HomeMy WebLinkAbout2005-12-13-9:00AM-REGULARr~
BRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 13 DECEMBER 2005 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET,
SUITE 115, BRYAN, TEXAS.
I. Invocation and Pledge of Allegiance -Commissioner Peters
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 - 25:
3. Budget Amendment 05/06-10.1 thru 05/06-10.3.
4. Personnel Change of Status.
5. Payment of Claims.
6. Change in the reimbursement of expenses paid to jurors, as requi4red by Senate Bill
1704, 79th Legislative Session (previously tabled).
7. Order No. 2005-012 Restricting Use of Fireworks in unincorporated areas of Brazos
County, Texas.
8. Change the date of the 27 December 2005 regular session of Commissioners Court to
Thursday 29 December 2005 at 9:00 a.m. in the Commissioners Courtroom.
9. Proposed agreement between Brazos County and West Telemarketing LP for
Development and Tax Abatement in Reinvestment Zone Number Nine (9).
10. Appointment of Commissioner Peters to the Board of Directors for Reinvestment Zone
Number Nineteen (19), in accordance with Section 311.003(g) of the Tax Code.
Office of the County Judge . 300 East 200 St. . Suite 114 . Bryan, Texas 77803 . Fax: (979) 3614503
VOL .15 PAGE 14
Commissioners Court Agenda
13 December 2005
Page 2
11. Tax Refund Applications for the following:
a. Michael & Juanita Garrison
b. Treva Annette Carter
12. Commitment to issue a Financial Guaranty Insurance Policy for the Brazos County,
Texas Limited Tax Refunding Bonds, Series 2005.
13. Agreement between Brazos County and the Department of State Health Services for
access to remote online vital statistics records. Term of agreement is from the date of
execution of the agreement by both parties until 31 August 2006.
14. Agreement between Brazos County and Thompson West for Westlaw legal library
services.
15. Lease Amendment with GreatAmerica Leasing Corporation for the copier in the District
Clerk's office.
16. Renewal of the current fuel bid and annual fuel contract with Brenco Marketing, with no
change in mark-up.
17. Blanket Maintenance Agreement with Ikon for copier maintenance. Contract period is
10101105 through 9/30/06.
18. 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.
19. Reappointment of Judge Sims to the Board of Managers for the Brazos County
Emergency Communications District. Term of appointment is 1 January 2006 through
31 December 2007.
20. Payment authorization from the Jail in the amount of $709.92 to Sysco Food Services.
Amount of purchase exceeded the purchase order because the vendor sent double the
amount ordered.
21. Final plat of Wickson Ridge subdivision, 27.460 acres, with right of way dedication of
0.540 acres (along Carrabba Road), Moses A. Foster League, A-16, Brazos County,
Texas. Site is located in Precinct 2
22. Replat of Lot One of Willow Run, Phase One, Volume 2517, Page 179 (official records
of Brazos County), 29.50 acres, John Payne survey, A-195, John Childress survey, A-92,
Brazos County, Texas. Site is located in Precinct 1.
23. Request from Brushy Water Supply Corp. to construct a road bore in the right of way of
River Road at its intersection with the south end of Dogwood Trail. Site is located in
Precinct 1.
VOL'15 PAGE 03
Commissioners Court Agenda
13 December 2005
Page 3
24. Request from Brushy Water Supply Corp.
River Road at its intersection with the nc
Precinct 1.
to construct a road bore in the right of way of
rth end of Dogwood Trail. Site is located in
25. Request from Brushy Water Supply Corp. to construct a road bore and 350 feet of 4 inch
PVC water line in the right of way of River Road at its intersection with Lightsey Lane.
Site is located in Precinct 1.
26. Announcement of interest items and possible future agenda topics.
27. Call for citizen input and/or concerns.
28. Agency / Board / Committee reports by Court members.
29. 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 -75 PAGE 141
COMMISSIONERS' COURT
REGULAR MEETING
DECEMBER 13, 2005
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, December 13, 2005 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.
Commissioner Peters gave the invocation and led the
pledge of allegiance.
Under citizen input/and or concerns, the County Judge
read aloud the procedures for addressing the Court. The
following spoke:
Karen Hall
a) Asked the Court to consider a future agenda
item to clearly define the meaning of
eminent domain and its use in Brazos
County.
The Court next considered Budget Amendment #05/06-10.1
Vol 15 Page 145
Commissioners Court meeting December 13, 2005 2
through 10.3, which would reallocate funds for Agriculture
Extension, increase the budget for Emergency Management,
and transfer funds from Contingency to the Information
Technology Department. 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.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7014068 through 7014322
On motion by Commissioner Cauley, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was consideration of a
change in the reimbursement of expenses paid to jurors, as
required by Senate Bill 1074, 79th Legislative Session. The
County Judge stated that the Justice of the Peace Court jurors
should be paid $15.00 for the first day. Then on motion by
Vol q5 Page 1 4 .
Commissioners Court meeting December 13, 2005
the County Judge, seconded by Commissioners Peters and Cauley,
the Court voted unanimously to remove this item from the
agenda.
The next matter before the Court was to consider adopting
Order #05-012 Restricting the Use of Fireworks in the
Unincorporated Areas of Brazos County, Texas. This is
necessitated due to the drought conditions that exist in the
county. On motion by the County Judge, seconded by
Commissioner Wassermann, the Court voted unanimously to adopt
the Order Restricting the Use of Fireworks in the
Unincorporated Areas of Brazos County, Texas. A copy of the
Order is attached hereto.
The Court next considered changing the date of the
December 27, 2005 Commissioners Court meeting to Thursday,
December, 29, 2005. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to change the date of this one meeting.
The Court next considered a Tax Abatement Agreement
between Brazos County and West Telemarketing LP. Bob Malaise,
representing the Research Valley Partnership, informed the
court that the re-investment zone has been reinstated and that
the tax exemption shall exempt the value of the personal
property only. This is a four (4) year abatement. West will
Vol q5 Page 01
Commissioners Court meeting December 13, 2005
4
employ eight hundred (800) employees with a payroll of $15
million
dollars.
All employees
and
supervisors
will
be hired
locally.
Under the
conditions of
the
abatement,
the
following
rates shall be in effect for the following years:
Year o of Abatement
2006
800
2007
600
2008
40%
2009
200
On motion by Commissioner Mallard, seconded by Commissioner
Cauley, the Court voted unanimously to grant the tax abatement
to West Telemarketing LP.
The next matter before the Court was the appointment of a
representative of the Court to serve on the Board of Directors
for Reinvestment Zone Number Nineteen (19). The County Judge
moved to appoint Commissioner Peters to be the County's
representative on the Board of Directors for Reinvestment Zone
Number Nineteen (19). Commissioner Wassermann seconded the
motion. Commissioners Wassermann, Mallard, Cauley and the
County Judge voted "Aye". Commissioner Peters abstained. The
motion carried.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a) Michael & Juanita Garrison, Over Payment $248.68
Vol Page 149
Commissioners Court meeting December 13, 2005 a
b) Treva Annette Carter, Over Payment $606.69
On motion by the County Judge, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
applications.
The Court next considered executing a Commitment to Issue
a Financial Guaranty Insurance Policy in relation to the
$6,005,000 Brazos County, Texas Limited Tax Refunding Bonds,
Series 2005. On motion by Commissioner Peters, seconded by
the County Judge, the Court voted unanimously to authorize the
County Judge to execute a Commitment to Issue a Financial
Guaranty Insurance Policy in relation to the $6,005,000 Brazos
County, Texas Limited Tax Refunding Bonds, Series 2005.
The Court next considered entering into agreement with
the Department of State Health Services, Bureau of Vital
Statistics to provide on-line computer services to search data
bases, locate data, and issue Certifications of Vital Records.
The cost to Brazos County will be $1.83 for each Certification
of vital Recorded printed as a result of searches of the data
base. The term of the agreement will begin upon its execution
by both parties and will continue in force and effect until
August 31, 2006. On motion by Commissioner Cauley, seconded
by Commissioner Peters, the Court voted unanimously to enter
into agreement with the Department of State Health Services,
Vol 15 Page 11q
Commissioners Court meeting December 13, 2005 6
Bureau of Vital Statistics and authorized the County Judge to
execute the Agreement on behalf of Brazos County. A copy of
the Agreement is attached.
The Court next considered the request from Eric Caldwell,
Director of the Information Technology Department, for the
Court to approve an Agreement between Brazos County and
Westlaw for legal library services. Westlaw will provide hard
copies of legal publications at a substantial savings as well
as online access to their electronic legal library. Mr.
Caldwell requested that this be removed from the agenda and
that a Workshop be scheduled for users. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to table consideration.
The next matter before the Court was consideration of a
Lease Amendment with Great America Leasing Corporation,
covering the copier in the District Clerk's office. An
additional feature was requested for two-sided copying and
this will increase the monthly charge by $8.09. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the lease amendment. A
copy is attached.
The Court next considered renewal of the Fuel Bid with
Brenco Marketing. This is at the same mark-up currently being
Vol ?-5 Page 15d
Commissioners Court meeting December 13, 2005 7
paid. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to renew the
fuel bid with Brenco Marketing.
The next matter before the Court was a Blanket
Maintenance Agreement with IKON for copier maintenance. The
contract period is from October 1, 2005 through September 30,
2006. The cost to the County is $968.00 per month base,
721,500 copies per year and overage to be billed at .0161
calculated and paid annually. On motion by Commissioner
Peters, seconded by Commissioner Cauley, the Court voted
unanimously to approve the agreement and authorized the County
Judge to execute the document.
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 Cauley, the Court voted unanimously to declare
the property as salvage and authorized its destruction or
other disposal. A list of the property is attached.
The next matter before the Court was the reappointment of
a representative from the Court to serve on the Board of
Managers for the Brazos County Emergency Communications
District. The term of the appointment is January 1, 2006
Vol 15 Page / 5 /
Commissioners Court meeting December 13, 2005 8
through December 31, 2007. Commissioner Cauley moved to
reappoint the County Judge, Commissioner Peters seconded the
motion. Commissioners Wassermann, Peters, Mallard and Cauley
voted "Aye". The County Judge abstained. The motion carried.
The Court next considered a payment authorization written
by the Jail in the amount of $709.92 and issued to Sysco Food
Services. The vendor sent double the amount of the original
order but the provisions had already been distributed to the
inmates before the error was caught and therefore could not be
returned. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the payment authorization.
The Court next considered approval of the Final Plat of
Wickson Ridge Subdivision, 27.460 Acres, with Right-of-Way
Dedication of 0.540 Acres along Carrabba Road in Precinct 2.
Richard Vance, County Engineer, stated that he had reviewed
the plat and finding everything in order, recommended
approval. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the final plat of Wickson Ridge Subdivision, 27.460
Acres, with Right-of-Way Dedication of 0.540 Acres along
Carrabba Road as submitted.
The Court next considered approval of the Re-Plat of
Vol 15 Page
Commissioners Court meeting December 13, 2005 9
Willow Run Phase One Subdivision in Precinct 1. Richard
Vance, County Engineer, stated that he had reviewed the plat
and all appeared to be in order. On motion by Commissioner
Wassermann, seconded by Commissioner Peters, the Court voted
unanimously to approve the re-plat of the Willow Run Phase One
Subdivision as submitted.
The Court next considered the request from Brushy Water
Supply Corporation to construct a road bore in the right-of-
way of River Road at its intersection with the south end of
Dogwood Trail. The site is located in Precinct 1. The County
Engineer stated that all appeared to be in order and
recommended approval. On motion by Commissioner Wassermann,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the request from Brushy Water Supply Corporation
and authorized the installation. A copy of the request is
attached hereto.
The Court next considered the request from Brushy Water
Supply Corporation to construct a road bore in the right-of-
way of River Road at its intersection with the north end of
Dogwood Trail. The site is located in Precinct 1. The County
Engineer stated that all appeared to be in order and
recommended approval. On motion by Commissioner Wassermann,
seconded by Commissioner Cauley, the Court voted unanimously
Vol q!5 Page 153
Commissioners Court meeting December 13, 2005 10
to approve the request from Brushy Water Supply Corporation
and authorized the installation. A copy of the request is
attached hereto.
The Court next considered the request from Brushy Water
Supply Corporation to construct a road bore and 350 feet of 4
inch PVC water line in the right-of-way of River Road at its
intersection
with Lightsey Lane.
The
site
is
located
in
Precinct 1.
The County Engineer
stated
that
all
appeared
to
be in order and recommended approval. On motion by
Commissioner Wassermann, seconded by Commissioner Peters, the
Court voted unanimously to approve the request from Brushy
Water Supply Corporation and authorized the installation. A
copy of the request is attached hereto.
The next matter before the Court was consideration of an
addendum to the agenda. The Court considered an Interlocal
Agreement with the City of College Station for Animal Control
Services. Term of the agreement is from January 1, 2006
through September 30, 2006. On motion by the County Judge,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the agreement. A copy is attached.
There was no announcement of interest items and possible
future agenda topics.
Under citizen input and/or concerns, the following spoke:
Vol ~5 Page 15Y
Commissioners Court meeting December 13, 2005
Sheriff Chris Kirk
a) Informed the Court that he received the
Auditor's report in which it stated that
the County received $87,090.00 from the
Alien Criminal Program.
Under Agency/Board/Committee reports by Court members,
the following spoke:
County Judge
a) Asked when the interviews for Emergency
Management would be concluded.
There being no further business to come before the Court,
the meeting was adjourned.
Vol `75 Page 1,56
The foregoing minutes of the Commissioners Court meeting held
December 13, 2005 have been examined and are approved in open
Court this the 2I,{- day of 2006, in Bryan,
Brazos County, Texas.
k
Duane Peters
Commissioner, Precinct 2
~-drey ~-a ley, Jr.
Commiss' over, Precinc , 4
Attest:
Naen McQueen
County Clerk
Lloyd Wassermann
Commissioner, Precinct 1
Kenny Malla
Commissioner, Precinc 3
Vol -7 5 Page 1 56
04
BRAZOS COUNTY COMMISSIONERS COURT
MEETING 0 N2005 T 9'0 v
'I1 A~2E L L
(J\
VOL-75PAGE )57
BRAZOS COUNTY COMMISSIONERS COURT P7 ~ ~
MEETING ON ka~,, LLzl /3 2005 AT <'00 *
Name
Organization/Department
I~caz~
fSc
VOL -75 PAGE PS 9'
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR
NO. 05/06-10.1 thru 05/06-10.3
On this the 1P day of December 2005 at a regularmeeting 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 13 December 2005 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 13'h day of December 2005.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
Sims, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
VOL~5 PAGE 1 501
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 05/06 -10.1
19/1d/9Mc
FD
DIV
ACCT
PROJ
DR/CR
rACCOUNT NAME
Increase
Decrease
0100
37000100
60260000
CR
Education Su lies
0100
37000100
60500000
DR
Office E ui ment
295.0
295.00
0
V%t 75 PAGE 1&0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 05/06 - 10.2
12/14/2005
FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease
0100 48035200 35500005 CR FEMA - Hurricane Katrina 250,000.00
0100 3550010 61450000 35500005 DR Misc. Expenditures 250,000.00
Emergency Management - To increase the budget for revenues and expenditures
for the anticipated costs for the housine voucher system.
VOL 75 PAGE 10
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 05/06 -10.3
VOL-75 PAGE /6°
PERSONNEL
CHANGE OF STATUS REQUESTS
Uommissioner Court Date: December 13, 2005
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on 1
Department Submitting Employee Request Action Requested
Request(s) Applies To
Human Resources
Patterson, Zena
Termination
SO/Jail
Martinez, Jerome Career Ladder Incr.
McIlhaney, Andrea New Hire
Juvenile Services
Aguilar, Dana
Robinson, Leonard
Dorsey, Susana
Career Ladder Incr.
Career Ladder Incr.
Resignation
Approved in Commissioners' Court: Decembei
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
VOL 16 PAGE Ili
~7
BRAZOS COUNTY
BRYAN,TEXAS
ORDER NO. 05-012
RESTRICTING USE OF FIREWORKS
IN UNINCORPORATED AREAS OF BRAZOS COUNTY, TEXAS
WHEREAS, the Texas Forest Service has determined that drought conditions exist in Brazos
County; and
WHEREAS, on the 13th day of December, 2005, the Commissioners Court of Brazos County
has determined that the normal danger of fire in the unincorporated areas of Brazos County is
greatly enhanced by the extremely dry conditions now existing;
NOW, THEREFORE, the Commissioners Court of Brazos County adopts this Order
prohibiting the sale or use of restricted fireworks in the unincorporated areas of Brazos County.
A. No person may sell, detonate, ignite, or in any way use fireworks classified under 49
C.F.R. part. 173.100(R)(2) (10-1-86 edition), as "skyrockets with sticks" and "missiles
with fins" in any portion of the unincorporated area of Brazos County.
B. This Order does not prohibit:
1. common fireworks, small in size, classified as Class C explosives;
2. large firework devices designed primarily to produce visible or audible effects by
combustion, deflagration, or detonation and classified as Class B explosives by
the U.S. Department of Transportation (TEX. OCC. Code, Chapter 2154).
C. A person commits an offense if the person knowingly or intentionally violates a
prohibition established by this Order. An offense under this Order is a Class C
misdemeanor.
APPROVED this the 13[11 day of December, 2005, by the Brazos
ATTEST:
Sims, County Judge
G ~ v
Karen McQueen, Coun y Clerk
Office of the County Judge • 300 East 26'" St. • Suite 114 Bryan, Texas 77803
VOL73 PAGE
Court.
• Fax: (979) 361-4503
AGREEMENT FOR DEVELOPMENT AND TAX
ABATEMENT IN REINVESTMENT ZONE NUMBER NINE (9)
COMMERCIAL TAX ABATEMENT, BRAZOS COUNTY, TEXAS
STATE OF TEXAS
COUNTY OF BRAZOS
This Agreement entered into by and between BRAZOS COUNTY, TEXAS, a political
subdivision of the State of Texas, acting herein by and through its duly elected Commissioners
Court, (hereinafter referred to as "COUNTY"), and WEST TELEMARKETING LP, a Delaware
Limited Partnership (hereinafter referred to as "OWNER").
WITNESSETH:
WHEREAS, the City Council of the City of Bryan, Texas, adopted an ordinance on
November 22, 2005 establishing Reinvestment Zone Number Nine (9) for Commercial Tax
Abatement, City of Bryan, Brazos County, Texas (hereinafter referred to as "Zone") as authorized
by CHAPTER 312, TEXAS TAX CODE.
Now, therefore, in order to provide for the proper development of property in the Zone and
to aid in the conduct of the operation thereof to the best interest of BRAZOS COUNTY, Texas, in
accordance with the above-referenced ordinances and statute, the parties do mutually agree as
follows:
1. The real property on which the personal property and equipment ("Property") to be abated
pursuant to this Agreement will be situated is a 10.00 acre tract of land out of the Richard Carter
Survey, Abstract No. 8, Bryan, Brazos County, Texas, more particularly described by metes and
bounds in Exhibit "A". The Property and all improvements constructed thereon will be hereinafter
referred to as "the Premises".
2. All of the following obligations of OWNER form the consideration for COUNTY
entering into this Agreement:
a. OWNER's commitment that it will create new jobs and increase its payroll at its
business operations in Bryan, Texas to at least a $15,000,000 total annual payroll within
its first 24 months of operations and shall maintain that total annual payroll for the term
of the agreement.
b. OWNER's commitment to invest at least $3,000,000 on the purchase of new furniture,
fixtures and equipment for use at the company's location in Bryan, Texas on or before
December 31, 2006.
c. In addition to the payroll requirement, Owner's commitment to provide health
insurance, including dental and vision coverage, a 401 (k) retirement program and tuition
reimbursement for all employees working a 30 hour work week or more.
3. OWNER agrees to construct all improvements in accordance with all applicable laws,
ordinances, codes, rules, requirements or regulations of BRAZOS COUNTY, Brazos County, the
State of Texas, and the United States, and any subdivision, agency or authority thereof in effect
at the time of development.
V'OL75 PAGE 165
4. OWNER agrees that the site plan, exterior design drawings, specifications and
materials (hereinafter referred to as "Plans") for each improvement will be submitted to COUNTY,
and/or its designated representative, for approval, which Plans are incorporated herein for all
purposes. An official set of Plans will be designated by the OWNER and kept on file with the
COUNTY.
5. OWNER shall keep the Premises insured against loss or damage by fire or any
other casualty at full replacement value by purchasing insurance or through a self-insurance
program. OWNER shall furnish BRAZOS COUNTY's Risk Manager with either a certificate of
insurance or satisfactory documentation of its self-insurance program.
6. OWNER shall submit written notice to COUNTY within ninety (90) days after
the Premises are materially damaged by fire or any other casualty. The notice shall either set
forth the dates OWNER will commence and complete the repair, remodeling or renovation of the
damaged Premises or state that OWNER will not undertake such repair, remodeling or
renovation. If OWNER notifies COUNTY that it will not undertake repair, remodeling or
renovation of the damaged Premises, or if OWNER fails to complete the repair, remodeling or
renovation by the completion date set forth in OWNER's notice to COUNTY, then COUNTY
shall terminate this Agreement and COUNTY shall recapture from OWNER all property tax
revenue COUNTY has lost as a result of this Agreement as required by §312.205(a)(4), Texas
Property Tax Code.
7. OWNER agrees to provide COUNTY and its designees access to the Premises
during regular business hours throughout the term of this Agreement for the purposes of
inspection and examination of books, records, construction, workmanship, materials, and
installations to determine that OWNER has complied with any requirement of this Agreement.
8. OWNER agrees to limit the use of the Premises consistent with the general
purpose of encouraging development or redevelopment within Reinvestment Zone No. 9 while
partial abatement of ad valorem taxes is in effect pursuant to this Agreement.
9. OWNER represents and warrants that no member of the Brazos County
Commissioners Court has an interest in the Premises and that the same are not owned or leased
by any member of the Brazos County Commissioners Court.
10. OWNER agrees that COUNTY assumes no liability or responsibility by
approving plans or making inspections in the event there is a defect in the improvements
constructed on the Premises. The relationship between COUNTY, OWNER, and any taxing unit
shall not be deemed to be a partnership or joint venture for purposes of this Agreement.
11. OWNER shall indemnify, hold harmless and defend COUNTY, its employees,
officials, and agents from and against any and all obligations, claims, suits, demands and liability
or alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements
and related expenses arising in any manner from OWNER's construction, use and operation of
the Premises, provided, however, that OWNER shall not be required to indemnify and hold
COUNTY harmless for injury or harm caused by COUNTY's negligence or willful misconduct.
12. OWNER agrees to pay all ad valorem taxes and assessments (except as abated
pursuant to this Agreement or otherwise exempt) owed to COUNTY prior to such taxes and/or
assessments becoming delinquent. OWNER shall have the right to contest in good faith the
validity or application of any such tax or assessment and shall not be considered in default
2
u`O1-7-5 PAGE 16
hereunder so long as such contest is diligently pursued to completion. In the event that OWNER
contests such tax or assessment, all uncontested taxes and assessments shall be promptly paid to
City prior to delinquency. If OWNER undertakes any such contest, it shall notify COUNTY and
keep COUNTY informed of the status of such contest. Should OWNER be unsuccessful in any
such contest, OWNER shall promptly pay all taxes, penalties and interest resulting therefrom.
13. OWNER agrees that a default occurs if: (i) OWNER does not maintain the
Premises in good condition, wear and tear excepted; (ii) OWNER fails to repair, remodel or
renovate any material damage or destruction of the Premises as provided for in Section 6 above;
(iii) OWNER fails to use the Premises for the purposes contemplated by this Agreement or
allows the same to become vacant; (iv) OWNER does not pay all non-abated taxes in the manner
required by Section 12 hereof; (v) OWNER fails to comply with all applicable statutes,
administrative regulations, or ordinances of the United States, the State of Texas and/or
BRAZOS COUNTY governing the operations or maintenance of the Premises or the conduct of
OWNER's business in Bryan, Texas; (vi) OWNER fails to perform its obligations under Section
2a., 2b., or 2c. of this Agreement; or (vii) OWNER fails to comply with any other duty or
obligation arising under this Agreement. COUNTY shall notify OWNER in writing of such
default, and OWNER shall have thirty (30) days after receipt of such written notice, to cure any
default, if the default can be cured. If OWNER fails to cure such default, or if OWNER's
default can not be cured, COUNTY may, at COUNTY's sole option (except as to a default
defined in (ii) above, which shall be governed by Section 6 of this Agreement) require OWNER
to pay the current year's taxes in full or COUNTY may terminate this Agreement and recapture
from OWNER a sum of money equal to all of the tax revenues COUNTY has lost due to the
partial abatement of taxes on real property improvements from the inception of this Agreement.
The remedies listed in this paragraph shall be in addition to any other remedies that COUNTY
may have, both legal and equitable.
14. OWNER agrees to submit to the Research Valley Partnership, Inc. ("RVP") as
agent for the COUNTY, no later than December 31, 2006 and on December 31' of each year
thereafter during the term hereof, a certified report executed by a duly authorized officer of
OWNER in the form to be promulgated and supplied by the RVP verifying compliance with the
payroll and capital expenditure requirements of this Agreement.
15. This Agreement shall be for a term of four (4) years unless sooner terminated.
The partial exemption from ad valorem taxation of real property improvements during each tax
year covered by this Agreement shall be computed by taking a percentage of the increase in
value of the Property and the Premises on January 1't of each tax year over the value on January
I't of 2005, which is the year this Agreement was executed by OWNER and COUNTY. The
agreed value of the Property was $0 on January 1, 2005, which was derived from existing
records and the best estimate of value available from the Brazos County Appraisal District. The
partial exemption percentages are as follows:
Tax Year Percentage of Increased Value over
January 1. 2005 Value to be Abated
Year 1 (2006) 80%
Year 2 (2007) 60%
Year 3 (2008) 40%
3
VOL 1'hUL 167
Year 4 (2009) 20%
16. Miscellaneous.
Severability. If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws effective while this Agreement is in effect, such
provision shall be automatically deleted from this Agreement and the legality, validity and
enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in
lieu of such deleted provision, there shall be added as part of this Agreement a provision that is
legal, valid and enforceable and that is as similar as possible in terms and substance as possible
to the deleted provision.
a. Texas law to annly. This Agreement shall be construed under and in accordance
with the laws of the State of Texas and the obligations of the parties created hereunder are
performable by the parties in Brazos County, Texas. Venue for any litigation arising under this
Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas.
b. Sole Agreement. This Agreement constitutes the sole and only Agreement of the
Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior
understandings or written or oral agreements between the parties.
C. Amendments. No amendment, modification or alteration of the terms hereof shall
be binding unless the same shall be in writing and dated subsequent to the date hereof and duly
executed by the parties hereto. Any proposed amendment, modification or alteration shall be
provided to The City of Bryan and to the Bryan Independent School District for review and
comment prior to adoption by the Brazos County Commissioners Court.
d. Rights and Remedies Cumulative. The rights and remedies provided by this
Agreement are cumulative and the use of any one right or remedy by either party shall not
preclude or waive its right to use any and all other legal remedies. Said rights and remedies are
provided in addition to any other rights the parties may have by law, statute, ordinance or
otherwise.
e. No Waiver. COUNTY's failure to take action to enforce this Agreement in the
event of OWNER's default or breach of any covenant, condition, or stipulation herein on one
occasion shall not be treated as a waiver and shall not prevent COUNTY from taking action to
enforce this Agreement on subsequent occasions.
f Assignment . OWNER shall not assign this Agreement without the written
approval of the Brazos County Commissioners Court. A change in ownership of a majority of
the stock of OWNER is an assignment for the purposes of this paragraph. If OWNER assigns
this Agreement without written approval of the Brazos County Commissioners Court, this
Agreement shall terminate immediately and the partial abatement of taxes on the real property
provided for herein shall cease from the date such unauthorized assignment occurred.
g. Notices. COUNTY and OWNER hereby designate the following individuals to
receive any notices required to be submitted pursuant to the terms of this Agreement:
4
COUNTY
Randy Sims, County Judge
300 E. 266' Street
Bryan, Texas 77803
CITY OF BRYAN
CITY MANAGER
P.O. Box 1000
Bryan, Texas 77805-1000
OWNER
WEST TELEMARKETING LP
11808 Miracle Hills Drive
Omaha, Nebraska 68154
BRYAN INDEPENDENT SCHOOL DISTRICT
Chris Peterson, President - Board of Trustees
101 N. Texas Avenue
Bryan, Texas 77803
The parties hereto have executed this Agreement in duplicate originals, each of equal
dignity. Each party has stated the execution date below the signature of its authorized
representative. If the parties sign this Agreement on different dates, the later date shall be the
effective date of this Agreement for all purposes.
Randy S' , County Judge
Execut on:
WEST TELEMARKETING LP
BY:
Executed on:
5
VOL-) PAGE
(Title)
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i~~Jl7J~ PAGE 110'
Exhibit B -1
Personal Property Llet- West Telemarketing LP
F1f
San
P
Bu etAmOMM
Totak
7edsiul 5avcas
I, PUi
Omakkao
For R0uldl a6pRPOSBms
550
5140 .00
A40
MWAM 1T am)
For 6 POWms
600
150.00
B Cabired
Mro~elenaom we Sb
1
.00
raspgMe"T
ar6. flC.
1
600.00
U"Vs 7
emwo wwwa Lapops
2
17000.00
Su
SM.290.00
Sever Saviors
ICE
V
1
5214000.00
CTC
sss
2
S 000.00
IAOIaeo6 fleas
m CAL%
520
519500.00
S6s
CCawrokrWFileA
6
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5327,500.00
//eMek
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2
830A0
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& Achas
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$51410.00
A
2
519 050.00
clew 11Mmlamte
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#7500.00
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5261,710.00
T1110=1 Mice)
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620
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Gmtal s
and Lkwe"
1
584000.00
TeAspham T
~ neb
1
525000.00
51.333.000.00
KiOeks
SWJm
4
18000.00
Sub-tDW
51800000
Tend=
adem P
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4
$1 2,000.00
Sub-IOW
512.000.00
Grant Tebd
,00
CS eT Budget Waa s
VOL 75 PAGE 4 It
SITE
PROJECT NAME: BryardCollegs Station, TX
PRELIMINARY BUDGET - October 7, 2005
Scope of project 3101 University Drive East Bryan Texas 77802 new site start up costs.
Approval (VP or above): K, MulderlJ. Sonley
Engineering Fees
Architecture[ Fees
Construction
Mechanical
Furniture
Sealing
Furniture Instelletionllabor
Carpet
Flooring
Security
wage
UnknowNMisc.
Facilities Sub-total:
$ 8,000.00 Morrissey
Facilities Budget
$ NIA
S 45.000.00
$195,000.0 Reference KO Email dated 10/08/05
WA
$127.000.00 Training rooms, podiums. RATS. cog seats, offices
$ 84,200.00 Training rooms, podiums, ARTS, call seats,. offices, staff
S 17,300.00
S 4,000.00
S WA
$ 80,000.00 CCTV. Badgirg 6 Access Systems
S 5,000.0 Includes electrical 8 pairs
$ 5.000.00
$ 5,000.00 Contingency
$556,too oo
Facilities Budget Currentty no chairs at site except for it* breakroom. HR apace will need waft removed and minor renovation to
Notes- ammmodate AATS stations and waiting area. VWI send walling room chairs from Omaha Inventory. Current 2
training rooms and one being converted does not have carpet. To meet the training roan seat requirement, all new
Technical Budget
Network Engineering
Server Administration
Tech SeMms
Telecom
Tandem
Technical Sub-total:
Technical Budget Technical numbers have already been submitted and approved.
Notes:
Purchasing Budget
Copier/Pnrder/Fax $
Purchasing Sub-total: $
-
Purchasing Budget At this time, no additional equipment needed.
Notes:
GRAND TOTAL: $556,100.00
APPROVED BY:
'dactakner. This is orgy a preliminary budget and should not be used for submittal to Accounting for approval of a
Project Actual costs are subject to change.'
Exhibit A-2
r
R-73 eAoE l 7~
Capital Strength. Triple-A Performance.
VIA COURIER
December 6, 2005
Judge Randy Sims
Brazos County, Texas
300 East 26th Street, Suite 114
Bryan, Texas 7780
MBIA Insurance Corporation
113 King Street, Armonk, NY 10504
Tel 914-273-4545
www.mbia.com qr ^
RE: $6,005,000 Brazos County, Texas, Limited Tax Refunding Bonds, Series 2005
Dear Judge Randy Sims:
Enclosed please find the following documents for the referenced issue:
1. Two Commitments, each of which should be executed and one original returned to
our offices in the enclosed self-addressed stamped envelope. The second
Commitment should be retained for your files;
2. Disclosure language and a form of the Financial Guaranty Insurance Policy (the
"Policy") for inclusion in the Official Statement;
3. A form of our Statement of Insurance for printing on the Obligations; and
4. A form of our "Payments Under the Policy/Other Required Provisions" for
inclusion in your authorizing document. In the event the authorizing document is
completed prior to choosing MBIA as the insurer, please have the Issuer and
Paying Agent sign the attached "Schedule A".
Please note that all of the conditions to the Commitment must be met prior to the Policy being
released by MBIA. All materials and questions regarding the conditions should be directed to
the attention of Cara Lapicola, whose direct dial telephone number is (914) 765-3404.
In addition, under no circumstances should any changes be made to Items 2, 3 and 4, nor should
any other versions of these materials be used on any financing unless you have direct
confirmation from MBIA as to the acceptability of such changes. Confirmation regarding items
2 and 3 may come only from our Documentation and Closing Department or our Legal
Department and may be written or verbal. Confirmation regarding item 4 should come from
Cara Lapicola. Since the responsibility for this information remains with us, please send us
drafts prior to the printing of any of these documents for our approval.
VOCZPAGE l 7 3
MBIA
December 6, 2005
Judge Randy Sims
Brazos County, Texas
Page Two
The premium in the amount of $15,000 should be wired to our account number 910-2-721728
with JP Morgan Chase Bank on the day of closing. The Bank's number is ABA# 021000021.
Please reference Policy No. 47335 in the wiring instructions. MBIA's claims paying ability is
rated triple A by Fitch IBCA, Inc., Moody's Investors Service and the Standard and Poor's Rating
Group. Inquiries related to ratings on transactions, fees and billing matters should be addressed
to the appropriate rating agency.
Thank you for the copy of the final debt service schedule for this issue. We would also
appreciate receiving three copies of the final official statement and two executed CD-Rom copies
of the closing transcripts within 60 days of the closing.
Thank you for your cooperation concerning these matters. If you have any questions, please
contact our offices.
Sincerely,
e DeGennaro
Associate
Documentation and Closing Dept.
Direct Dial: (914) 765-3864
Fax: (914) 765-3161
joanne.degennaro@mbia.com
va_'5 PAGE17'f-
DISTRIBUTION LIST
2005-011131
Bond Counsel
Winstead Sechrest & Minick
700 North St. Mary's Street
Suite 1900
San Antonio TX 78205
Doris Alderman
Phone: 210-277-6802
Fax: 210-277-6810
Clay Binford
Phone: 210-277-6804
Fax: 210-277-6810
Paul Martin
Phone: 210-277-6801
Fax: 210-277-6810
Financial Advisor
Public Financial Management, Inc.
700 Lavaca
Suite 1500
Austin TX 78701
Dennis P. Waley
Phone: 512-472-7194
Fax: 512-472-0932
Bill Newman
Phone: 512-472-7194
Fax: 512-472-0932
Issuer
Brazos County
300 East 26th Street
Suite 114
jq&,n ,Tk e~63
Judge Randy
Sims
Phone:
979-361-4102
Fax:
979-823-6993
Ruth McLeod
Phone: 979-361-4103
Fax: 979-823-6993
Candy Gallego
Phone: 979-361-4104
Fax: 979-823-6993
Pavin¢ Aaent
US Bank Corporate Trust Services
14241 Dallas Parkway
Suite 490
Kevin McIlwaine
Phone: 972-458-4506
Fax: 972-386-8370
VOL 75 €A
DISTRIBUTION LIST
2005-011131
Underwriter's Counsel
Andrews & Kurth LLP
111 Congress Avenue
Suite 1700
Austin TX 78701
Underwriter/Trader
Coastal Securities
5555 San Felipe
Suite 2200
Houston TX 77056
Jerry Kyle, Jr.
Phone: 512-370-9271
Fax: 512-542-5211
Gina Sones
Phone: 713-435-4499
Fax: 713-435-4423
VOLJPAGE 74~
/LABIA
COMMITMENT TO ISSUE A
FINANCIAL GUARANTY INSURANCE POLICY
Application No.: 2005-011131-001
Sale Date: December 6, 2005
Program Type: Negotiated DP
Re: $6,005,000 Brazos County, Texas, Limited Tax Refunding Bonds, Series 2005
(the "Obligations")
This commitment to issue a financial guaranty insurance policy (the "Commitment") dated
December 6, 2005, constitutes an agreement between BRAZOS COUNTY, TEXAS (the
"Applicant") and MBIA Insurance Corporation (the "Insurer"), a stock insurance company
incorporated under the laws of the State of New York.
Based on an approved application dated November 28, 2005, the Insurer agrees, upon
satisfaction of the conditions herein, to issue on the earlier of (i) 120 days of said approval date
or (ii) on the date of delivery of and payment for the Obligations, a financial guaranty insurance
policy (the "Policy") for the Obligations, insuring the payment of principal of and interest on the
Obligations when due. The issuance of the Policy shall be subject to the following terms and
conditions:
1. Payment by the Applicant, or by the Trustee on behalf of the Applicant, on the date of
delivery of and payment for the Obligations, of a nonrefundable premium in the amount of
$15,000 [.20% (premium rate) of $7,511,850 (total debt service), premium rounded to the nearest
hundred]. The premium set out in this paragraph shall be the total premium required to be paid
on the Policy issued pursuant to this Commitment.
2. The Obligations shall have received the unqualified opinion of bond counsel with
respect to the tax-exempt status of interest on the Obligations.
3. There shall have been no material adverse change in the Obligations or the Resolution,
Bond Ordinance, Trust Indenture or other official document authorizing the issuance of the
Obligations or in the final official statement or other similar document, including the financial
statements included therein.
4. There shall have been no material adverse change in any information submitted to the
Insurer as a part of the application or subsequently submitted to be a part of the application to the
Insurer.
5. No event shall have occurred which would allow any underwriter or any other
purchaser of the Obligations not to be required to purchase the Obligations at closing.
6. A Statement of Insurance satisfactory to the Insurer shall be printed on the Obligations.
7. Prior to the delivery of and payment for the Obligations, none of the information or
documents submitted as a part of the application to the Insurer shall be determined to contain any
untrue or misleading statement of a material fact or fail to state a material fact required to be
stated therein or necessary in order to make the statements contained therein not misleading.
8. No material adverse change affecting any security for the Obligations shall have
occurred prior to the delivery of and payment for the Obligations.
VOL75_PACE I V
/LABIA
9. The Insurer's "Payments Under the Policy/Other Required Provisions" (see attached)
shall be included in the authorizing document.
10. The Applicant agrees not to use the Insurer's name in any public document including,
without limitation, a press release or presentation, announcement or forum without the Insurer's
prior consent; provided however, such prohibition on the use of the Insurer's name shall not
relate to the use of the Insurer's standard approved form of disclosure in public documents issued
in connection with the current Obligations to be issued in accordance with the terms of the
Commitment; and provided further such prohibition shall not apply to the use of the Insurer's
name in order to comply with public notice, public meeting or public reporting requirements.
11. This Commitment may be signed in counterpart by the parties hereto.
12. Compliance with the Insurer's Standard Conditions for Refundings (see attached).
Dated this 6th day of December, 2005.
BRAZOS U TE
By:
Title: S
VGL5PAGEnY
0181A
STANDARD CONDITIONS FOR REFUNDINGS
A. Receipt by the Insurer of the final debt service schedule on the issue within three business
days from the sale date.
B. Receipt, satisfactory review and subsequent oral approval by the Insurer at least ten days in
advance of closing of draft copies of:
1. a verification by an independent CPA firm of the sufficiency of the escrow to timely
retire the refunded bonds;
2. the escrow securities purchase contracts of SLG subscription forms or open market
confirmations; and,
3. the escrow agreement
Final and signed copies of all the above documents to be sent via overnight mail from closing.
An independent CPA firm is defined as a licensed CPA firm acting at arms length of the
transaction on behalf of the bondholders. It may not be the underwriter, bond counsel or
financial adviser for the refunding issue. The firm must carry errors and omissions insurance.
The Insurer reserves the right to review the provider of the verification on a deal by deal
basis.
C. Receipt by the Insurer at least five business days prior to closing of a draft opinion from Bond
Counsel (or Special Tax Counsel) to the effect that the refunding bonds are being issued in
compliance with state law and that the interest on the refunding bonds is tax-exempt.
D. Receipt by the Insurer at least five business days prior to closing of a draft opinion from Bond
Counsel stating that the refunded bonds have been legally defeased. (This condition is only
applicable in those situations where the refunding issue is legally defeasing the refunded
issue.) Final executed copies of items C and D to be sent via overnight mail.
E. If the escrow agreement allows for the substitution of securities in the escrow account, then it
should be provided in the escrow agreement that no such substitution may occur unless there
has first been delivered to the escrow agent/trustee, (1) a CPA verification that the escrow
investments, as substituted, are sufficient to pay debt service, as it becomes due, on the refunded
bonds and (2) an opinion of nationally recognized bond counsel to the effect that the
substitution is permitted under the documents and the substitution has no adverse effect on the
tax-exempt nature of the refunding bonds. See 2 above for the definition of an independent
CPA.
F. Escrow investments must be limited to:
1. Cash
2. U.S. Treasury Certificates, Notes and Bonds (including State and Local Government
Series "SLGS").
3. Direct obligations of the Treasury which have been stripped by the Treasury itself,
CATS, TIGRS and similar securities.
4. Resolution Funding Corp. (REFCORP) Only the interest component of REFCORP strips
which have been stripped by request to the Federal Reserve Bank of New York in book
entry form are acceptable.
VOL 15 PAGE J ] q
A01BIA
5. Pre-refunded municipal bonds rated "Aaa" by Moody's and "AAA" by S&P. If however,
the issue is only rated by S&P (i.e., there is no Moody's rating), then the pre-refunded
bonds must have been pre-refunded with cash, direct U.S. or U.S. guaranteed obligations,
or AAA rated pre-refunded municipals to satisfy this condition.
6. Obligations issued by the following agencies which are backed by the full faith and credit
of the U.S.:
a. U .S. Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial ownership
b. Farmers Home Administration (FmHA)
Certificates of beneficial ownership
c. Federal Financing Bank
d. General Services Administration
Participation certificates
e. U.S. Maritime Administration
Guaranteed Title XI financing
f U.S. Department of Housing and Urban Development (HUD)
Project Notes
Local Authority Bonds
New Communities Debentures - U.S. government guaranteed debentures
U.S. Public Housing Notes and Bonds - U.S. government guaranteed public housing
notes and bonds
G. If a forward supply contract is being executed in conjunction with the refunding (or
subsequent to the closing of the refunding transaction), the following conditions must also be
met:
1. The Insurer must review and approve the forward supply contract at least five business
days prior to closing (or after closing, at least five business days prior to execution if not
contemplated at the time of closing).
2. The forward supply contract must provide by its terms that the securities delivered under
the forward supply are sufficient (when taken with other funds remaining in the escrow)
as to amount and timeliness to retire the refunded bonds.
3. The Insurer requires an opinion from a nationally recognized bankruptcy counsel that the
securities in escrow and payments to owners of refunded bonds will not constitute assets of the
forward supply contract supplier and will not be subject to automatic stay in the event of
bankruptcy and/or insolvency of the supplier.
4. The supplier of the securities delivered under the forward supply contract must affirm in
the contract that it has no rights to or interest in the monies or securities held in the
escrow.
5. The escrow agent must be acceptable to the Insurer. The Insurer reserves the right to
replace the escrow agent for cause.
6. See 6 above for investments permitted under the forward supply contract. Investments
must be non-callable.
A0101A
7. The supplier should have no right to substitute the original escrow securities. The
supplier may substitute securities previously delivered by the supplier under the forward
supply contract only if.,
a. The substituted securities mature on a date that is later than the previously delivered
securities would have matured; and
b. The substituted securities mature prior to the date needed to pay principal and/or
interest on the bonds.
8. Two days before each delivery date for the forward supply securities, the escrow agent
must notify the Insurer in writing of the securities to be delivered, the maturity amount of
the securities and the maturity date.
9. The forward supply contract cannot be amended or modified without the Insurer's written
consent.
5/6/93
VOL~,PAGE ~JJ
VOL 75 PAGE t gA
PAYMENTS UNDER THE POLICY/OTHER REQUIRED PROVISIONS
A. In the event that, on the second Business Day, and again on the Business Day, prior to the payment date on the Obligations, the Paying
Agent/Trustee has riot received sufficient moneys to pay all principal of and interest on the Obligations due on the second following or following, as the case
may be, Business Day, the Paying Agent/1}ustee shall immediately notify the Insurer or its designee on the same Business Day by telephone or telegraph,
confirmed in writing by registered or certified mail, of the amount of the deficiency.
B. If the deficiency is made up in whole or in pan prior to or on the payment date, the Paying Agent/Trustee shall so notify the Insurer or its
designee.
C. In addition, if the Paying Agent/rrustee has notice that any Bondholder has been required to disgorge payments of principal or interest
on the Obligation to a trustee in Banlauptcy, or creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment
constitutes an avoidable preference to such Bondholder within the meaning of any applicable bankruptcy laws, then the Paying Agent/Trustee shall notify the
Insurer or its designee of such fact by telephone or telegraphic notice, confused in writing by registered or certified mail.
D. The Paying Agent/fmstee is hereby inevocabky designated, appointed, directed and authorized to act as attorney-in-fact for Holders of
the Obligations as follows:
1. If and to the extent there is a deficiency in amounts required to pay interest on the Obligations, the Paying Agent/rnrstee shall
(a) execute and deliver to U.S. Bank Trust National Association, or its successors under the Policy (the "Insurance Paying Agent/rnnstce'), in form
satisfactory to the Insurance Paying Agent/Trustee, an inshunnent appointing the Insurer as agent for such Holders in any legal proceeding related
to the payment of such interest and an assignment to the Insurer ofthe claims for interest to which such deficiency relates and which are paid by the
Insurer, (b) receive as designee of the respective Holders (and not as Paying Agent/Trustee) in accordance with the tenor of the Policy payment
fium the Insurance Paying Agerrt/Tmstee with respect to the claims for interest so assigned, and (c) disburse the same to such respective Holders;
and
2. If and to the extent of a deficiency in amounts required to pay principal of the Obligations, the Paying Agent/Tmstee shall (a)
execute and deliver to the Insurance Paying Agent/Tmstee in form satisfactory to the Insurance Paying Agent(rnutee an instrument appointing the
insurer as agent for such Holder in any legal proceeding relating to the payment of such principal and an assignment to the Insurer of any of the
Obligation sanendered to the Insurance Paying AgentTrustee of so much of the principal amount thereof as has not previously been paid or for
which moneys are not held by the Paying Agent/Trustee and available for such payment (but such assignment shall be delivered only if payment
from the Insurance Paying Agent/Tmstee is received), (b) receive as designee of the respective Holders (and not as Paying Agent/frustee) in
accordance with the ter" ofthe Policy payment therefor from the Insurance Paying Agent/Tmsim, and (c) disburse the same to such Holders.
E. Payments with respect to claims for interest on and principal of Obligations dislnased by the Paying Agent/Trustee from proceeds of the
Policy shall not be considered to discharge the obligation of the Issuer with respect to such Obligations, and the hnsuter shall become the owner of such
unpaid Obligation and claims for the interest in accordance with the tenor of the assignment made to it under the provisions of this subsection or otherwise.
F. hnespective of whether any such assignment is executed and delivered, the Issuer and the Paying Agentrrrustee hereby agree for the
benefit of the Insurer that:
I. They recognize that to the extent the Insurer makes payments, directly or indirectly (as by payer through the Paying
Agem Trustee), on account of principal of or interest on the Obligations, the Insurer will be subrugated to the rights of such Holders to receive the
amount of suchpnrrWal and interest fiom the Issuer, as provided and solely from the sources stated in this Indenture and the Obligations; and
2. They will accordingly pay to the insurer the amount of such principal and interest (including principal and interest recovered
under subpamgrWh (u) of the fist paragraph of the Policy, which principal and interest shall be deemed past due and not to have been paid), as
provided in this Indenture and the Obligation, but only from the sources and in the manner provided herein for the payment of principal of and
interest on the Obligations to Holders, and will otherwise beat the hisim as the owner of such rights to the amount of such principal and interest.
G. In connection with the issuance of additional Obligations, the Issuer shall deliver to the Insurer a copy of the disclosure document, if any,
circulated with respect to such additional Obligations.
H. Copies of any amendments made to the documents executed in connection with the issuance of the Obligations which are consented to
by the Insurer shall be sent to Standard & Poo's Corporation.
1. The Insurer shall receive notice of the resignation or removal of the Paying Agent/Trustee and the apporzntment of a successor thereto.
J. The Insurer shall receive copies of all notices required to be delivered to Bondholders and, on an annual basis, copies of the Issuer's
audited financial statements and Annual Budget
Notices: Any notice that is required to be given to a holder of the Obligation or to the Paying Agent/Trustee pursuant to the Indenture shall also be
provided to the Insurer. All notices required to be given to the Insurer under the Indenture shall be in writing and shall be sent by registered or certified mail
addressed to MBIA insurance Corporation, 113 King Sheet, Armonk, New York 10504 Attention Surveillance.
K. The Issuer/Obligor agrees to reimburse the Inmsrer immediately and unconditionally upon demand, to the extent permitted by law, for all
reasonable expenses, including attorneys' fees and expenses, incurred by the Insurer in connection with (i) the enforcement by the his= of the Issuer's
/Obligor's obligations, or the preservation or defense of any rights of the Insurer, under this Resolution/itdenture and any other document executed in
connection with the issuance of the Obligations, and (u) any consent, amendment, waiver or other action with respect to the Resohniodlnderriue or any
related docurnent, whether or not granted or approved, together with interest on all such expenses from and including the date incurred to the date ofpayment
at CihbarWs Prime Rate plus 3%" or the maximum interest rate permitted by law, whichever is less. In addition, the Insurer reserves the right to change a fee
in connection with its review of any such consent, amendment or waiver, whether or not granted or approved. The obligation of the city to make the
payments and reunbursernents described in this paragraph shall be subject to annual appropriation by the Issuer.
VOL 75 PAGE 1 3
L. The Applicant agrees not to use the Insurds name in any public document including, without limitation, a press release or presentation,
announcement or forum widrout the Insurer's prior consent; provided however, such prolibition on the use of the Insurers name shall not relate to the use of
the Insurer's standard approved form of disclosure in public documents issued in connection with the current Obligations to be issued in accordance with the
terms of the Commitment; and provided fimher such prohibition shall not apply to the use of the Insurer's name in order to comply with public notice, public
meeting or public reporting requirements.
M. The Issuer/Obligor shall not enter into any agreement nor shall it consent to or participate in any arrangement pursuant to which Bonds are tendered
or purchased for any purpose other than the redemption and cancellation or legal defeasance of such Bonds with the prior written consent ofMBIA
TX
Revised 10/05
IV-75 t;r,Wc 184.
I
$6,005,000
Brazos County, Texas
Limited Tax Refunding Bonds, Series 2005
CERTIFICATE OF ISSUER AS TO MBIA INSURANCE POLICY
This Certificate is furnished by Brazos County, Texas, as issuer (the "Issuer") of its $6,005,000 Limited
Tax Refunding Bonds, Series 2005, dated December 1, 2005 (the "Bonds"), and US Bank Corporate Trust
Services, as paying agent under the Bonds (the "Paying Agent"), for use by MBIA Insurance Corporation
("MBIA") in connection with its issuance of a municipal bond insurance policy No. 47335 (the "Policy"),
guaranteeing the payment of the principal and interest on the Bonds when due.
The Issuer and the Paying Agent hereby certify as follows:
1. The undersigned acknowledge receipt and review of MBIA's "Payments Under the Policy"
provisions with respect to the Policy, attached hereto as Schedule A.
2. The undersigned hereby agree, during the term of the Policy and to the best of their abilities, to
abide by the terms, obligations, and provisions required by Schedule A hereto.
IN WITNESS WHEREOF, we have executed this Certificate as of the 13 day of Ceh w 2cxS
Brazos County, Texas, as Js~uer US Bank Corporate Trust Services, as Paying
Agent
By:
Authorized
BY:
Authorized Officer
VOL -75 PAGE L P
STANDARD FORM FOR MBIA DISCLOSURE FOR OFFICIAL STATEMENTS
[September 30, 20051
[The section entitled "The MBIA Insurance Corporation Insurance Policy" is for use in public finance
transactions]
The MBIA Insurance Corporation Insurance Policy
The following information has been famished by MBIA Insurance Corporation ("MBIA") for use
in this Official Statement. Reference is made to Appendix _ for a specimen of MBIA's policy [(the
"Policy")]
MBIA does not accept any responsibility for the accuracy or completeness of this Official
Statement or any information or disclosure contained herein, or omitted herefrom, other than with respect
to the accuracy of the information regarding the Policy and MBIA set forth under the heading
Additionally, MBIA makes no representation regarding the [Bonds/Securities] or
the advisability of investing in the [Bonds/Securities].
The MBIA Policy unconditionally and irrevocably guarantees the full and complete payment
required to be made by or on behalf of the [Issuer] to the Paying Agent or its successor of an amount
equal to (i) the principal of (either at the stated maturity or by an advancement of maturity pursuant to a
mandatory sinking fund payment) and interest on, the [Bonds/Securities] as such payments shall become
due but shall not be so paid (except that in the event of any acceleration of the due date of such principal
by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other
than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments
guaranteed by the MBIA Policy shall be made in such amounts and at such times as such payments of
principal would have been due had there not been any such acceleration, unless MBIA elects in its sole
discretion, to pay in whole or in part any principal due by reason of such acceleration); and (ii) the
reimbursement of any such payment which is subsequently recovered from any Owner of the
[Bonds/Securities] pursuant to a final judgment by a court of competent jurisdiction that such payment
constitutes an avoidable preference to such Owner within the meaning of any applicable bankruptcy law
(a "Preference").
MBIA's Policy does not insure against loss of any prepayment premium which may at any time
be payable with respect to any [Bonds/Securities]. MBIA's Policy does not, under any circumstance,
insure against loss relating to: (i) optional or mandatory redemptions (other than mandatory sinking fund
redemptions); (ii) any payments to be made on an accelerated basis; (iii) payments of the purchase price
of [Bonds/Securities] upon tender by an owner thereof; or (iv) any Preference relating to (i) through (iii)
above. MBIA's Policy also does not insure against nonpayment of principal of or interest on the
[Bonds/Securities] resulting from the insolvency, negligence or any other act or omission of the Paying
Agent or any other paying agent for the [Bonds/Securities].
Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing
by registered or certified mail, or upon receipt of written notice by registered or certified mail, by MBIA
from the Paying Agent or any owner of a [Bond/Security] the payment of an insured amount for which is
then due, that such required payme has not been made, MBIA on the due date of such payment or
within one business day after receipt of notice of such nonpayment, whichever is later, will make a
deposit of funds, in an account with U.S. Bank Trust National Association, in New York, New York, or
its successor, sufficient for the payment of any such insured amounts which are then due. Upon
presentment and surrender of such [Bonds/Securities] or presentment of such other proof of ownership of
VOL /PAGE l (?lQ
the [Bonds/Securities], together with any appropriate instruments of assignment to evidence the
assignment of the insured amounts due on the [Bonds/Securities] as are paid by MBIA, and appropriate
instruments to effect the appointment of MBIA as agent for such owners of the [Bonds/Securities] in any
legal proceeding related to payment of insured amounts on the [Bonds/Securities], such instruments being
in a form satisfactory to U.S. Bank Trust National Association, U.S. Bank Trust National Association
shall disburse to such owners or the Paying Agent payment of the insured amounts due on such
[Bonds/Securities], less any amount held by the Paying Agent for the payment of such insured amounts
and legally available therefor.
MBIA Insurance Corporation
MBIA Insurance Corporation ("MBIA") is the principal operating subsidiary of MBIA Inc., a New
York Stock Exchange listed company (the "Company"). The Company is not obligated to pay the debts of or
claims against MBIA. MBIA is domiciled in the State of New York and licensed to do business in and
subject to regulation under the laws of all 50 states, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States and the
Territory of Guam. MBIA, either directly or through subsidiaries, is licensed to do business in the Republic
of France, the United Kingdom and the Kingdom of Spain and is subject to regulation under the laws of those
jurisdictions.
The principal executive offices of MBIA are located at 113 King Street, Armonk, New York
10504 and the main telephone number at that address is (914) 2734545.
Regulation
As a financial guaranty insurance company licensed to do business in the State of New York, MBIA
is subject to the New York Insurance Law which, among other things, prescribes minimum capital
requirements and contingency reserves against liabilities for MBIA, limits the classes and concentrations of
investments that are made by MBIA and requires the approval of policy rates and forms that are employed by
MBIA. State law also regulates the amount of both the aggregate and individual risks that may be insured by
MBIA, the payment of dividends by MBIA, changes in control with respect to MBIA and transactions among
MBIA and its affiliates.
The Policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76
of the New York hrsurance Law.
Financial Strength Ratings of MBIA
Moody's Investors Service, Inc. rates the financial strength of MBIA "Aaa."
Standard & Poor's, a division of The McGraw-Hill Companies, Inc. rates the financial strength of
MBIA "AAA."
Fitch Ratings rates the financial strength of MBIA "AAA."
Each rating of MBIA should be evaluated independently. The ratings reflect the respective rating
agency's current assessment of the creditworthiness of MBIA and its ability to pay claims on its policies of
insurance. Any further explanation as to the significance of the above ratings may be obtained only from the
applicable rating agency.
The above ratings are not recommendations to buy, sell or hold the [Bonds/Securities], and such
ratings may be subject to revision or withdrawal at any time by the rating agencies. Any downward revision
or withdrawal of any of the above ratings may have an adverse effect on the market price of the
[Bonds/Securities]. MBIA does not guaranty the market price of the [Bonds/Securities] nor does it guaranty
that the ratings on the [Bonds/Securities] will not be revised or withdrawn.
MBIA Financial Information
As of December 31, 2004, MBIA had admitted assets of $10.3 billion (unaudited and restated),
total liabilities of $7.0 billion (unaudited and restated), and total capital and surplus of $3.2 billion
(unaudited and restated) determined in accordance with statutory accounting practices prescribed or
permitted by insurance regulatory authorities. As of September 30, 2005 MBIA had admitted assets of
$10.8 billion (unaudited), total liabilities of $7.1 billion (unaudited), and total capital and surplus of $3.7
billion (unaudited) determined in accordance with statutory accounting practices prescribed or permitted
by insurance regulatory authorities.
For further information concerning MBIA, see the consolidated financial statements of MBIA
and its subsidiaries as of December 31, 2004 and December 31, 2003 and for each of the three years in the
period ended December 31, 2004, prepared in accordance with generally accepted accounting principles,
included in the Annual Report on Form 10-K/A of the Company for the year ended December 31, 2004
and the consolidated financial statements of MBIA and its subsidiaries as of September 30, 2005 and for
the nine month periods ended September 30, 2005 and September 30, 2004 included in the Quarterly
Report on Form 10-Q of the Company for the period ended September 30, 2005, which are hereby
incorporated by reference into this Official Statement and shall be deemed to be a part hereof.
Copies of the statutory financial statements filed by MBIA with the State of New York Insurance
Department are available over the Internet at the Company's web site at http://www.mbia.com and at no
cost, upon request to MBIA at its principal executive offices.
Incorporation of Certain Documents by Reference
The following documents filed by the Company with the Securities and Exchange Commission
(the "SEC") are incorporated by reference into this Official Statement:
(1) The Company's Annual Report on Form 10-K/A for the year ended December 31, 2004;
and
(2) The Company's Quarterly Report on Form 10-Q for the quarter ended September 30,
2005.
Any documents, including any financial statements of MBIA and its subsidiaries that are included
therein or attached as exhibits thereto, filed by the Company pursuant to Sections 13(a), 13(c), 14 or 15(d)
of the Exchange Act after the date of the Company's most recent Quarterly Report on Form 10-Q or
Annual Report on Form 10-K/A, and prior to the termination of the offering of the [Bonds/Securities]
offered hereby shall be deemed to be incorporated by reference in this Official Statement and to be a part
hereof from the respective dates of filing such documents. Any statement contained in a document
incorporated or deemed to be incorporated by reference herein, or contained in this Official Statement,
shall be deemed to be modified or superseded for purposes of this Official Statement to the extent that a
statement contained herein or in any other subsequently filed document which also is or is deemed to be
incorporated by reference herein modifies or supersedes such statement. Any such statement so modified
or superseded shall not be deemed, except as so modified or superseded, to constitute a part of this
Official Statement.
V -75
OL PAU ~.g
The Company files annual, quarterly and special reports, information statements and other
information with the SEC under File No. 1-9583. Copies of the Company's SEC filings (including (1) the
Company's Annual Report on Form 10-K/A for the year ended December 31, 2004, and (2) the
Company's Quarterly Reports on Form 10-Q for the quarters ended March 31, 2005, June 30, 2005
(included as restated in third quarter 10-Q) and September 30, 2005) are available (i) over the Internet at
the SEC's web site at htto://www.sec.gov; (ii) at the SEC's public reference room in Washington D.C.;
(iii) over the Internet at the Company's web site at http://www.mbia.com; and (iv) at no cost, upon
request to MBIA at its principal executive offices.
DISCLOSURE OF GUARANTY FUND NONPARTICIPATION: In the event the Insurer is unable to
fulfill its contractual obligation under this policy or contract or application or certificate or evidence of
coverage, the policyholder or certificateholder is not protected by an insurance guaranty fund or other
solvency protection arrangement.
STD-TX
VGL15PAGE I Fq
FINANCIAL GUARANTY INSURANCE POLICY
MBIA Insurance Corporation
Armonk, New York 10504
Policy No. [NUMBER]
MBIA insurance Corporation (the "Insurer"), in consideration of the payment of the premium and subject to the terns of this policy, hereby
unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the frill and complete payment
required to be made by or on behalf of the Issuer to [PAYING AGENVI RUSTEE] or its successor (the "Paying Agent") of an amount equal to (i) the
principal of (either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the
Obligations (as that terry is defined below) as such payments shall become due but shall not be so paid (except that in the event of any acceleration of the
due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement
of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed hereby shall be made in such amounts and at such times as such
payments ofpnncgW would have been due had there not been any such acceleration, unless the Insurer elects, in its sole discretion, to pay in whole or in
part any principal due by reason ofsuch acceleration); and (ii) dye reimbursement of any such payment which is subsequently recovered from any owner
pursuant to a final judgment by a court of conynetent jurisdiction drat such payment constitutes an avoidable preference to such owner within the meaning
of any applicable bankruptcy law. The amounts referred to in clauses (n) and (ii) of the preceding sentence shall be referred to herein collectively as the
"Insured Amounts." "Obligation" shall mean:
[PAR]
[LEGAL NAME OF MUE]
Upon receipt of telephonic or telegraphic notice, such notice subsequently confirm d in writing by registered or certified mad, or upon receipt of written
notice by registered or certified mail, by the Insurer from the Paying Agent or any owner of an Obligation the payment of an timed Amount for which is
then due, that such required payment has rat been made, the Insurer on the due date of such payment or within one business day after receipt ofnotioe of
such nonpayment, whichever is later, will make a deposit of funds, in an account with U.S. Bank Trust National Association, in New York, New York,
or its successor, sufficient for the payment of any such Inured Amounts which are then due. Upon presentment and surrender of such Obligation or
presentment of such other proof of ownership of the Obligations, together with any appropriate instruments of assignment to evidence the assignment of
the Insured Amounts due on the Obligations as are paid by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for
such owners of the Obligations in any legal proceeding related to payment of Insured Amounts on the Obligations, such inslnmhents being in a foam
satisfactory to U.S. Bank Trust National Association, U.S. Bank Trust National Association shall disburse to such owners, or the Paying Agent payment
of the Insured Amounts due on such Obligation, less any amount held by the Paying Agent for the payment of such insured Amounts and legally
available therefor This policy does rat unsure against loss of any prepayment premium which may at any time be payable with respect to any
Obligation.
As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the Paying Agent, due issuer,
or any designee of the Issuer for such purpose. The temp owner shall not include the Issuer or any party whose agreement with the Issuer constitutes the
underlying security for the Obligation.
Any service of process on the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk, New York 10504 and such service of
process shall be valid and binding.
ibis policy is non-cancellable for any reason. The premium on this policy is not refundable for any reason including the payment prior to maturity of the
Obligations.
IN WITNESS WHEREOF, the insurer has caused this policy to be executed in facsimile on its behalf by its duly authorized officers, this [DAY] day of
[MONTH, YEAR].
MBIA Insurance Corporation
President
Assistant Secretary
DISCLOSURE OF GUARANTY FUND NONPARTICIPATION: In the event the Insurer is unable to fulfill its contractual obligation under this policy or contact
or application or certificate or evidence of coverage, the policyholder or certificateholder is not protected by an insurance guaranty fund or other solvency protection
arrangement.
STD-R-TX-7
01/05 VOL / ✓ YAGE1 / 6
STATEMENT OF INSURANCE
MBIA Insurance Corporation (the "Insurer") has issued a policy containing the following provisions, such policy
being on file at [INSERT NAME OF TRUSTEE OR PAYING AGENT INCLUDING CITY, STATE].
The Insurer, in consideration of the payment of the premium and subject to the terms of this policy, hereby
unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full
and complete payment required to be made by or on behalf of the Issuer to [INSERT NAME OF TRUSTEE OR PAYING
AGENTI or its successor (the "Paying Agent") of an amount equal to (i) the principal of (either at the stated maturity or by any
advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Obligations (as that term is
defined below) as such payments shall become due but shall not be so paid (except that in the event of any acceleration of the
due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise,
other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed hereby shall
be made in such amounts and at such times as such payments of principal would have been due had there not been any such
acceleration, unless the Insurer elects in its sole discretion, to pay in whole or in part any principal due by reason of such
acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any owner pursuant to a
final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such owner within
the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i) and (ii) of the preceding sentence shall
be referred to herein collectively as the "Insured Amounts." "Obligations" shall mean: [INSERT LEGAL TITLE OF BONDS,
CENTERED AS FOLLOWS:1
PAR AMOUNT]
ISSUER
[DESCRIPTION OF BONDS]
Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or
certified mail, or upon receipt of written notice by registered or certified mail, by the Insurer from the Paying Agent or any
owner of an Obligation the payment of an Insured Amount for which is then due, that such required payment has not been
made, the Insurer on the due date of such payment or within one business day after receipt of notice of such nonpayment,
whichever is later, will make a deposit of funds, in an account with U.S. Bank Trust National Association, in New York, New
York, or its successor, sufficient for the payment of any such Insured Amounts which are then due. Upon presentment and
surrender of such Obligations or presentment of such other proof of ownership of the Obligations, together with any
appropriate instruments of assignment to evidence the assignment of the Insured Amounts due on the Obligations as are paid
by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for such owners of the Obligations
in any legal proceeding related to payment of Insured Amounts on the Obligations, such instruments being in a form
satisfactory to U.S. Bank Trust National Association, U.S. Bank Trust National Association shall disburse to such owners or
the Paying Agent payment of the Insured Amounts due on such obligations, less any amount held by the Paying Agent for the
payment of such Insured Amounts and legally available therefor. This policy does not insure against loss of any prepayment
premium which may at any time be payable with respect to any Obligation.
As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books
maintained by the Paying Agent, the Issuer, or any designee of the Issuer for such purpose. The term owner shall not include
the Issuer or any party whose agreement with the Issuer constitutes the underlying security for the Obligations.
Any service of process on the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk,
New York 10504 and such service of process shall be valid and binding.
This policy is non-cancellable for any reason. The premium on this policy is not refundable for any reason
including the payment prior to maturity of the Obligations.
DISCLOSURE OF GUARANTY FUND NONPARTICIPATION: In the event the Insurer is unable to fulfill its contractual
obligation under this policy or contract or application or certificate or evidence of coverage, the policyholder or certificateholder is not
protected by an insurance guaranty fund or other solvency protection arrangement.
MBIA INSURANCE CORPORATION
STD-R-TX-2
VOL-75 PAGE 0 1 ,
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DSHS DOCUMENT NUMBER: 5375375371 *2006T-0I
STATE OF TEXAS
COUNTY OF TRAVIS
This CONTRACT and AGREEMENT by and between the Department of State Health Services,
Bureau of Vital Statistics, hereinafter referred to as PERFORMING AGENCY, and acting through its
Chief, Bureau of Financial Services, and BRAZOS COUNTY, hereinafter referred to as
RECEIVING AGENCY, is as follows:
I. SCOPE OF WORK:
PERFORMING AGENCY agrees to provide on-line computer services in support of RECEIVING
AGENCY from 7:00 a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an
emergency or computer application error, PERFORMING AGENCY may temporarily suspend
services without advance notice.
RECEIVING AGENCY will search PERFORMING AGENCY databases, locate data, and issue
Certifications of Vital Records to authorized individuals requesting such data. The certifications will
be in a format formally approved by PERFORMING AGENCY. No limit will be established on the
number, of searches per month not resulting in issuance of a certification, provided the number is
reasonable.
RECEIVING AGENCY will acquire the necessary data processing equipment, communications,
hardware or software, and purchase "bank note" paper, as specified by the PERFORMING
AGENCY. PERFORMING AGENCY will assist in connection of the equipment, furnish software
program and provide technical assistance, if necessary.
RECEIVING AGENCY acknowledges that records may not be located in the searching process
instituted by RECEIVING AGENCY or records which are located may have errors due to:
A) normal key-entry errors in spellings;
B) accidental failure on the part of the PERFORMING AGENCY to update a file
for an amendment or paternity determination; and
C) the event year does not exist on the system.
RECEIVING AGENCY will notify PERFORMING AGENCY in writing, at least monthly of errors
or suspected errors that exist on the data base information.
RECEIVING AGENCY is to maintain an inventory control and account for each document produced
on "bank note" paper, including voided documents.
~-/1
VUL /5-pAGF j q3,
RECEIVING AGENCY is responsible for maintaining a system of vital record keeping that is in
accordance with Chapters 191 through 195 of the Health and Safety Code and the regulations adopted
thereunder.
II LEGAL AUTHORITY TO CONTRACT
Chapter 12, Health and Safety Code.
III. TERM
The term of this contract will begin upon its execution by both parties and will continue in force and
effect until August 31, 2006.
IV. COMPENSATION
83 10CEI 0)) for each Certification of Vial Record printed as a result of AGENCY $1.83 (One searches of the database. Dollar and
RECEIVING AGENCY agrees to charge the same base search fee for a birth certificate as the
PERFORMING AGENCY. Additional fees may only be charged as authorized by Texas Health and
Safety Code 191.
A monthly itemized billing showing the number of transactions by date will be submitted to
RECEIVING AGENCY by PERFORMING AGENCY and payment will be made no later than thirty
(30) days following the billing date. Payment will be considered made on the date postmarked.
V. CONFIDENTIALITY
RECEIVING AGENCY will maintain sufficient safeguards to prevent release or disclosure of any
information obtained hereunder to anyone other than RECEIVING AGENCY employee(s) or those
who have an official need for the information and are authorized to receive such records.
data for under
purposes
use of these records or specified
as here agrees set records out anobtained
will be ~usseed for AGENCY
must be agreed to in writing by both parties.
VI. SECURITY
RECEIVING AGENCY agrees to implement all reasonable and necessary procedures to ensure that
only authorized users will have access and will notify DSHS immediately should it detect a security
violation by one of its employees or any other person. RECEIVING AGENCY is responsible for
insuring that authorized RECEIVING AGENCY employee(s) use only their own individual
passwords while logged into PERFORMING AGENCY'S on-line computer applications.
PERFORMING AGENCY will inactivate any individual who does not use their account for ninety
(90) days. RECEIVING AGENCY shall notify PERFORMING AGENCY of all branch locations.
VII. I SPEC S
V 0 L q,5~FAGE la~f~
RECEIVING AGENCY shall permit authorized PERFORMING AGENCY personnel, during normal
working hours, to conduct site visits and review such records as needed to ascertain compliance with
the terms of this contract.
VIII. VOIDED RECORDS
PERFORMING AGENCY will handle credit requests for voided records due to mistakes or errors on
a case-by-case basis. Credit requests may be considered in those cases of emergency situations, i.e.,
equipment and systems failure or inclement weather. RECEIVING AGENCY shall submit these
requests in writing along with pertinent documentation to provide a justification to the State Registrar
and/or designee for approval. PERFORMING AGENCY will provide written documentation to the
RECEIVING AGENCY on the status of the approval of credit requests.
RECEIVING AGENCY must notify PERFORMING AGENCY'S Security Manager in writing to
clear voided records from the remote access system's customer lifetime counts.
IX. TENON
This contract may be terminated either by mutual agreement of the parties or by either party upon the
giving of sixty (60) days written notice to the other party. RECEIVING AGENCY agrees to pay
PERFORMING AGENCY for all services completed prior to the effective date of such termination.
PERFORMING AGENCY may immediately suspend this agreement upon reasonable suspicion that
terms of this agreement have been violated by the RECEIVING AGENCY or one of its employees.
If, after investigation it is concluded that a violation of this agreement has occurred, PERFORMING
AGENCY may terminate this agreement without further notice.
X. SEVEN Y
If any provision of this contract will be construed to be illegal or invalid, this will not affect the
legality or validity of any of the other provisions hereof. The illegal or invalid provision will be
deemed stricken and deleted herefrom to the same extent and effect as if never incorporated herein,
but all other provisions will continue.
G
XI. FUNDIN
This contract is contingent upon the availability of funding. PERFORMING AGENCY may amend
or terminate all or any part of this contract if available funds become reduced, depleted, or
unavailable during the term of this contract. RECEIVING AGENCY will have no right of action
against the State of Texas or the PERFORMING AGENCY in the event that PERFORMING
AGENCY is unable to fulfill its obligations under this contract as a result of the suspension,
termination, withdrawal, or failure of funding to PERFORMING AGENCY or lack of sufficient
funding of PERFORMING AGENCY for any Attachment(s) to this contract. If funds become
unavailable, provisions of the Termination Article will apply.
WLISSPwG-t 175
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY
BRAZOSCOUNTY
By
co
(Titl )
Date: lQJ 3~2c77 -
Recommended by:
(Name and Title)
APPROVED AS TO FORM:
(Name and Title)
PERFORMING AGENCY
DEPARTMENT OF STATE HEALTH
SERVICES
Bob Burnette, Director
Client Services Contracting Unit
Date:
VID 35375375371000
DSHS DOCUMENT NUMBER: 5375375371*2006T-01
VOL 76 PAGE l q ~
Im
GreatAmerica LEASE AMENDMENT
JLW .w( " wrerawn . oceeasree
Lessor: GreatAmerica Leasing Corporation Amendment to
P.O. Box 609, Cedar Rapids, Iowa 52406-0609 Lease Agreement No. 339879
625 First Street SE, Cedar Rapids, Iowa 52401
LESSEE:
BRAZOS COUNTY OF, DBA DISTRICT CLERK
300 E 26TH ST STE 216
Street Address
BRYAN BRAZOS TX 77803
city County state Zip
Lessee agrees that this Lease Amendment (hereinafter "Amendment's is an amendment to the above identified Lease
Agreement (hereinafter "Lease') and admowledges receipt of a copy of this Amendment. Those sections below
designated with an "X" will be amended by deleting the Identified section as it appears in the above Lease Agreement and
the following designated section will be substituted therefore.
For each section to be amended mark an "X" in box and complete section.
a
LESSEE
Name
Address
City State Zip
SCHEDULE OF EQUIPMENT LEASED
Quantity
Type, Make, Model Number, Serial Number
1
Copvstar CS-5035 Copier with ADF, 3,000 Sheet Paper Ded(, Print1Scan System and 3,000
Sheet Finisher w/punch M3026718
1
Copystar CS-2050 Copier with ADF, Stand and Duplex J3042706
PURCHASE OPTION AT END OF TERM: (che& one)
Fair Market Value 1.00 Other(--3% Of Equipment Cost
SCHEDULE OF RENTAL PAYMENTS
TERM OF LEASE (IN MONTHS)
TOTAL NUMBER OF RENTAL PAYMENTS
AMOUNT OF EACH PAYMENT
SECURITY DEPOSIT
60
60
$ 337.66
$ 0,00
an Tieebk Taxes
All the terms and conditions of the lease will remain in full force and effect This Amendment is not binding until
accepted by GreatAmerica Leasing Corporation CGreatAmerica").
Accepted by Lessor on . 20
By
GALC Lease Amendment(0501)
Accepted by Lessee oq,~ S 20L~j:'
By X
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to renew (City of
Bryan issued Bid) 04-115, Annual Fuel Contract, in accordance with
all terms and conditions agreed to and accepted as part of Bid 04-
115.
I understand this agreement will be for the period of October 1, 2005
through September 30, 2006.
BRENCO MARKETING
474/~~~
Authorized Signature
BRAZOSCOUNTY
Ra
County Judge
IZ-
Date
l~
Date
UOL-7JSPHE 1 q
APPROVED:
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VOL 5 PAGE ,.tl
REQUEST FOR SALVAGE DESIGNATION
1. GE Refrigerator
2. HP 48DBA Printer
3. Monitor, Printer, Keyboard
4. HP Printer
5. HP Scanners
6. Computer desk
7. Printer stand
8. Computer desk
9. 2 chairs
10. IBM Selectric typewriter
Non Working unit
Motor burned up
very old
Unknown Condition
Unknown Condition
in pieces
poor condition
good condition
1-broken 1- very dirty
Leaks oil
This property was offered to Brazos County departments with no response, and then advertised
at public auction with no bids received.
THE ITEMS LISTED ABOVE ARE APPROVED
FOR SALVAGE DESIGNATION:
Randy Sipr6, County Judge date
VOL SPRGE At) I
BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: December 13, 2005
ITEM: Request from Brushy Water Supply Corp. to construct a road bore in the right of
way of River Road at its intersection with the south end of Dogwood Trail. Site is located
in Precinct 1.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1. No work will be permitted between front slope and/or back slope.
2. 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.
3. 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.
4. 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.
5. 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.
NOTES/EXCEPTIONS:
SUBMITTED BY: ( APPROVED BY:
P, e- 2 t- \ ~L~dUt ! I ~ctsu.
Richard F. Vance, E. Corn issioner Lloyd Wassermann
County Engineer Precinct 1
0005-112
This Request is Approved IY/ Denims ❑ by Commissioners' Court
Date: /e1/l3/,~Si o 1
Judge
VOL 1.S1PAGE_96 2
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REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 7/77803 I I
Formal notice is hereby given that (applicant) 8-v5h 80
propo to pl a (type)! t 6)o vithin ✓ across' right-of-way of
(road) VP V pQ in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector, may
inspect the actual installation.
2. All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same
become necessary due to widening or lowering, or other alteration of
the roadway or right-of-way.
4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. The line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24")
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2) below the center of the roadway.
7. All sites will be barricaded during the construction period.
Construction of this line will begin on or after the f> day of!xi _M 20_Q
Firm
Address:
Ib
APPROVED BY COMMISSIONERS'
COURT ON:
Date
Randy Si
s(
4-* 3 9" bores + 350'
41, PVC
County Judge
rJ~ ~)}wf PFlt.fi
G6° +r J.
VOE75 PAGE ~o.
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: December 13, 2005
ITEM: Request from Brushy Water Supply Corp to construct a road bore in the right of
way of River Road at its intersection with the north end of Dogwood Trail. Site is located
in Precinct 1.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1. No work will be permitted between front slope and/or back slope.
2. 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.
3. 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.
4. 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.
5. 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.
NOTES/EXCEPTIONS:
SUBMITTED BY: APPROVED BY:
aa.-G1 Le r~ u4-e.1,4 k. k..~
Richard F. Vance, E. Comm' sinner Lloyd Wassermann
County Engineer Precinct 1
0005-113
This Request is Approved-ff f-- led ❑ by Commissioners' Court
Date: 13~'~'~1 0
Randy S.As, County Judge
VOL95 PAGE ,~65
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RzjssB
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given that (applicant) C05h V Me
propo to pl a (ty re) ~"ithin ✓ across' the right-of-way of
(road)tx° pC in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector, may
inspect the actual installation.
2. All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same
become necessary due to widening or lowering, or other alteration of
the roadway or right-of-way.
4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. The line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24")
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7. All sites will be barricaded during the construction period
Construction of this line will begin on or after the 6-day ofD UM 20i ~
Firm: Y ~t
By
Title:
Address: ~1. U.0,4 trJ(lb6vv\ -q
Phone. -l 00-W40
APPROVED BY COMMISSIONERS'
COURT ON:
Date
~k 3 8u b0es + 350,
41, PVC
Randy]Sifrts, County Judge
VOL /PAGE Pa-7
C
BRAZOS COUNTY 41 Q5
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: December 13, 2005
ITEM: Request from Brushy Water Supply Corp. to construct a road bore and 350 ft of 4
inch PVC water line in the right of way of River Road at its intersection with Lightsey Lane.
Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1. No work will be permitted between front slope and/or back slope.
2. 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.
3. 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.
4. 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.
5. 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.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY:
Richard F. &V--Irk
County Engineer
0005-114
This Request is Approved
Date:
APPROVED BY:
Commi sioner Lloyd Wassermann
Precinct 1
by Commissioners' Court
VOL ]`J Pr10E 9V3
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VOL PAGE
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 7{77803 Wee-,
/
Formal notice is hereby given that (applicant) lX y5h V W ee-,
propo to piac~ a (type) m/witnm ✓ across- the right-of-way of
(road)rtsuPX f)CAa in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector, may
inspect the actual installation.
2. All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same
become necessary due to widening or lowering, or other alteration of
the roadway or right-of-way.
4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. The line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24")
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7. All sites will be barricaded during the construction period.
Construction of this line will begin on or after the &day of Ltd" M_ 20Q~
Firm:
6-vP
Title: LI)h C
Address: A<~D y 0
lA~llbow~ l~
~IOL~S PAGE ~l4 PhoneqjQ lea0-1o1q 0
r- j
BRAZOSCOUNTY
BRYAN, TEXAS
NOTICE OF ADDENDUM
TO THE AGENDA
6 l -C -q P 3 Zq
aJi.i 'tIERh
. I i AN, TEXAS
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY
13 DECEMBER 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF
THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN,
TEXAS.
In addition to the regular agenda, the Commissioners Court will consider and take action
on the following item(s):
1. Interlocal Agreement with the City of College Station for Animal Control Services. Term of
agreement is 1 January 2006 through 30 September 2006, with the option to renew annually
thereafter.
The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two business days prior to the meeting. To make arrangements, call (979) 361-4102.
Office of the County Judge • 300 East 2& St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503
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INTERLOCAL AGREEMENT FOR
ANIMAL CONTROL SERVICES
THE STATE OF TEXAS
COUNTY OF BRAZOS
THIS AGREEMENT is made and entered into by and between the CITY OF
COLLEGE STATION, TEXAS, a Texas Home-Rule Municipality (hereinafter referred to as
"City"), and BRAZOS COUNTY, TEXAS, on behalf of its Sheriff's Department (hereinafter
referred to as "Client").
I. RECITALS
WHEREAS, CHAPTER 791 of the TEXAS GOVERNMENT CODE, also known as the
INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to
provide a governmental function or service that each party to the contract is authorized to
perform individually and in which the contracting parties are mutually interested, such as police
protection and public health and welfare; and
WHEREAS, College Station is a Home-Rule Municipal Corporation organized under the
laws of Texas and is authorized to enter into this Agreement pursuant to ARTICLE II, SECTION 5
Of its CITY CHARTER; and
WHEREAS, the Brazos County Sheriff's Department, Brazos County, Texas, is duly
organized and functioning in accordance with the laws of the State of Texas; and
WHEREAS, City and Client represent that each is independently authorized to perform
the functions contemplated by this Agreement; and
WHEREAS, the City operates Animal Control Services in its police department for the
purpose of reducing general animal control problems in the City, including, but not limited to,
protecting its citizens from the dangers and problems associated with free roaming animals; and
WHEREAS, the Client currently has a need for such Animal Control Services and is not
equipped to render such services; and
WHEREAS, each party has sufficient funds available from current revenues to perform
the functions contemplated by this Agreement; and
WHEREAS, both the City and Client find it mutually desirable to enter into this
Agreement.
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NOW, THEREFORE in consideration of the mutual benefits and promises each to the
other made herein, the parties named above do hereby agree as follows:
IL DEFINITIONS
A. Animal: As used in this agreement, "animal" shall mean domesticated dogs and cats.
B. Animal Control Services: "Animal Control Services" shall mean the services provided
by the City in response to a Client-Related Animal Call that are necessary to effectively
carry out an animal control program for the Client. Animal Control Services shall
include: the humane capture of stray, unrestrained, homeless, abandoned, or unwanted
animals and the humane transportation of captured animals to the Animal Shelter;
response to calls regarding wild animals that have entered a person's residence; response
to calls regarding animal bites and scratches, including the initial investigation of such
incidents; and the capture of a biting animal for state-mandated rabies quarantine
observation by the Local Rabies Control Authority. Animal Control Services do not
include trapping nuisance animals, wild animals, horses, or livestock or removal of
deceased animals. The City shall also not be responsible for conducting cruelty
investigations.
C. Animal Shelter: "Animal Shelter" shall mean the facility known as the Brazos Animal
Shelter, Inc. currently located at 2207 Finfeather Road in Bryan, Brazos County, Texas
that keeps or legally impounds stray, homeless, abandoned, or unwanted animals.
D. City: "City" shall mean the City of College Station, Brazos County, Texas, with its
offices located at 2611 Texas Avenue, College Station, Brazos County, Texas.
E. Client: "Client" shall mean Brazos County, acting by and through its Sheriff's
Department, with its offices located at 300 East 26a' Street, Bryan, Brazos County, Texas.
F. Client-Reported Animal Call: "Client-Reported Animal Call" shall mean calls made by
the Client to the City's College Station Police Department dispatch to request Animal
Control Services.
G. Any word or phrases not specifically defined herein shall have as its meaning the
ordinary and commonly understood meaning except for specific animal control or
veterinary terms.
III. CITY'S OBLIGATIONS
A. City agrees to provide Animal Control Services to Client for all Client-Reported Animal
Calls occurring in areas located in Brazos County as depicted in the diagram attached
herein as Exhibit A and further defined as the geographical area South of University
Drive/FM 60 to the South Brazos County limits and being further defined by the east
boundary of FM 158/STHWY 30 to the Navasota River.
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B. The City will dispatch at least one (1) Animal Control Officer in response to a Client-
Reported Animal Call, so long as there is at least one (1) animal control officer "on-
duty". If there is no Animal Control Officer on duty, the City's dispatch will notify
Client. In that event, a sheriffs deputy may respond to the call, determine if the call is an
emergency and notify the City of emergency calls. The City will then provide at least
one (1) Animal Control Officer to respond to the emergency call. All Client-Reported
Animal Calls to report animal bites and scratches will be considered an emergency call
requiring no confirmation from a sheriffs deputy, and the City will dispatch at least one
(1) Animal Control Officer to respond.
C. City will respond only to calls directly reported by the Client to the City. The City will
refer all other requests for Animal Control Services directly to the Client.
D. City agrees to transport all captured animals to the Animal Shelter, provided, however,
that wild animals may be released back into their natural habitat.
E. To the extent permitted by law, and as provided by the Public Information Act, TEXAS
GOVERNMENT CODE, ch. 552, as amended, City agrees to keep confidential any rabies
Vaccination Certificate information provided by the Client.
IV. CLIENT'S OBLIGATIONS
A. Client agrees to receive all calls for Animal Control Services from citizens in the Brazos
County area as defined above, to determine if Animal Control Services are needed, and if
so, to initiate Client-Reported Animal Calls. Client shall not direct or advise citizens to
call the City for Animal Control Services.
B. Client shall fully cooperate with City in the provision of Animal Control Services,
including but not limited to, furnishing: any and all information in its possession about
the ownership of a suspected rabid animal, including rabies Vaccination Certificates
maintained by any department of the Client; any history of the animal; the name and
address of any person reporting an animal bite or scratch; the name and address of any
possible victims of an animal bite or scratch; and the name and address of any person
believed to own an animal which the Client has called the City to capture or remove.
C. Client agrees to furnish information to City in a timely and expeditious manner.
D. Client agrees to assist with the apprehension of any animal in appropriate situations and,
if necessary, to dispatch a Sheriffs deputy to assist.
E. Client agrees to file all criminal or civil charges, in the appropriate court, for any
violations of Client's rules and regulations or for any violations of State Statutes, at the
sole discretion of the Client.
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F. Client agrees to pay all fees associated with the impoundment, testing, medical treatment
or final disposition of any animal; for any product or service provided by the Animal
Shelter; and for any product or service provided by any person other than the City.
V. CONSIDERATION
A. In consideration for the City's performance of the duties listed herein, the Client will pay
the City an amount based on the City's budgeted expenses and the Client's share of
activity related to those expenses. The Client shall pay the City for the services as
delineated in this contract in the following manner:
B. The Client shall pay an amount not to exceed Seventy-Seven Thousand and No/100
Dollars ($77,000.00) to the City for Animal Control Services provided during the-term of
this Agreement, including the purchase of necessary equipment to perform such Services
to be paid as follows:
1. Client will reimburse City for the initial purchase of a vehicle and other
equipment to be used in performance of Animal Control Services no later than
twenty (20) days after the Client's receipt of an invoice from the City for such
purchases.
2. Client will pay the total amount of Twenty-Five Thousand, Seven Hundred Fifty
and No/100 Dollars ($25,750.00) to the City in nine (9) equal monthly
installments of Two Thousand, Eight Hundred Sixty-One and No/100 Dollars
($2,861.61). The City will invoice the Client on the first working day of each
month beginning January 1, 2006, and the Client agrees to pay the invoice no later
than the twentieth (20a') day of the same month.
C. In the event that the parties agree to renew this Agreement as provided in Article VIII
herein, the amount paid in each year following the first will be Thirty-Four Thousand,
Five Hundred and No/100 Dollars ($34,500.00), to cover the Client's portion of the cost
of one full-time employee including the cost of training, salary, and benefits; vehicle
operation and maintenance; and fleet replacement.
D. In the event that the City determines prior to renewal of this Agreement that the amount
in subsection C is insufficient to cover said costs, the City and Client will meet no later
than April V% to determine the appropriate amount of consideration. The City shall
provide to the Client a line-item presentation, by program, of the operating budget
proposed by the City for the new period. A comparison of the actual revenues and
expenses to the amounts budgeted and paid in the prior period will be included in
determining the amount of consideration for the new period.
VI. REPORTS
A. City shall submit a comprehensive annual report of all Animal Control Services to Client
within thirty (30) days of the close of each fiscal year, currently being September 30th.
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City shall provide to Client, upon request, a copy of any other report not confidential by
law or contract, which it may be required to prepare and submit to any federal, state, or
other jurisdiction in the course of its animal and rabies control activities. City shall also
render to Client at reasonable intervals, such reports and accounting as Client from time
to time may require; provided however, if such request becomes burdensome, City may
invoice for the cost of preparation of such reports.
B. City agrees to retain any records it makes in compliance with this Agreement for a period
of three (3) years after the ultimate termination of the Contract.
VII. DEFAULT
A. In the event Client fails to: (i) pay all costs set forth in• Article V above, or (ii) perform its
obligations as set forth herein, the City shall give Client written notice of default with an
opportunity to cure such default within ten (10) days. If Client fails to cure such default
during the 10-day cure period, the Agreement shall terminate and Client shall assume
responsibility for its own animal control operation.
VIII. TERMINATION AND RENEWAL
A. This Agreement shall be effective from January 1, 2006, through September 30, 2006.
This Agreement may be renewed annually thereafter for additional one (1) year terms to
run from October Ist to September 30th. The Agreement will be renewed only upon full
review of the Services provided herein and upon written approval by both parties.
B. This Agreement may be terminated by either party upon sixty (60) days written notice to
the other party. All costs and liabilities incurred by the City on behalf of the Client prior
to the termination shall be the responsibility of the Client.
IX. INDEMNITY
A. Subject to the limitations as to liability and damages in the Texas Tort Claims Act
and without waiving its governmental immunity, each Party agrees to hold harmless
each other, its governing board, officers, agents and employees for any liability, loss,
damages, claims or causes of action caused or asserted to have been caused directly
or indirectly by any other Party to this Agreement, or any of its officers, agents or
employees, or as the result of its performance, or any of its officers, agents or
employees, under this Agreement.
X. INDEPENDENT CONTRACTOR
A. The City shall be responsible for the Animal Control Services contemplated under this
Agreement. The City shall supply all materials, equipment, tools, transportation, and
labor required for or reasonably incidental to the performance of Animal Control
Services. The City shall have ultimate control over the execution of the work under this
Agreement. The City shall have the sole obligation to employ, direct, control, supervise,
manage, discharge and compensate all of its employees.
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B. The City shall retain personal control and shall give its personal attention to the faithful
prosecution and completion of its services and fulfillment of this Agreement.
XI. GENERAL PROVISIONS
A. Severability Clause: The parties intend for the various provisions of this Agreement to be
severable so that the invalidity, if any, of any one section (or more) shall not affect the
validity of the remaining provisions or sections.
B. This document may be executed in any number of original signature counterparts, each of
which shall for all purposes be deemed an original, and all such counterparts shall
constitute one and the same document.
C. Each party has the full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each party has been properly authorized
and empowered to enter into this Agreement. The persons executing this Agreement
hereby represent that they have authorization to sign on behalf of their respective entity.
D. This Agreement shall be interpreted in accordance with the laws of the State of Texas and
in Brazos County, Texas.
E. This Agreement represents the entire agreement of the parties and supersedes any verbal
or written representations of, to or by the parties to each other.
F. Notices to either party shall be sufficient if sent in writing, postage pre-paid, registered or
certified mail to the Chief Administrative Officer of the party at the address on file of
either party for that Officer.
G. It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
BRAZOS COUNTX CITY OF COLLEGE STATION
tdy Si s, Brazos County Judge Ron Silvia, Mayor 0
' Date: ja-j
ATTEST: ATTEST:
obn~
Co ty lerk Connie Hooks, City Secretary
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APPROVED:
Glenn Brown, Interim City Manager Date
Date
-Us--D s
irector Date
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College Station - Animal Control Service Area
VOt~~PA'L 2-0