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
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VOL-7 Y PAGE '/(0
`(~'v v 1
BRAZOSCOUNTY
COMMISSIONERS COURT
J~k DAY OF ,
206(o AT e d , 1VI M
Name
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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
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VOL 73' PAGE
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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