT ,jr Date Randy S} will be barricaded during the construction period, this line will begin on or after the 26 day of January , 2005 COMMISSIONERS' County Judge reek SUD Firm: Wizks By: Title: _s,~~era] ManagQr Address: P- 0. Box 4756 Bryan, Texas 77805 Phone: 979-589-3030 D,K, G~r~~~ Arnolta ~r c+ Brazos County Courthouse 300 E. 26th, Suite 313 Bryan, Texas 7; DATE: January 19, 2005 TO: Hon. Randy Sims, County Judge Hon. Lloyd Wasserman, Commissioner Hon. Duane Peters, Commissioner Hon. Kenny Mallard, Commissioner Hon. Carey Cauley, Commissioner Candy Gallego, Administrative Assistant FROM: Kay Hamilton, County Treasurer RE: Quarter Ending 12/31/2004 Investment Report This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 1.8993% on $10,054,396.90 invested with TexPool for the quarter ending 12/31/2004. Investment interest deposited during the quarter was $47,421.29. The average Earnings Credit Rate on checking account interest during the past quarter was 2.54% netting $201,707.06 of interest earned for the quarter. Year- to- date checking account interest was $201,707.06. The total interest earned year-to-date was $249,128.35. The weighted average maturity of the invested funds was 1 day due to the liquidity of funds invested with TexPool and on deposit at First American Bank. In December 2004, the following short-term interest rates were available though sample investment instruments permitted by the Brazos County Investment policy and the Public Funds Investment Act: 3-month Commercial Paper=> 2.39% 3-month CD (collateralized at the County's expense) 2.66% 3-month treasury 2.19% 3-month FHCR 2.35% The interest rate stated in the County's current bank contract produced a yield of 2.74% for December with daily liquidity and 105% co I lateral ization. Also note that a FHLB with a 2-year maturity (the maximum allowed by the Brazos County policy) would yield 2.875% an uncol lateral ized advantage of only 0.135%. The County's investment strategy, therefore, remained that of depositing available funds in the bank. As noted in last quarter's investment report, the bank will collateralize a maximum of $50,000,000 dollars; therefore, balances above that amount are deposited in TexPool which also provides daily liquidity. In the current rising interest rate environment, this will continue to be the recommended investment strategy. 94~ Summary of Portfolio Changes Fund Group 1 Beginning Book Value (09/30/2004) $10,006,975.61 Beginning Market Value (09/30/2004) $10,006,975.61 WAM at Beginning Date 0 Change to Market Value $ 47,421.29 Ending Book Value (12/31/2004) $ 10,054,396.90 Ending Market Value (12/31/2004) $ 10,054,396.90 Unrealized Gain/[Loss] 0.00 WAM at Ending Date 1 Day Investment interest deposited: Checking Account Interest Earned: October 2004 $ 14,557.80 (1.7805%) $ 62,896.20 (2.27%) November 2004 $ 15,230.98 (1.8491%) $ 65,456.92 (2.61%) December 2004 $ 17,632.51 (2.0685%) $ 73.353.94 (2.74% Q/E 12/31/04 $47,421.29 $201,707.06 YTD TOTALS $47,421.29 $201,707.06 Attached are the following reports: 1) Quarterly Investment Activity Report 2) TexPool Investments 3) TexPool Investment Interest Summary per Fund 4) Cost Amount Summary of Investment To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. Fan Hamil on, County Treasurer 2.0 l2©0 5 Date Te ri White, Chief Deputy Treasurer I l'" /d5-' Date ACKNOWLEDGED: 2 5.166- n dy Sims, County Judge date QUARTER ENDING 12/31/2004 INVESTED FUNDS ACTIVITY REPORT FUND 1 - POOLED FUND G DATE DESC. EXPO CTR C.O.SER 2003 CASER 2004 TOTAL 09/30/04 BALANCE $ ` 2,001,395.12 $ 5,003,487.81 $ 3,002,092.68 $ 10;006,975.61 10/31/04 October Interest $ 2,911.56 $ 7.278.91 $ 4,367.33 $ 1411557,,'.80+ 10/31/04 ctober Balance $ 2,004,306.68 $ 5,010,766.72 $ 3,006,460.01 $ 10,021,533:41 11/30/04 ovember Interest S 3,046.19 $ 7,615.50 $ 4,569.29 $ 15;230.98 11/30/04 vember Balance $ 2,007,352.87 $ 5,018;382.22 $ 3,011,029.30 $ 10,036,764;39 12/31/04 ecember Interest $ 3,526.50 $ 8,816.25 S 5,289.76 $ 14,106.01 12/31/04 ecember Balance $ 2,010,879.37 $ 5,027,198.47 $ 3,016,319.06 $ 10,054,396;90 b6 r), q-~ T7- TEXPOOL INVEMIMENTS (OCT.2004-SEPT.2005) PAGE 1 DATE EXPO CTR C.O. SER.2003 C.O. SER.2004 TOTAL DATE 09/01/04':{ :2;001;395:12 'S;'003,487-.8T -`3,002;092.68 10,006;975:61 -0910:1/04.3 10/31/04 $ 2,911.56 $ 7,278.91 $ 4,367.33 $ 14,557.80 Oct. Int. 10/31104 > ; $ :2 004,306:68` $ ,.}=5,0 10,766R,2k 3,006,460.01 $':101021;533:41 Od.Ba an6&} 11/30/04 $ 3,046.19 $ 7,615.50 $ 4.569.29 $ 15,230.98 NovAnt x,..:.11130/04% t$ :.2 007;;352;$7 <'.5;018;382.22`: ,011;029.30 3$-,10,036;764'39,, ..'NbV`BaIaride~' 12/31/04 $ 3,526.50 $ 8,816.25 $ 5,289.76 $ 17,632.51 Dec. Int 1 3 0 $:2;010;879 37` `$.'s5,027*, 8:'4,7 -"=3,016;319.06, $.:10;054 396.90 Dk B a ice ; P~ I I FY 2005 DEPOSITED INVESTMENT INTEREST SUMMARY BY FUND FUND 1 FOOLED FUND GROUP DATE DESC. EXPO CTR C.O. SER. 2003 C.O. SER. 2004 rv. i TOTAL 10/31/04 OCTOBER $ 2,911.56 $ 7,278.91 $ 4,367.33 $ 14 557.8U- 11/30/2004 NOVEMBER $ 3,046.19 $ 7,615.50 $ 4,569.29 , $ 15 230.98 12/31/2004 DECEMBER $ 3,526.50 $ 8,816.25 $ 5,289.76 , $ 17 632.51 TOTAL QUARTERLY $ 9,484.25 $ 23,710.66 $ 14,226.38 , $ 47,421.29 l i` T O V r- r- Cl? V: O 0 o M C) I` M r' N r- O O O N LO M EA EA d0} y a p d IX L ` N N F- F- = N O O O x W U (3 0 rn cc dQl 0 0 ~a m E N V a m L t cn d t ♦b O O a x m H 3 d L N ~N. d E r N d C N d N 3 lC V O O E N N d .C N d Y O O co