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HomeMy WebLinkAbout2006-03-07-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA l~ BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 7 MARCH 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26' STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Cauley 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -18: 3. Budget Amendment 05/06-22.1 thru 05/06-22.3. 4. Personnel Change of Status. 5. Payment of Claims. 6. Brazos County Order #06-002 prohibiting outdoor burning in Brazos County for ninety (90) days, effective 7 March 2006. 7. Bank Depository Contract with Citibank Texas, N.A. for all accounts and funds held in the Registry of the Brazos County District Clerk for the Courts of Brazos County. Initial contract term is 1 June 2005 through 31 May 2007, with an option to review for another two years, not to extend beyond 31 May 2009, with the same terms and conditions as those set forth for this initial term. 8. Appointment of Dale A. Robertson to the Brazos Valley Workforce Board. Term of appointment is 31 March 2006 through 31 June 2009. Office of the County Judge • 300 East 2ff St. • Suite 114 • Bryan, Texas 77803 V009 PAGE Fax. (979) 361-4503 Commissioners Court Agenda 7 March 2006 Page 2 9. Request from the Texas Cooperative Extension Service for payment of lodging expenses for a County Extension Agent who will be supervising Brazos County 4-H participants as they show their animals in the Houston Livestock Show and Rodeo. The rate is above what Brazos County allows; dates of travel are 5-19 March 2006. 10. Request by the Brazos County Bail Bond Board for approval to retain an attorney to represent the Board in pending litigation, with a recommendation to hire Sheiness, Scott, Grossman, Cohn, and Tina Snelling. 11. Tax Refund Applications for the following: a. Lorne R. & Carol M. Dunham d. Hap Bryan Oaks East L.P. b. Theresa Thompson e. Yvonne Pineda c. Scott M. & Tammy Kay Berry 12. Brazos County Treasurer's Report for the Month of January 2006. 13. Award of Bid 2006-021 RB, Decking Timbers, as follows based on best price: Primary Vendor: Lufkin Creosoting Secondary Vendor: Kennedy Saw Mills 14. Exemption from competitive bidding for Public Financial Management for professional services - financial. 15. Permission to advertise Bid 2006-022 Poly Jute. 16. Declaration of surplus property as "salvage" that was advertised for sale in accordance with Local Government Code §263.152 and received no bids, and authorization for either destruction or other disposal. 17. Payment authorization to Kalinec Towing Co., Inc. in the amount of $86.25 for towing services for the Sheriff s Office. The amount of the invoice exceeded the purchase order. 18. Payment authorization to Interstate Batteries in the amount of $3.00 for the Sheriffs Office. The Battery Excise Tax was overlooked on a previous invoice and payment. 19. Acknowledgement of the 2005 annual law enforcement contact data report for the Precinct 2 Constable's Office, as required by the Texas Racial Profiling Law. 20. Acknowledgement of the Monthly Reports submitted in February 2006. These reports are available for review in the County Judge's Office. 21. Announcement of interest items and possible future agenda topics. 22. Call for citizen input and/or concerns. VOL / 9PAGE -3D Commissioners Court Agenda 7 March 2006 Page 3 23. Agency / Board / Committee reports by Court members. 24. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL 'I y PAGE 31 COMMISSIONERS' COURT REGULAR MEETING MARCH 7, 2006 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, March 7, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Reverend Jones gave the invocation and Commissioner Cauley led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06-22.1 through 22.3, which would reallocate funds for the Agriculture Extension Office, Building Maintenance, and transfer funds from Donated Property to Juvenile Services. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. Vol F7 8' Page 312- Commissioners Court meeting March 7, 2006 2 On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to table consideration of the change of status of employees as there were no forms submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7016864 through 7017099 On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration by the Court was the reinstatement of Brazos County Order #06-002, prohibiting outdoor burning in Brazos County. Commissioner Peters moved to reinstate the ban. Commissioner Wassermann seconded the motion. Commissioners Wassermann, Peters, Cauley and the County Judge voted "Aye". Commissioner Mallard voted "No". The motion carried to reinstate the burn ban. The next matter before the Court was consideration of the Bank Depository Contract with Citibank Texas, N.A. for all accounts and funds held in the Registry of the Brazos County District Clerk for the Courts of Brazos County. The County Judge moved to approve. Commissioner Cauley seconded the motion. After some discussion, the County Judge and Vol 18' Page 93 Commissioners Court meeting March 7, 2006 3 Commissioner Cauley withdrew their motion and second. Then on motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to table consideration to allow time to gather more information. The Court next considered the appointment of an individual to serve on the Board of the Brazos Valley Workforce Commission. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to appoint Dale A. Robertson to serve on the Board of the Brazos Valley Workforce Commission. The term is from March 31, 2006 through June 31, 2009. The next matter for consideration by the Court was a request submitted by Brandon Gregson, County Agent for 4-H and Youth Development seeking approval for out of state travel for himself to attend the Houston Livestock Show and Rodeo supervising the Brazos County 4-H participants as they show their animals from March 5th through the 19, 2006. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the County Agent and approved payment of out of state travel expense for Mr. Brandon Gregson. The Court next considered a request by the Brazos County Bail Bond Board for approval to retain an attorney to Vol I ~ Page J4 Commissioners Coor[ meeting March 7, 2006 4 represent the Board in pending litigation. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request and accept the recommendation of hiring Sheiness, Scott, Grossman & Cohn and Tina Snelling to represent the County. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Lorne R. & Carol M. Dunham, Over Payment $14.00 b) Theresa Thompson, Over Payment $75.00 c) Scott M. & Tammy Kay Berry, Over Payment $25.14 d) Hap Bryan Oaks East L.P., Over Payment $6,172.20 e) Yvonne Pineda, Over Payment $66.00 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for January 2006. A copy is attached to and made a part of these minutes. The Court next considered awarding Bid No. 2006-021RB, Decking Timber. Becky Stephens, Assistant Purchasing Agent, made the following recommendation: Primary Vendor - Lufkin Creosoting Secondary Vendor - Kennedy Saw Vol '19 Page J6 Commissioners Court meeting March 7, 2006 5 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is attached. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)4). On motion by commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Exemption of Competitive Bidding Requirements for Public Financial Management (PFM) for professional financial services and authorized the payment for said services for fiscal year 2005-2006. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-022, Poly Jute. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Poly Jute. The Court next considered the declaration of surplus property as salvage. This property was advertised for sale in accordance with Local Government Code §263.152 and received no bids. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to Vol 7 8 Page J Commissioners Court meeting March 7, 2006 6 declare the property as salvage and authorized its destruction or other disposal. A list of the property is attached. The Court next considered a payment authorization to Kalinec Towing Company in the amount of $86.25 for towing services for the Sheriff's Office. The invoice exceeded the purchase order amount. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization to Interstate Battery in the amount of $3.00 for payment of the battery excise tax. This charge was over looked when payment was made. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of the 2005 annual law enforcement contact data report for the Precinct 2 Constable's office as required by the Texas Profiling Law. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Today is election day. Commissioner Cauley a) Rod Anderson, Court Counsel has done research concerning stray dogs. He will get Vol ? 9- Page 07 Commissioners Court meeting March 7, 2006 information to the Court and will need a Workshop on the subject. County Judge a) Leon County is in the top five selected sites for the Future Generating Plant. Many good jobs will be available. Eric Caldwell, Director of the Information Technology Department a) The kiosks are in for the online library. He is working to get them configured. He would also like to see progress on the computer security policies. He has gotten a lot of good feedback on them. Mostly they were well received. He would like to see another workshop on the policies next week. There was no citizen input and/or concerns. 7 Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) Asked the County Engineer if we ordered fire suppressant. Mr. Vance replied that he has ordered it but as of yet had not received it. There being no further business to come before the Court, the meeting was adjourned. Vol 7 8' Page 2 8 The foregoing minutes of the Commissioners Court meeting held March 7, 2006 have been examined and are approved in open Court this the ~_day of I' 2006, in Bryan, Brazos County, Texas. Randy S'ms Count Judge Duane Peters Commissioner, Precinct 2 arey C u ey, Jr. Commis Toner, Pre i ct 4 Attest: ?.lam -/Gf ~ Karen McQueen County Clerk Lloyd Wassermann Commissioner, Precinct 1 Kenny Mall d Commission , Precin t 3 Vol ?9 Page s39 BRAZOSCOUNTY COMMISSIONERS COURT `b- DAY OF J)~q~ , 2006 AT ~M Name AJO i Organization .Z: T, eA ^t VOL-7 Y PAGE '/(0 `(~'v v 1 BRAZOSCOUNTY COMMISSIONERS COURT J~k DAY OF , 206(o AT e d , 1VI M Name Organization 4 go VOL~S PAGE 41 t L:6e4l~- 6Z BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-22.1 thru 05/06-22.3 On this the 71h day of March 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 7 March 2006 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 7`h day of March 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes V0L 9 PAGE-"--' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 22.1 3/7/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 37000100 60260000 CR Education Supplies 80.00 0100 37000100 65320000 DR Equipment Maintenance 80.00 Agriculture Extension: To reallocate funds for the expenditure on equipment maintenance. VOL q 9 PAGE 43 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 22.2 3/7/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 101001 1 46023000 CR Donated Property 0100 31000100 60010000 DR Donated Property 136.00 Juvenile Services: To recognize the value of property donated to Juvenile Services Department b various donors. The acceptance of the donated property was approved by the Commissioners' Court on 2/28/06. VOL 7 8 PAGE W BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 22.3 3/7/2006 FD DIV ACCT PROJ Increase Decrease 0100 17000100 59100000 2,800.00 0100 17000100 67211000 1,200.00 0100 17000100 67203000 WMinnor Saa 1,600.00 E Buildin Maintena nce: To reallocate funds for the purchase of computer software and hardware. VOL -2 Y PAGE 46 BRAZOSCOUNTY BRYAN, TEXAS ORDER NO. 06-002 PROHIBITING OUTDOOR BURNING IN BRAZOS COUNTY WHEREAS, the Commissioners Court of Brazos County finds that circumstances present in all or part of the unincorporated area of the county create a public safety hazard that would be exacerbated by outdoor burning; IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all outdoor burning is prohibited in the unincorporated area of the county for ninety (90) days from the date of adoption of this Order, unless the restrictions are terminated earlier based on a determination made by the Texas Forest Service or this Court. This Order is adopted pursuant to Local Government Code §352.081 and other applicable statutes. This Order does not prohibit outdoor burning activities related to public health and safety that are authorized by the Texas Natural Resources Commission for (1) firefighter training; (2) public utility, natural gas pipeline or mining operations; (3) planting or harvesting of agricultural crops; or (4) burns that are conducted by a prescribed burn manager certified under Section 153.048, Natural Resources Code, and meet the standards of Section 153.047, Natural Resources Code. In accordance with Local Government Code §352.081 (h), a violation of this Order is a Class C misdemeanor, punishable by a fine not to exceed $500.00. ADOPTED this 7 h day of March, 2006 by a vote of _t:f 7--Z ayes and nays. ATTEST: aren McQueen, ty Clerk Office of the County Judge . 300 East 26" St. . Suite 114 . Bryan, Texas 77803 . Fax: (979) 361-4503 VOL 7 S PAGE 4& BANK DEPOSITORY CONTRACT THIS DEPOSITORY CONTRACT is made and entered into on the date last herein i and between the DISTRICT CLERK OF BRAZOS COUNTY, TEXAS, herein of 477 "DEPOSITOR" and Citibank Texas, N. A. a organized under the laws of the United States and authorized by law to do banking b BRAZOS COUNTY, Texas, and now conducting such business in said BRAZOS C lauc 7~ Texas, hereinafter called "BANK." DEPOSITOR through action of its' Commissioners Court, hereby designates BANK as a depository for the period beginning JUNE 1, 2005 for a term of two years (herein the Initial Term) with an option to renew for another two years, not to extend beyond MAY 31, 2009, on the same terms and conditions as set forth herein.for the Initial Term. This contract is to cover all accounts and funds held in the Registry of the District Clerk of Brazos County for the Courts of Brazos County by the DEPOSITOR and placed on deposit with BANK. H During the term of this depository contract, the DEPOSITOR will, through appropriate action of its Commissioners Court, designate the officer, or officers, who singly or jointly will be authorized to represent and act on behalf of the DEPOSITOR in any and all matters of every kind arising under this Depository Contract and to (1) execute and deliver to the BANK funds or fund transfer agreements (and any addenda thereto), (2) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for payment or transfers on behalf of the DEPOSITOR in accordance with the electronic funds or fund transfer agreement and addenda and (3) make withdrawals or transfers by written instrument. In Quarterly Bank Statements will include checks, deposit slips, transfer slips, and debit and credit memos processed for ALL accounts. Quarterly statements showing debits, credits, and balances of each separate account are required. Statements are to be submitted to the District Clerk's Office no later than the 1 e of the month. IV DEPOSITOR may arrange for time deposits, and BANK may accept and hold such deposits subject to payment in accordance with the terms of the deposit. In the event funds for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITOR'S account and may not charge any penalties for early withdrawal. Interest shall be calculated at the prevailing rates established from time to time by BANK for similar deposits. Time deposit maturities will not extend beyond the termination of this Agreement without the expressed consent of the BANK. 1100 PAGE 47 V All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by collateral as provided for in the Public Fund Collateral Act, Texas Government Code, Chapter 2257. The total value of eligible security to secure a deposit of public funds must be in an amount not less than the amount of the deposit of public funds, increased by the amount of any accrued interest and reduced to the extent that the United States or an instrumentality of the United States insures the deposit. The value of a surety bond is its face value. The value of an investment security is its market value. BANK must receive notification of new deposits prior to 10:30 A.M. on the day deposits are actually received. Twenty-four (24) hours notice is necessary on deposits totaling in excess of $1,000,000 during any banking business day. In no event shall the amount of DEPOSITOR funds on deposit with BANK pursuant to this depository contract exceed one million dollars without prior written consent of BANK. However, failure to give such notice does not excuse the BANK from properly securing these deposits in accordance with this agreement and the Public Fund Collateral ACT within one (1) business day of the deposit. The Commissioners Court and/or its designated representative has the authority to reject any collateral offered by BANK which is not deemed to be allowed under the Public Fund Collateral Act or which is deemed to be of high security risk. VI BANK has heretofore or will immediately hereafter deliver to the (hereinafter "CUSTODIAN), collateral of the kind and character above mentioned of sufficient amount and market value to provide adequate collateral for the funds of DEPOSITOR deposited with BANK. Said collateral or substitute collateral, as herein provided for, will be kept and retained by CUSTODIAN in trust so long as the depository relationship between DEPOSITOR and BANK shall exist hereunder. and thereafter so long as deposits made by DEPOSITOR with BANK hereunder, or any portion thereof, shall have not been properly paid out by BANK to DEPOSITOR or on its order. The agreement of the parties to place the collateral with the Custodian is attached hereto as Exhibit "A" and made a part hereof for all purposes. VII Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher lawfully drawn against any deposit and the interest on such deposits, or in case BANK becomes insolvent or in any manner breaches its contract with DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency or breach to BANK, and BANK shall have three (3) business days to cure such failure, insolvency or breach. In the event that BANK shall fail to cure such failure, insolvency or breach within three (3) business days, the parties hereto authorize the CUSTODIAN to surrender to the Commissioners Court in and for the DEPOSITOR the collateral being held by the CUSTODIAN upon receipt of a certificate whereby the DEPOSITOR, through its authorized representative, certifies that BANK has failed to perform its obligations under this contract has otherwise breached this contract or has become insolvent. VOL 79- PAGE4 VII (CONT'D) The BANK agrees and hereby instructs the CUSTODIAN that a copy of this agreement attached to the certificate(s) shall serve as the BANK'S consent and approval for the CUSTODIAN to sell and/or convert the collateral to the use of the DEPOSITOR. The BANK agrees and is bound to provide any other approvals or consents the CUSTODIAN may require in order to release the collateral for DEPOSIT'OR'S use. The parties further agree that the DEPOSITOR may seek an order or declaration or order of a court of lawful jurisdiction in the event that the BANK does not comply with this provision or in the event the CUSTODIAN refuses to surrender the collateral to the Commissioners Court, with all costs and attorney's fees incurred by DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it, together with all expenses of any and every kind incurred by it on account of such failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said proceeds or collateral remaining unsold. VIII Any sale, of such collateral, or any part thereof, made by DEPOSITOR or the CUSTODIAN, as appropriate, hereunder may be either at public or private sale; provided, it shall give both the DEPOSITOR, if the sale is made by the CUSTODIAN, and BANK ten (10) days notice of the time and place where such sale shall take place, and such sale shall be to the highest bidder therefore for cash. BANK shall not have the right to bid at such sale. IX If BANK shall desire to sell or otherwise dispose of any one or more of said securities pledged as collateral and deposited with the CUSTODIAN, it may substitute for any one or more of such securities other securities of the same or greater market value and of the character authorized herein and by the Public Funds Collateral Act. Such right of substitution shall remain in full force and may be exercised by BANK as often as it may desire; provided, however, that the aggregate market value of all collateral pledged hereunder, shall be at least equal to the amount of collateral required hereunder and by the Public Funds Collateral Act and other applicable law. If at any time the aggregate market value of such collateral so deposited with CUSTODIAN be less than the total sum of the DEPOSITOR'S funds on deposit with said BANK, BANK shall immediately deposit with CUSTODIAN such additional collateral as may be necessary to cause the market value of such collateral to equal the total amount of required collateral. BANK shall be entitled to income on securities held by CUSTODIAN, unless there is insufficient collateral on deposit with the CUSTODIAN to cover the public funds as required by law at the time the request is made. Approval of the DEPOSITOR will be required in all circumstances and if the collateral deficiency is not cured and the DEPOSITOR'S consent is not given (in writing), the income becomes collateral for public funds to the extent of the collateral deficiency. The consent of the DEPOSITOR must be obtained for a security to be released as collateral. Before a security is released from collateral that is to be replaced, the BANK must present to the DEPOSITOR the replacement collateral that is being offered, and the DEPOSITOR must accept such replacement. VOL-7 g PAGE0 X If at any time the collateral in the hands of the CUSTODIAN shall have a market value in excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may authorize the withdrawal of a specified amount of collateral by the BANK based on a written request from the BANK to the Commissioners Court. BANK shall have the right at any time and from time to time to substitute new collateral for collateral being held by TRUSTEE, provided that BANK provides evidence reasonably satisfactory to the TRUSTEE that sufficient collateral will remain after such substitution to satisfy the requirements of this depository contract and the Public Funds Collateral Act. XI Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the expiration date by providing advanced written notice to the other party of its election to do so, and this agreement shall be void from and after the expiration of ninety (90) days after the receipt of such notice, provided all provisions of this agreement have been fulfilled. XU Ninety (90) days prior to the expiration date of the Initial Term, either party wishing to exercise its option to renew the contract for an additional two (2) year term (the Option Period), must deliver written notice exercising such option to the non-exercising party as referred in Article XVI herein. X111 When the relationship of DEPOSITOR and BANK shall have ceased to exist between DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of DEPOSITOR, it shall be the duty of the District Clerk to issue a certificate to that effect to the BANK, the County Treasurer, and the Commissioners Court, and, if all obligations under this agreement and applicable law have been fulfilled, Commissioners Court will issue written authorization to the CUSTODIAN to deliver all collateral being held in the possession of the CUSTODIAN to the BANK. X1V This contract is subject to, and incorporated, the current laws governing the relationships between counties, depositories and custodian/trustees and related entities as established by the Texas Local Government Code and the Texas Government Code and any amendments or revisions thereto. BANK warrants and represents that it shall comply with all applicable laws, rules and regulations, which govern or apply to BANK in connection with this contract. BANK further warrants that in the event that it is aware of any violation by BANK of applicable laws, rules and regulations, it will bring the event to the attention of the CUSTODIAN and the DEPOSITOR immediately and in writing within three (3) business days. lrOL 7? PAGE sD XV The BANK will provide the District Clerk the gross interest rate factor on a daily basis if the Trust Cash Management Account is used. All instructions for withdrawals will be in writing from the District Clerk or his agent, as set out in paragraph II, and verified verbally by the BANK. This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising out of or related to this contract, or out of any disputes between the parties concerning the subject matter of this contract or arising out of the violation or application of any law governing the subject matter of this agreement (including but not limited to the Public Funds Collateral Act, Texas Government Code, Chapter 2257) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS. XV1 Any party hereto to the other, by United Stated Mail or other reliable courier at the following addresses, may deliver all notices, demands, or other writings: DEPOSITOR: District Clerk Brazos County, Texas 300 East 260' Street, Suite 216 Bryan, Texas 77803 WTTH COPIES TO: County Judge Brazos County, Texas 300 East 26. Street, Suite 114 Bryan, Texas 77803 CUSTODIAN: BANK: The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party to the other two parties as above provided. VOL 79- PAGE 61 XVII BANK represents that the collateral pledged to DEPOSITOR is not otherwise assigned, pledged or encumbered and that no lien, or security interests exist other then the security interest held by the DEPOSITOR pursuant to this agreement. Possession of the collateral by the CUSTODIAN is intended as perfection of DEPOSITOR'S security interest therein. BANK warrants that the collateral (in the form and amount required by law) is held by CUSTODIAN for the benefit of DEPOSITOR and as security for DEPOSITOR'S funds. The Commissioners Court shall deliver to BANK within five (5) working days from the date of execution of this agreement, a list of those individuals authorized to act on behalf of the District Clerk in regard to the mattes stated herein. The BANK shall deliver to the Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its' Board of Directors approving this contract and the execution thereof. The BANK shall deliver to Commissioners Court on the date of execution hereof, an executed Collateral Agreement as set forth on Exhibit "A". The BANK shall deliver to Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its' Board of Directors indicating the authority of an individual(s) to pledge collateral on behalf of the BANK. VOL 1(? PAGE 5a rd ~ EXECUTED this 3 day of bb(s 200, by the undersigned duly authorized officers of the parties hereto. ForBank: _ Citibank Texas N.A By (Si ature) Name: Clay Riebe Title: Sr.V.President Date: June' 15, 2005 THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFQ,RE ME, on this day personally appeared sky & AA ~ to-SLJ.-4 of {nK l~xcr: I(A BANK, known to me the person whose name is subscribed to the forgoing instrument, and acknowledge to me that he/she executed the same as the act and deed of the (--14,6. . W v cr ,Y A BANK, a corporation, for the purpose and consideration therein expressed and in the capacity therein state. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the J~ day of )F , 20Q~I,v Notary Public, State of Texas Printed Name: V lC Ki ~ R M Commission Expires: •`G Y VICKIE FORD Notary aubAc, state a Texas MAY 8, 2008 M ~ VOL--?g PAGE 63 EXECUTED this I- day of Mr d,, 204, by the undersigned duly authorized officers of the parties hereto. For Brazos By: Name: Randy Sims Title: Brazos County Judge Date: _s/) 4- 1.2000 THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, on this day personally appeared Randy Sims, of BRAZOS COUNTY TEXAS, known to me the person whose name is subscribed to the forgoing instrument, and acknowledge to me that he/she executed the same as the act and deed of BRAZOS COUNTY, TEXAS, for the purpose and consideration therein expressed and in the capacity therein state. GIVEN UNDER MY HAND 20061 G AND SEAL OF OFFICE, this the __L~(_day of ta c 0 Notary Public, State of Texas Printed Name: ( Lgc e ae Commission Expires: 710 EIAC 07 DEBBOELOCKLEDGE WTAVMMI6VMOFMU COMMON" [X111111; JVO"Y $x 2007 VOL 19' PAGE CERTIFICATE OF SECRETARY I certify that the following resolutions were duly adopted by the Board of Directors of Citibank Texas, N. A. on March 31, 2005, that the resolutions are still in full force and effect, and that Clay Riebe is an employee at the level of vice president (or equivalent) or higher of Citibank Texas N. A. and are therefore authorized to sign the types of documents described in such resolutions. r- ~h- Ohn '~~l E. Gunther ecretary February 17, 2006 RESOLVED, that any officer of the Bank at the level of Vice President (or equivalent) or higher, or the designee(s) of any such officer, is hereby authorized to sign, execute, acknowledge, verify, deliver, or accept on behalf of the Bank agreements, contracts, indentures, mortgages, deeds, conveyances, transfers, certificates, declarations, receipts, discharges, releases, satisfactions, settlements, petitions, schedules, accounts, affidavits, bonds, undertakings, proxies and all other instruments or documents, and be it further RESOLVED, that in the signing of any instrument or document under this resolution it shall not be necessary to affix the corporate seal of the Bank, and such signing shall have the same effect as if the corporate seal had been affixed. VOL % -PAGE 56 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this WL day of P'I Grck A.D. 2005 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this '/-fL day of MQrGI,. 2005. Randy Sim,,s%County Judge Lloyd Wassermann, Commissioner Precinct #1 Duane Peters, Commissioner Precinct #2 Kenny Mallar ommissione recinct #3 grey Caul ,Commissioner rec' ct #4 Treasurer's Reports for the MONTH of JANUARY 2006 VOL 7 PAGE rv M p N P N N b N . O Y S O p b M p~ O O n1 pp y 0~ g P n M m N '1 ti m ((pp ID 01 N P N O N m m m N m m1r1 lO m m~r1 mh m h N N m 0 N N hON M ~ n N Q 1p N ~ + N M O P N h N b p b p O N M m 1 P P N P N P F O~ p m OO N R w m R O1 OO n q m N 0~ ry . ~Fj M P M P F ~p O w N m ( mp N b IN1 ti m N O ti ' N b N N M m N .Ny ~ M m C p m N^ - N mN M O T M N N V O. N N 1~ N p M V (Yj ~ b rv m w 1.N~ S S r m m rv m N W 1~ m . P Of N 1 N p N O r1 O O O M P P b ."1 P O ~ b$ y O n m i m mm N N N ~~pp 1 m ~ N 0 m1r~ 10 N n yy~1 h m n O N M y ~ ey U p S ' O F N N O p p 1p N p P V N h ~ pp O P F N N N p ~ P O ~ N ry pp~ N O~ ti O !N'1 IImI ~'n PP Yt pm N pp Q b N P p F N p p N m m O N N ON1 0 O~ w m P O p n p V N mp N P 0 ti N ~pj} O \ 1 F p ~ m O1 F '1 ~ p O M N ~ m m b b N C 1~f Im-1 'O'1 ~ ^ b P N 1~ b P N ti m N 1~1 V N ~ N a m ~ pp bhp N m T N ti ~ N M ' qq N ~pp~ b ~ O . iii:': : ' N ' m N p l - . N m N I ~ 1 P N 1p ; M . =ii 111 N VNI O ~ p O ry O N < O p m pp m ~ m S N N n V ~p bN O~ O n ~V j M W m gg N m b N S ~ < , 1em1 .4 p m ~ 0 O N F p 0 VI 1+1 v~ 25 m a n a m O b N ..r a n ~ m N I~ O M N M N F N m N P m N N m N N N N qq N N ^ N D n P ti IMF b m O O V b V O P n ~ G O n (NII ti N N N P 0 CI O O IG I b~ l ~ VNI N b O~ N H .':i:. N Q f m N I D O , F N m O N p p P N N h pp O p p~~ pN O p N N P O N N N ry N 10(1 m N y Q'1 P T P ^ P F V M N N M N p N P p O T ti , ~ p m b M H F O i m pq~ N pM N O V01 m Q m F M N 10 m b n IN~1 N M O N K b N mm b 6 M N P M m 0 1O N p m pI ~ 1O pO 1v P1 O ~ N ~ MMM N p N .-1 M ti P 0 b b h O 0 O ~ 1m1 N N . y N N ti m N N 11 W g m p N m 0 1 Z Q m ^ ? S m N lt i n i ~ yF W y1 M N = Li IR a R? O = m N S C P m N pm N OO 1 N m< IV Q N 8 0 P ^ m 01 V N O 1 N I~ O n N P O O J N N P p M N N P ~ ':.'i: P O ~ M m N M M N M M m ~ N N tpC N P m U = M N $ N 1~ ~ O u $ yn n~o g alN em v n ~ rv $ n m .N. 1`y N ~ ~ °m `~o ~ 1 MC .N im 1.Ni ~ ~ n1°r1 ~ N N O O Vpf ~ H h N P N ~ P T py p@ P O N O 1,f ti fp $ V g O m a P Yf O~ n n vNi ry0 l O V 10 p P m pV.I m m^ S O rN1 Ih ; , 1 y O N m ~y P T ~ O ! V ~ 01 t h ti D M~ 01 O m 0 N O~ 1 01 P N M P ti M N N b O m .-i P 10 M .r b P N 1mD 4C p ^ N M p N N N fV p P p Np m 'I N N O p Pp N N 1MD ti OmI 0p1 p O I~ OI ~p N ; ~ ry Ll P b b 2 s a a a 0 Z Y.i 3 R o Z 0 0 n o yY Za € W p 6 ~ O < 1j 2 ~ ~ _ yak 2 V C ' ~ O = O ~ Z ~ ~ jj LL ~ 0 yp 6 ~ ' ~ `F ~ IIITYNLII f F C Iy lW¢J ~ u[ F ~ O y y1 a O LL a ~ F Z ~ vi ~ M s ,4, am LL1 p' ~ F £ 6 yF ~J 1p.~, . . O f C ~ ~ ) 6' n O ~ W 7 6 6' W J F O. W = y1~ N G S N LL 6 VI W O ' 7 W ~ `S `z W S SW ~ y O t7 ~ i_ Y €J J €J m o ~ i~; U ~ ¢ q ] J 1 yy J op U Tq G In J N FQ FQ y``y..11 O yay = Q Q ^ O aW aW 6 QW J~ Y . Q 6 F y O ' > W ~ I U Z V 0 = : 'i::' Op S O O O G S r0, 1 ~ F~ G O C 8 Om P S O G O S N 8 ry O M 8 P 8 N 8 10 Cp N 0 8 I $ $ 8 m ~ ~ p V S ~ 'JQ { ~ ~ C C O O S: i '1 N N N N N N N N N N R 1T1 1~1 V P ~j 0 a (A 1{fY K IA b e N Q VOL 73' PAGE S O Q O G H C 3 N m V C pE U 8 a ~N R E a 9 N6 L N BID TABULATION 2006-021RB DECKING TIMBER 03/07/2006 - 03/06/2007 ITEM EST. BOARD DESCRIPTION ALL TREATED KENNEDY SAW MILLS SHREVEPORT, LA LUFKIN CREOSOTING LUFKIN, TX NO FEET UNLESS NOTED UNIT TOTAL UNIT TOTAL 1 4,000 3"X 8" X 12' SISIE, 8# $1.155 $4,620.00 $1.110 $4,440.00 4,000 3" X W X 12' S4S, 8# $1.155• $4,620.00 $1.310 $5,240.00 2 1,000 3" X 8"X 18' SISIE, 8# $1.190 $1,190.00 $1.110 $1,110.00 1,000 3" X 8" X 16' 848. 8# $1.190 $1,190.00 $1.210 $1,210.00 3 1,000 3" X 8" X 20' SISIE, 8# $1.330 $1,330.00 $1.110 $1,110.00 1,000 3" X 8" X 20' S4S, 8# $1.330 $1,330.00 $1.310 $1,310.00 4 10,000 3" X 8" X 24' SISIE, 8# $1.435 $14,350.00 $1.175 $11,750.00 10,000 W X 8" X 24' M, 8# $1.435 $14,350.00 $1.310 $13,100.00 5 100 3" X 12" X 12' SISIE, 8# $1.295 $129.50 $1.110 $111.00 100 3" X 12" X 12' M. 8# $1.295 $129.50 $1.310 $131.00 6 1,000 4" X 6" X 12' SISIE, 8# $1.050 $1,050.00 $1.110 $1,110.00 1,000 4" X 6" X 12' S4S, 8# $1.050 $1,050.00 $1.310 $1,310.00 7 1,000 4" X 6" X 16' SISIE, 8# $1.155 $1,155.00 $1.110 $1,110.00 1,000 4" X 6" X 16' S4S, 8# $1.155 $1,155.00 $1.310 $1,310.00 6 1,000 4"X 6"X 20' SISIE, #8 $1.295 $1,295.00 $1.110 $1,110.00 1,000 4"X 6" X 20' S48, 8# $1.295 $1,295.00 $1.310 $1,310.00 9 1,000 4"X6"X24' SISIE, 8# $1.435 $1,435.00 $1.175 $1,175.00 1,000 4" X 6" X 24' S4S, 8# $1.435 $1,435.00 $1.310 $1,310.00 10 1,000 4" X 8" X 12' SISIE, 8# $1.155 $1,155.00 $1.110 $1,110.00 1,000 4" X 8" X 12' S48, 8# $1.155 $1,155.00 $1.310 $1,310.00 11 1,000 4" X 8" X 16' SISIE, 8# $1.190 $1,190.00 $1.110 $1,110.00 1,000 4" X 8" X 16' S48, 8# $1.190 $1,190.00 $1.310 $1,310.00 12 1,000 4" X 8" X 20' SISIE, 8# $1.330 $1,330.00 $1.110 $1,110.00 1,000 4" X 8" X 20' S48.89 $1.330 $1,330.00 $1.310 $1,310.00 13 1,000 4" X 8" X 24' SISIE, 8# $1.435 $1,435.00 $1.175 $1,175.00 1,000 4" X 8" X 24' S4S, 8# $1.435 $1,435.00 $1.310 $1,310.00 14 100 4" X 12" X 12' SISIE, 8# $1.295 $129.50 $1.110 $111.00 100 4" X 12" X 12' S4S, 8# $1.295 $129.50 $1.310 $131.00 15 1,000 4" X 12" X 16' SISIE, 8# $1.295 $1,295.00 $1.110 $1,110.00 1,000 4" X 12" X 16' S48, 8# $1.295 $1,295.00 $1.310 $1,310.00 16 1,000 4" X 12" X 20' SISIE, 8# $1.400 $1,400.00 $1.110 $1,110.00 7,000 4" X 12" X 20' M, 8# $1.400 $1,400.00 $1.310 $1,310.00 17 1,000 4" X 12" X 24' SISIE, 8# $1,505 $1,505.00 $1.175 $1,175.00 1,000 4" X IT X 24' M, 8# $1.505 $1,505.00 $1.375 $1,375.00 ~l')g PAGE S8 ITEM EST. BOARD DESCRIPTION ALLTREATED KENNEDY SAW MILLS SHREVEPORT,LA LUFKIN CREOSOTING LUFKIN,TX NO FEET UNLESS NOTED UNIT TOTAL UNIT TOTAL 18 3,000 6" X 12" X 24' SISIE, 8# $1.505 $4,515.00 $1.175 $3,525.00 3,000 6" X 12" X 24' S4S, 8# $1.505 $4,515.00 $1.375 $4,125.00 19 1,000 10" X 12" X 24' SISIE, 12# $1.568 $1,568.00 $1.175 $1,175.00 1,000 10" X 12" X 24' S4S, 8# $1.568 $1,568.00 $1.375 $1,375.00 20 3,000 12" X 12" XX24' SISIE, 12# $1.568 $4,704.00 $1.175 $3,525.00 3,000 12" X 12" X 24' S4S, 8# $1.568 -$4,704.00 $1.375 $4,125.00 21 4,000 3" X 8" X 12' ROUGH, 8# $1.155 $4,620.00 $1.085 $4;340.00 22 1,000 3" X 8" X 16' ROUGH, 8# $1.190 $1,190.00 $1.085 $1,085.00 23 1,000 3- X 8" X 20' ROUGH, 8# $1.330 $1,330.00 $1.085 $1,085.00 24 10,000 3" X 8" X 24' ROUGH, 8# $1.435 $14,350.00 $1.120 $11,200.00 25 100 3" X 12" X 12' ROUGH, 8# $1.295 $129.50 $1.085 $108.50 26 1,000 4" X 6" X 12' ROUGH, 8# $1.050 $1,050.00 $1.085 $1,085.00 27 1,000 4" X 6" X 16' ROUGH, 8# $1.155 $1,155.00 $1.085 $1,085.00 28 1,000 4" X 6" X 20' ROUGH, 8# $1.295 $1,295.00 $1.085 $1,085.00 29 11000 4" X 6- X 24' ROUGH, 8# $1.435 $1,435.00 $1.120 $1;120.00 30 1,000 4" X 8" X 12' ROUGH, 8# $1.155 $1,155.00 $1.085 $1,085.00 31 1,000 4" X 8" X 16' ROUGH, 8# $1.190 $1,190.00 $1.085 $1,085.00 32 3,000 4" X 8" X 20' ROUGH, 8# $1.330 $3,990.00 $1.085 $3,255.00 33 1,000 4" X 8" X 24' ROUGH, 8# $1.435 $1,435.00 $1.120 $1,120.00 34 100 4" X 12' X 12' ROUGH, 8# $1.295 $129.50 $1.085 $108.50 35 1,000 4" X 12" X 16' ROUGH, 8# $1.295 $1,295.00 $1.085 $1,085.00 36 1,000 4" X 12" X 20' ROUGH, 8# $1.400 $1,400.00 $1.085 $1,085.00 37 1,000 4"X12"X24' ROUGH, 8# $1.505 $1,505.00 $1.120 $1,120.00 38 1,000 6" X 12" X 24' ROUGH, 8# $1.505 $1,505.00 $1.120 $1,120.00 39 1,000 10" X 12" X 24' ROUGH,12# $1.568 $1,568.00 $1.120 $1,120.00 40 3,000 12" X 12" X 24' ROUGH,12# $1.568 $4,704.00 $1.120 $3,360.00 NOTICE FOR SPECIAL ORDERS: LOCATION OF PLANT: MINIMUM DELIVERY QUANTITY: 30-60 Days Benton, LA 96,000 b/f or 46,000 Ibs 10 Days Lufkin, TX 7,000 b/f RECOMMENDATION: Primary Vendor - Lufkin Creosoting cond Vendo Ken d Saw Mills COURT APPROVAL: DATE: VOL 79 PAGE s9 REQUEST FOR SALVAGE DESIGNATION 1. Desk top shelf 2. IBM high speed printer 3. lateral file cabinet 4. desk, single pedestal w/free standing "L" 5. student computer type work stations from boot camp not working at all broken in pieces poor condition broken in pieces This property was offered to Brazos County departments with no response, then advertised at public auction with no bids received. 'VOL 7o PAGE 66 THE ITEMS LISTED ABOVE ARE APPROVED FOR SALVAGE DESIGNATION: DONALD LAMPO CONSTABLE PRECINCT 2 - BRAZOS COUNTY 300 E 26TH ST STE 109-B BRYAN TX 77803-5363 (979)361-4477 (979)361-4455 FAX 2005 Racial Profiling Data Report In September 2001 legislation was enacted to address Racial Profiling in Texas. Senator Royce West introduced SB1074 which: * Defined Racial Profiling * Outlined procedures to be followed by Police Departments * Established reporting and training requirements Definition: Racial Profiling is a law enforcement initiated action based solely on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Since the inception of SB 1074 the Brazos County Constable Pct. 2 Office has been collecting deputy contact data for the purpose of identifying and responding, if necessary, to concerns regarding racial profiling practices. 2005 Tier 1 Data Report Traffic-Related Contact Information (3/1/05-2/28/05) Race/Ethnici * Contacts Searches Consensual Searches PC Searches N % N % N % N % Caucasian 189 52 43 48 20 60 9 52 African 78 21 28 31 7 21 3 17 Hispanic 91 25 18 20 6 18 5 29 Asian 2 .005 1 0 0 0 0 0 Other 3 .008 0 0 0 0 0 0 Race/Ethnici * Incident to Arrest Citations in N % N % N % Caucasian 14 35 58 51 123 53 African 18 46 21 18 52 22 Hispanic 7 17 32 28 51 22 Asian 0 0 1 .008 0 0 Other 0 0 2 .017 2 .008 VOL PAGE 61