Loading...
HomeMy WebLinkAbout2006-12-12-9:00AM-REGULARBRAZOS COUNTY, BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 12 DECEMBER 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Peters. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 31: 3. Budget Amendment 05/06-56.1. 4. Budget Amendment 06/07-9.1 thru 06/07-9.6. 5. Personnel Change of Status. 6. Payment of Claims. 7. Cancellation of the regular session of Commissioners Court for 26 December 2006, which is a posted County holiday. 8. Approval to change the date of the second December 2006 payroll from Friday, December 22 to Thursday, December 21, 2006. 9. Request by Jim Jette for an exchange of land along Jones Road. 10. Reclassification of the Commissary Officer position in the Sheriffs Office - Jail Administration Division from Pay Group i5 to Pay Group 17. Office of the County Judge • 300 East 26'" St. gg S~~uite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 Commissioners Court Agenda 12 December 2006 Page 2 11. Resolution 06-018 affirming Brazos County's commitment to support a community investment incentive for the Texas Institute for Preclinical Studies (TIPS) at Texas A&M University in partnership with the City of College Station and the City of Bryan, Texas. 12. Proposed agreement between Brazos County and Weatherford Artificial Lift Systems, Inc. for development and tax abatement in Reinvestment Zone Number Twenty (20). 13. Proposed agreement between Brazos County and the City of College Station for tax increment participation in College Station Reinvestment Zone No. 16. 14. Amendment to Juvenile Services' contract with the Texas Health and Human Services Commission, Special Nutrition Program - National School Lunch Program that would add the Brazos County Academy School to that contract. 15. Request from the Sheriffs Office for an exception to the policy regarding the amount of accrued vacation time County employees are allowed to carry over from one year to the next. 16. Cancellation of the Terrorist Response Alert Program Site Agreement with Cellular Charging Concepts approved on 8 April 2003. 17. Request from Isaac Butler, Jr., Precinct 4 Constable, for permission to appoint Darin Earl Benford as a non-paid Deputy Constable. 18. Tax Refund Applications for the following: a. Acia Trust Cagle b. Maria Elvia Perez c. Stallion Oilfield Services d. Sandra Hanley Strassner 19. Capital Requisition 00012108 for the purchase of Concealable Vests for the Sheriffs Office, and the Constables for Precincts 1, 3 and 4. 20. Permission to advertise Bid 2007-020, Audio and Visual Equipment for the Community Emergency Operations Center. 21. Requisition 00012093 for the purchase of modems and monthly subscription service to access TLETS information for the Precinct 1 Constable deputies in patrol vehicles. 22. Permission to add Terracon Consultants, Inc. to Brazos County's list of exemptions from competitive bidding for 2006-2007. 23. Appointment of Linda Gutierrez Edge to the Local Workforce Development Board, representing Education. Term of appointment is 1/01/07 to 6/30/10. 24. Abandonment of a 0.0624 acre portion of County right-of-way at the southwest end of Drake Drive in the Duck Haven Subdivision located in Precinct 1. S~1 n-E ~ 7 Commissioners Court Agenda 12 December 2006 Page 3 25. Right of Way Easement with Bryan Texas Utilities (BTU) for the installation of electrical services to the new Sheriff's Administration Building. 26. Commissioners Court minutes for the following 2006 dates: a. 3 October Regular Meeting d. 17 October Regular Meeting b. 10 October Regular Meeting e. 24 October Regular Meeting c. 16 October Special Meeting f. 31 October Regular Meeting 27. Treasurer's Report for the Month of October 2006. 28. Payment Authorization in the amount of $924.00 to Ikon Office Solutions for the Purchasing Department. 29. Payment Authorization from the Brazos County Bail Bond Board in the amount of $3,515.10 to Sheiness, Scott, Grossman & Cohn, LLP for services rendered. 30. Convene into Executive Session pursuant to §551.071 of the Texas Government Code for consultation with an attorney regarding pending litigation. 31. Consider and possible action on the Executive Session. 32. Announcement of interest items and possible future agenda topics. 33. Call for citizen input and/or concerns. 34. Agency / Board / Committee reports by Court members. 35. 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. v'-L 91 COMMISSIONERS' COURT REGULAR MEETING DECEMBER 12, 2006 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, December 12, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2, Absent; Kenny Mallard, Commissioner of Precinct 3, Absent; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The Reverend Jones gave the invocation and the County Judge led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06-56.1 that would reallocate funds for TEEX - State Homeland Security Grant and Clear Team Grant. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. Vol 9q Page __Sol Commissioners Court meeting December 12, 2006 2 The Court next considered Budget Amendment #06/07-9.1 through 9.6 that would increase the budget of the MPO; reallocate funds for the District Attorney, TEEX Homeland Security, Constable, Precinct 4, Capital Projects- Commissioners Court, and Jail Administration. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, 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 Wassermann, 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: 7026149 through 7026389 On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was the cancellation of the regular session of Commissioners Court for December 26, 2006. This date falls on a posted County holiday. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, Vol Page q o Commissioners Court meeting December 12, 2006 3 the Court voted unanimously to cancel the Commissioners Court meeting for December 26, 2006. The Court next considered a request from the Treasurer's Office to change the date of the second December 2006 payroll from Friday December 22, 2006 to Thursday, December 21, 2006. This change would provide the Treasurer's Office with the ability to make the most efficient use of time to process final vendor payments for 2006 and payroll. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The next matter before the Court was a request by Jim Jette for an exchange of land along Jones Road. Mr. Jette was not in court. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to remove this from the agenda. The Court next considered a request from the Jail Administrator to change Job Classification 1531-Commissary Officer from Pay Group 15 to Pay Group 17. The position is funded by Commissary operations and the County is reimbursed each pay period. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. On motion by the County Judge, seconded by Commissioner Vol q j Page 611 Commissioners Court meeting December 12, 2006 4 Cauley, the Court voted unanimously to adopt Resolution #06- 018 affirming Brazos County's commitment to support community investment incentive for the Texas Institute for Preclinical Studies (TIPS) at Texas A&M University in partnership with the City of College Station and the City of Bryan, Texas. The next matter before the Court was consideration of an Agreement for Development and Tax Abatement in Reinvestment Zone Number Twenty (20) Commercial-Industrial Tax Abatement, Brazos County, Texas. The owner is Weatherford Artificial Lift Systems, Inc. The exemption shall exempt the value of the land, buildings and the other permanent improvements. Under the conditions of the abatement the following rates shall be in effect for the following years: Year % of Abatement 2007 No Abatement 2008 80% 2009 60% 2010 60% 2011 40% 2012 20% On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to grant the tax abatement to Weatherford Artificial Lift Systems, Inc. The Court next considered an Agreement between Brazos County and the City of College Station for tax increment participation in College Station Reinvestment Zone No. 16. Vol 9,7 Page I a2 Commissioners Court meeting December 12, 2006 5 This is to spur economic growth in the Northgate area and to construct a convention center and related improvements to be owned by the City. Terry Childers with the City of College Station made the presentation on the TIRZ. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the Agreement. A copy is attached. The next matter before the Court was consideration of an Amendment to the Juvenile Services Contract with the Texas Health and Human Services Commission, Special Nutrition Program-National School Lunch Program to include the Brazos County Academy School. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the Amendment. A copy is attached. The Court next considered a request from the Sheriff's Office to allow an employee to carry over 48 hours of vacation time. This would allow the employee to travel abroad on a trip planned since February 2006. On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The next matter before the Court was consideration of a request from the Jail Administrator to cancel an Agreement with Cellular Charging Concepts. This was for the installation of two Terrorist Response Alert Program Systems Vol 9~ Page q3 Commissioners Court meeting December 12, 2006 6 in the Courthouse. The systems were never installed and the Agreement is no longer necessary. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered a request from Constable Precinct 4, Isaac Butler, Jr., to appoint Darin Earl Benford, as non-paid Deputy Constable. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Constable Butler to appoint Darin Earl Benford as non-paid Deputy Constable subject to appointment being within the allotted number of deputies. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Acia Trust Cagle, Over Payment $317.50 b) Maria Elvia Perez, Over Payment $39.11 c) Stephen Dana Wood, Over Payment $20.93 d) Sandra Hanley Strassner, Over Payment $159.63 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The next matter before the Court was consideration of Capital Requisition 0012108 for the purchase of Concealable Vests for the Sheriff's Office, and Constables of Precincts 1, Vol Page 1 ~ Commissioners Court meeting December 12, 2006 7 3, and 4. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the Capital Requisition. The next matter for consideration was approval for the Purchasing Agent to advertise RFP 2007-020, Audio and Video Equipment for the Community Emergency Operations Center. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to authorize the Purchasing Agent to advertise for Audio and Video Equipment for the Community Emergency Operations Center. The Court next considered approval of requisition 00012093 in the amount of $1,700.00 for modems and monthly subscription service to access TLETS information by Constable Precinct 1 deputies in patrol vehicles. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The next matter before the Court was a request from the Purchasing Department to add Terracon Consultants, Inc. to the 2006/2007 Exemption List under Local government Code 262.024(a)(4). Terracon recently purchased Buchanan Associates that had been on the list for several years. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request to add Terracon Vol P Page 95 Commissioners Court meeting December 12, 2006 g Consultants, Inc. to the 2006/2007 Exemption List. The Court next considered the appointment of an individual to serve on the Local Workforce Development Board representing education. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to appoint Linda Gutierrez Edge to serve on the Local Workforce Development Board representing education. The next matter before the Court was the abandonment of a 0.0624 acre portion of County right-of-way at the southwest end of Drake Drive in the Duck Haven Subdivision located in Precinct 1. This portion of land is no longer needed as an intersection with another road. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the abandonment. The next matter for consideration by the Court was the granting of an easement to Bryan Texas Utilities to install the electric services to the new Sheriff's Office Complex. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to grant the easement and authorize the County Judge to execute the document. The Court next considered approval of the minutes of the Commissioners' Court meetings held in October 2006 on the following dates: Vol 29 Page 9(P Commissioners Court meeting December 12, 2006 9 Regular Meetings - 3rd, 10th lath 24th 31st Special Meeting - 16th On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the minutes as submitted. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for October 2006. A copy is attached to and made a part of these minutes. The next matter before the Court was consideration of a payment authorization to IKON in the amount of $924.00 to pay October and November lease amounts. A Purchase Order was not obtained because a new copier was leased but has not yet been delivered. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization from the Brazos County Bail Bond Board in the amount of $3,515.10 to Sheiness, Scott, Grossman & Cohn, LLP for services rendered. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. At 9:29 a.m. the County Judge announced the meeting Vol $ j Page I Commissioners Court meeting December 12, 2006 10 closed to the public so that the Court could meet in Closed Executive Session to discuss pending litigation as allowed under Section 551.071 of the Texas Government Code. At 9:41 a.m. the County Judge announced the meeting open to the public and stated that no action would be taken on the Closed Executive Session. There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) He went to the CUC meeting in Austin last Thursday where they discussed subdivision regulations. He has concerns and thinks we need legislation to help address the problems. There being no further business to come before the Court, the meeting was adjourned. Vol _ F J - Page I $ The foregoing minutes of the Commissioners Court meeting held December 12, 2006 have been examined and are approved in open Court this the .?J day of TcnjAc~l 200;1 in Bryan, Brazos County, Texas. Randy S County/ 4bxnt Lloyd Wassermann Commissioner, Precinct 1 Duane Peters Kenny Malla d 14, Commissioner, Precinct 2 Commissioner, Precinct 3 Carey Ca ey, Jr. Commiss'oner, Precin 4 Attest: K ren McQueen County Clerk Vol g 9 Page 91 r BRAZOS COUNTY COMMISSIONERS COURT L MEETING ON 200 AT ~~Od aN~ Name Organization/Dep ment I Ll Y / J , -_C 7- (90 C'~ J b o~ 2 o" 14~ 4r, v~7 ,t-' L--rot v g~Rh lop . r BRAZOS COUNTY COMMISSIONERS COURT rc MEETING ON 1~eh4 r 200 AT 5~; 40 Na Organization/Dep ment y~ ~u ~~~CIL ~Vn/oL JUI/7v~~ J.C7~ ~O.J ' ~ o G r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ~Z 2004e.R1,on /OCR BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 56.1 12/12/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 355400 80310000 CR 800 MHz Communication System 38,930.00 3000 355400 67287000 DR Equipment - Radios 38,930.00 3201 282200 80310000 28220700 CR 8 0 MHz Com 58,548.00 3201 , 282200 67287000 28220700 DR Eui ment -Radios 58,548,00 ! W TEEX - State Homeland Security Grant and CLEAR Team Grant: To reallocate budgets to the proper account for the purchases of 800 MHz radios that cost less than $5,000.00 each. ~ I Nftll~ r~ I P, n 91 r.=oU,r /03 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-56.1 On this the 121h day of December 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 12 December 2006 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 12`h day of December 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. ~~r t By: Randy Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006-2007 BUDGET YEAR NO. 06/07-9.1 thru 06/07-9.6 On this the 12'h day of December 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 12 December 2006 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 12 September 2006, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 12`h day of December 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Randy Si s, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes 1i g / E'reuc 1OJC BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 9.1 12/12/2006 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 3000 424100 51200000 CR Salary - Dept. Head 1,873.00 3000 424100 53100000 CR Social Securi 144.00 3000 424100 53200000 CR Retirement 1,073.00 3000 424100 53800000 CR Workers' Com . 5.00 3000 424100 53900000 CR Unemployment Insurance 2.00 3000 424100 72320000 DR Engineering Consulting 3000 424100 67342000 DR Furniture 3000 424100 61010000 CR Advertisin - Le al Notices P 1,000.00 3000 424100 60170000 Co ier/Printer Su lies 3000 48047000 CR Grant - MPO 456.00 MPO: To increase the bud et of both revenue and ex enditure based on the roved FY06-07 bud et from Texas Department of Tran nation. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 9.2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 9.3 12/12/2006 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 3000 355400 67203000 CR Minor computer Hardware 32.00 3000 355400 80310000 CR 800 MHz Communication System 67,633.00 3000 355400 67211000 DR Software 2,375.00 3000 355400 67281000 DR Equipment - Electronic 25,113.00 3000 355400 80281000 DR E ui ment - Electronic 40,177.00 TEEX - State Homeland Securi : To reallocate budget for ex enditures to equi p the new Emergency Operations Center. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 9.4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 9.5 12/12/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 67286000 CR Equipment - Other 1,714.00 4500 63000500 60500000 DR Office Equipment 1,714.00 Capital Pro'ects - Commissioners' Court: To reallocate budget to cover the costs of the followin equipments that have been or will be purchased b Brazos Center: 20" Commercial Hedge Trimmer Commercial Edger Commercial Weedeater Commercial Hand Blower 16" Commercial Chain Saw ~ r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 9.6 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 2800200 67286000 CR E ui ment - Other 8,250.00 0100 28002000 60080000 DR Clothing/[Iniform.- g ~sn nn Jail Administration: To reallocate budget to the porper account for the purchase of ballistic vests. VIA 9q F''huE I) I PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 12, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on 1 Department Submitting Employee Request Action Requested Request(s) Applies To 85th District Court Lara-Hooge, Vera Transfer to Another Dept. New Hire Chapman, Sophia CCL #2 Munoz, Tommy Transfer to Another Dept. I.T. Knotts, Derek New Hire J.P. Pct. 3 Runyon, Mary Transfer to Another Dept. Juvenile Services Slaughter, Steven Resignation SO/Jail Johnson, Kimberly New Hire Mathis, Anna Beth New Hire Roberson, Nathan New Hire Approved in Commissioners' Court: December 12, 2006: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) vv 81NIUL 11A qr;i A RESOLUTION OF THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, AFFIRMING BRAZOS COUNTY'S COMMITMENT TO SUPPORT A COMMUNITY INVESTMENT INCENTIVE FOR THE TEXAS INSTITUTE FOR PRECLINICAL STUDIES (TIPS) AT TEXAS A&M UNIVERSITY IN PARTNERSHIP WITH THE CITY OF COLLEGE STATION AND THE CITY OF BRYAN, TEXAS. WHEREAS, the Commissioners Court recognizes the unique and significant economic development opportunity that the formation and operation of TIPS will have on The Research Valley; and WHEREAS, the Commissioners Court recognizes the substantial financial commitment that Texas A&M University and the State of Texas have made to establish this important life science biotechnology infrastructure in The Research Valley; and WHEREAS, the Commissioners Court recognizes that TIPS will require financial support to assist with initial start-up costs such as capital investment loans, equipment, and other operational expenditures; and WHEREAS, the Commissioners Court supports the use of a Community Investment Incentive to fund The Texas Institute For Preclinical Studies in an amount of Five- Hundred Thousand Dollars ($500,000) annually for five years and supports a funding formula that requires Brazos County to pay an amount of One-Hundred Sixty-Six Thousand Dollars ($166,000) annually, the City of College Station to pay an amount of Two-Hundred and Fifty Thousand Dollars ($250,000) annually, and the City of Bryan to pay an amount of Eighty-Four Thousand Dollars ($84,000); and WHEREAS, the Commissioners Court support this Community Investment Incentive contingent upon the following consideration: the formation of The Texas Institute For Preclinical Studies (TIPS) by the Texas A&M University System; the start of operations of TIPS in The Research Valley by no later than July 1, 2007; new job creation in The Research Valley; an investment of at least $40,000,000 in real and personal property; The Research Valley Partnership membership on TIPS's Board of Directors during, at a minimum, the five year funding term; a commitment to construct and maintain 12,000 gross square feet of life science business accelerator offices to include wet laboratory space within the main building of TIPS; and a commitment by TIPS to work with The Research Valley Partnership, on behalf of the community, to secure health science/life science relating emerging technology company tenants in said space. VA 2q Fkul 1113 Resolution 06-018 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS: PART 1: That the Commissioners Court hereby affirm its commitment to partner with the City of College Station, and the City of Bryan to fund the Community Investment Incentive as detailed herein. PART 2: That this resolution shall take effect immediately from and after its passage. ADOPTED this I2 day of J4-rch,.bcr- , A.D. 2006. ATTEST: ~Z~e~ KAREN McQUEEN, County Clerk APPROVED: RANDY SIMS, County Judge AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT IN REINVESTMENT ZONE NUMBER TWENTY (20) COMMERCIAL-INDUSTRIAL 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 WEATHERFORD ARTIFICIAL LIFT SYSTEMS, INC., a Delaware corporation, (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, the Commissioners Court of Brazos County, Texas, adopted an ordinance on 12 jjacr -IJe. , 2006 establishing Reinvestment Zone Number Twenty (20) for Commercial- Industrial Tax Abatement, County of Bryan, 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 real property improvements, personal property and equipment to be abated pursuant to this Agreement will be situated at 820 Industrial Blvd. Bryan, Texas and legally defined as a tract of approximately 16.134 acres of land, known as Lot 6, Block 1, Brazos County Industrial Park, Phase III, recorded in Volume 500, Page 917, of the Official Records of Brazos County, Texas. (The Property, herein). 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 construction of at least $1,500,000.00 of real property improvements on the Property, as described by listing or by site plan on Exhibit "A" to this Agreement, on or before December 31, 2008. b. OWNER'S adding personal property (equipment and inventory) listed in Exhibit "B" (Personal Property herein) with a cost of at least $23,500,000.00 to the Premises on or before December 31, 2008 and maintaining personal property of at,least that cost on the Premises throughout the term of this Agreement. c. OWNER's maintaining employees and new annual gross payroll as follows: End of year Annual Gross Payroll 2007 $3,000,000.00 ~.~is g~ ~~,~4 ll5 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. 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. Owner shall have the right to exclude from such examination any trade secrets or other proprietary information of Owner or of third parties to whom Owner owes an express obligation of confidentiality. 8. OWNER agrees to limit the use of the Premises consistent with the general purpose of encouraging development or redevelopment within Reinvestment Zone No. 20 while partial abatement of ad valorem taxes is in effect pursuant to this Agreement. 9. OWNER represents and warrants that no member of the Bryan Commissioners Court has an interest in the Premises and that the same are not owned or leased by any member of the Bryan Commissioners Court. 10. OWNER agrees that COUNTY assumes no liability or responsibility by approving plans, issuing building permits or making inspections in the event there is a defect in 2 ,L° E;QL 11b 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 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 COUNTY 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 meet any of its obligations under Section 2(a), (b), or (c) of this Agreement; (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, unless completion of the curative action is not practicable within said thirty (30) days, in which case OWNER and COUNTY shall, in good faith, arrive at a feasible deadline for the completion of action to cure the default. 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. 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 COUNTY, and to each taxing unit in whose jurisdiction the Premises are situated, no later than February 1, 2008 and on February I" of each year thereafter during the term hereof, a Statement of Compliance in the form attached hereto as 3 VOL VPAGE Exhibit "C" indicating that OWNER has or has not completed the improvements on the PREMISES in accordance with the Plans or revised plans and further indicating that OWNER has or has not complied with each applicable provision of this Agreement for the immediately preceding calendar year. 15. This Agreement shall be for a term of six (6) years unless sooner terminated. The partial exemption from ad valorem taxation of real property improvements and of Personal Property (including equipment and inventory as referenced in Section 2.b, above) during each tax year covered by this Agreement shall be computed by taking a percentage of the increase in value of the Property, the Premises, and the Personal Property on January ls` of each tax year over the value on January Is` of 2006, which is the year this Agreement was executed by OWNER and COUNTY. The agreed value of the Property, the Premises, and the Personal Property was $546,740 on January 1, 2006, 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 Year 1 (2007) Year 2 (2008) Year 3 (2009) Year 4 (2010) Year 5 (2011) Year 6 (2012) 16. Miscellaneous. Percentage of increased value over January 1, 2006 value to be abated No abatement 80% 60% 60% 40% 20% 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 apply. 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. A94F; ~ 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 Brazos County and to the Bryan Independent School District for review and comment prior to adoption by the Bryan 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. Other than to a subsidiary, an affiliated entity, or a successor resulting from reorganization, OWNER shall not assign this Agreement without the written approval of the Bryan 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 Bryan 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: CITY OF BRYAN OWNER COUNTY MANAGER WEATHERFORD ARTIFICIAL LIFT SYSTEMS, P.O. Box 1000 INC. Bryan, Texas 77805-1000 515 Post Oak Blvd., Suite 600 Houston, Texas 77027 BRAZOS COUNTY BRYAN INDEPENDENT SCHOOL DISTRICT Randy Sims, County Judge Merrill Green, President - Board of Trustees 300 E. 26`h Street, Suite 114 101 N. Texas Avenue Bryan, Texas 77803 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. b"' A4i.f~ It L ATTEST: Karen McQueen, Coun y Clerk APPROVED AS TO FORM: Rod Anderson, Legal Counse to the Commissioners Court ATTEST: BRAZOS COUNTY Randy Si County Judge Execu ed on: (2/12 WEATHERFORD ARTIFICIAL LIFT SYSTEMS, INC. BY: \41 ( (Title) Executed on: 2 UC > 6 ~ u! $R F„uE 1 as EXHIBIT A - SITE PLAN 7 L- El01l EXHIBIT 'B'- EQUIPMENT AND PERSONAL PROPERTY VOLPkGEo EXHIBIT "C" STATEMENT OF COMPLIANCE WITH AGREEMENT FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT WITH WEATHERFORD ARTIFICIAL LIFT SYSTEMS, INC. REINVESTMENT ZONE TWENTY (20) THE STATE OF TEXAS § COUNTY OF BRAZOS § WEATHERFORD ARTIFICIAL LIFT SYSTEMS, INC. ("Owner") hereby certifies any improvements on the Property, as called for in the above referenced Agreement, have been completed and constructed in every material respect pursuant to said Agreement. Owner further certifies that it has complied with all applicable and material terns of said Agreement. Signed this day of , 200_. WEATHERFORD ARTIFICIAL LIFT SYSTEMS, INC. By: Name: Title: President Any above-described improvements have been accepted by Brazos County, Texas as having been constructed in compliance with the above referenced Agreement, and that pursuant to said Agreement the partial exemption from taxation shall commence on January 1, 2008 continuing through the year 2012, which will be the last year that the property will be entitled to exemption from taxation in accordance with this Agreement, and that the taxable value of the Premises for such period of time shall be the taxable value as finally determined, following any applicable contests and appeals, by the Brazos County Appraisal District on January Vt of each year of the term of the Agreement. Signed this 12 day of , 200 . ATTEST: ~ 7 y: K n McQueen, County erk BRAZOS COUNTY Randy S~ County Judge 9 VOL FaGE a3 AGREEMENT #l3 This Agreement is between the City of College Station, Texas, a home-rule city created under the laws of the State of Texas (hereinafter "the City") and Brazos County, Texas, a county existing under the laws of the State of Texas (hereinafter "the County"). ARTICLE I The City has created the College Station Reinvestment Zone No. 16 to spur economic growth in the Northgate area of College Station, Brazos County, Texas, and to construct a convention center and related improvements to be owned by the City. The College Station Reinvestment Zone No. 16 was established by Ordinance No. 2907, a copy of which is attached hereto as Exhibit "A", excluding exhibits. Ordinance No. 2907 in its entirety is maintained in the City of College Station's City Secretary's Office and is incorporated herein by reference for all purposes. ARTICLE II As used in this Agreement, the following terms shall have the meanings set out below: "Agreement" means this agreement between the City and the County. `Brazos County" is defined in the preamble of this Agreement and includes its successors and assigns. "Brazos County Ad Valorem Tax Rate" means the then current ad valorem tax rate of Brazos County, Texas. "Brazos County Tax Increment Participation" means the amount of the County ad valorem tax levy on the Captured Appraised Value, which the County agrees to contribute to the College Station Reinvestment Zone No. 16 pursuant to Article III of this Agreement. "Captured Appraised Value" means the captured appraised value of the College Station Reinvestment Zone No. 16, as defined by Chapter 311, Texas Tax Code. "City" is defined in the preamble of this Agreement and includes its successors and assigns. "City's Tax Increment Participation" means an amount equal to one hundred percent (100%) of the ad valorem taxes collected by the City each year during the duration of College Station Reinvestment Zone No. 16 on the Captured Appraised Value of real property within the College Station Reinvestment Zone No. 16. "College Station Reinvestment Zone No. 16" means the College Station Tax Increment Finance Reinvestment Zone No. 16, City of College Station, Texas, created by the City over the College Station Tax Increment Finance Reinvestment Zone No. 16 area. "College Station Tax Increment Finance Reinvestment Zone No. 16 Area" means the area of the City to be included in College Station Reinvestment Zone No. 16, being described in Exhibit "B" attached hereto and incorporated herein by reference for all purposes. 02-3017 TIF Participation Agreement FINAL 10-19-06-1.doc Page 1 of 8 gti,p~.~~~uk~- r "Plan" means the final project plan and final reinvestment zone finance plan for the College Station Reinvestment Zone No. 16, adopted by the board of directors of the College Station Reinvestment Zone No. 16 and approved by the City Council of the City. "Tax Increment Fund" means the tax increment fund created by the City in the City Treasury for the College Station Reinvestment Zone No. 16. Terms used herein and not otherwise defined shall have the meanings ascribed to them in Chapter 311, Texas Tax Code. ARTICLE III The County, pursuant to Texas Tax Code §311.01 et seq., may participate in and contribute a portion of its tax rate to College Station Reinvestment Zone No. 16. The County hereby agrees to participate in College Station Reinvestment Zone No. 16, by contributing one hundred percent (100%) of the ad valorem taxes collected by the County each year during the term of this Agreement on the Captured Appraised Value of real property within the College Station Reinvestment Zone No. 16, less that portion of the ad valorem taxes pledged directly to debt service. Currently the tax rate upon which the County's participation would be determined is forty-five and 50/100 cents ($0.4550) per one hundred and no/100 dollars ($100.00) valuation, less its debt service of six and 20/100 cents ($0.0620) per one hundred and no/100 dollars ($100.00) valuation, for a current participation rate of thirty-nine and 30/100 cents ($0.3930) per one hundred and no/100 dollars ($100.00) valuation. However, both the County and the City agree that the tax rate and the portion of the tax rate pledged directly to debt service are subject to change and the contribution herein pledged by the County to the Tax Increment Fund shall change as both its tax rate and tax rate pledged to debt service changes. Brazos County's Tax Increment Participation and obligation to participate in the College Station Reinvestment Zone No. 16 shall be restricted to its tax increment collected on the Captured Appraised Value in the College Station Reinvestment Zone No. 16. The County shall not be obligated to pay its Brazos County Tax Increment Participation from other Brazos County taxes or revenues or until the Brazos County Tax Increment Participation in the College Station Reinvestment Zone No. 16 is actually collected. The obligation to pay the Brazos County Tax Increment Participation shall commence as taxes representing the Brazos County tax increment are collected by the County and payment shall be due thirty (30) days after collection. The first payment of the Brazos County Tax Increment Participation shall be for those taxes as levied by the County in the year 2008 and, subject to Article IV (e), the last payment by the County under this Agreement shall be the earlier of those taxes levied by the County in the year 2023 or when all bonds and interest accruing thereon have been paid in full. ARTICLE IV The contribution of the County referenced in Article III is subject to the following conditions: (a) The City shall pledge one hundred percent (100%) of its hotel/motel tax generated by the hotel property connected to the convention center located in the College Station Reinvestment Zone No. 16 to the Tax Increment Fund. The City further agrees to pledge 100% of the ad valorem taxes collected by the City each year during the duration of the College Station Reinvestment Zone No. 16 on the Captured Appraised 01-3017 TIF Participation Agreement FINAL 10-19-06-I.doc Page 2 of 8 VOL27 PAGE J Value of real property in the College Station Reinvestment Zone No. 16. The City agrees to pledge resources adequate to pay annual debt service for any bonds (Certificates of Obligation) issued with respect to this Agreement. (b) The Tax Increment Fund may be used by the City to fund public improvements in the College Station Reinvestment Zone No. 16, including a convention center. The Plan is attached hereto as Exhibit "C" and incorporated herein by reference for all purposes. (c) The City shall not request that the County participate in any additional tax increment finance reinvestment zones in either the Northgate area or its surrounding area during the term of the College Station Reinvestment Zone No. 16; provided, however, that the City may change the boundaries of College Station Reinvestment Zone No. 16 as permitted by Chapter 311, Texas Tax Code. (d) The City shall not request the County in the future to consider the granting of tax abatement to any property owner within the College Station Reinvestment Zone No. 16 for the duration of the Agreement. (e) The County's obligation to participate in the College Station Reinvestment Zone No. 16 shall terminate on the earlier to occur of: (i) December 31, 2023, or (ii) on the date all bonds and interest accruing thereon have been paid in full. Notwithstanding the foregoing, the County shall contribute the taxes levied and collected for the College Station Reinvestment Zone No. 16 for the tax years 2008 through 2023. ARTICLE V No waiver or deferral by either parry of any term or condition of this Agreement shall be deemed or construed to be a waiver or deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. ARTICLE VI This Agreement may only be amended by written instrument approved and executed by the parties. ARTICLE VII This Agreement and the rights and obligations contained herein may not be assigned by the assigning party without the prior written approval of the non-assigning party. ARTICLE VIII Any terms or provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way effect, impair or invalidate any other term or provision herein and such remaining terms and provisions shall remain in full force and effect. 02-3017 TIF Participation Agreement FINAL 10-19-06-I.doc Page 3 of 8 VOL9 ~ PACE ►a<o ARTICLE IX The parties hereby state that they have read the terms of this Agreement and hereby agree to the conditions contained herein. ARTICLE X This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. ARTICLE XI All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3`d) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving parry may have theretofore prescribed by notice to the sending party. The initial address of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: City Brazos County Glenn Brown Judge Randy Sims City Manager Brazos County Judge City of College Station Brazos County Courthouse 1101 Texas Avenue 300 E. 26th Street College Station, TX 77840 Bryan, TX 77803 ARTICLE XII No party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE XIII The County hereby acknowledges and represents that it waived the notice requirements with respect to the June 22, 2006 public hearing held by the City in accordance with the provision of Section 311.003(e) of the Texas Tax Code. 02-3017 TIF Participation Agreement FINAL 10-19-06-1.doc Page 4 of 8 VOL S I PAUGE I a 7 BRAZOS By: ZZ%e~ Randy Sims, Colafty Judge Date ATTEST: / By: / O Karen McQueen, County Clerk Date CITY OF COLLEGE STATION By: Ron Silvia, Mayor Date ATTEST: By: Connie Hooks, City Secretary Date APPROVED: Glenn Brown, City Manager Date Harvey Cargill, Jr. City Attorney Date Jeff Kersten, Chief Financial Officer Date 02-3017 TIF Participation Agreement FINAL 10-19-06-I.doc Page 5 of 8 frsl 1WE OX EXHIBIT A Ordinance No. 2907 02-3017 T1F Participation Agreement FINAL 10-19-06-1.doc Page 6 of 8 VOL nPAGE IQ C/ EXHIBIT B College Station Tax Increment Finance Reinvestment Zone No. 16 Area 02-3017 TIF Participation Agreement FINAL I0-19-06-l, doc Page 7 of 8 .nr EXHIBIT C Project Plan and Financing Plan 02-3017 TIF Participation Agreement FINAL 10-19-06-1, doc Page 8 of 8 P~ " I Texas Health and Human National School Lunch Program and School Breakfast Program Services Commission Individual Site Information Form H1609 April 2002 Name of School/RCCI/Afterschool Care Feeding Site Telephone Number Brazos Count Academy ( 979 ) 823-3544 Address (Street or P.O. Box, City, State, Zip) 623 Mary Lake Bryan, 1x. 77801 Name of Person in Charge of Food Service Program Name of School Food Authority Patrick Munoz Type of Feeding Site (check all that apply) ® Day School ❑ Boarding School ❑ Combination Day School ❑ Residential Child and Boarding School Care Institution ❑ Combination Day School and Residential Child Care Institution ❑ Special Education School ❑ Afterschool Care Snack Site ❑ Other (specify): 1. Is the above school/residential child care institution licensed? (If yes, attach copy of license.) ® Yes ❑ No 2. Program(s) that you are applying for: ® National School Lunch Program ❑ Afterschool Care Snack program (SFA must be participating in National School Lunch Program) ® School Breakfast Program ❑ Severe Need School Breakfast Program Rates` Available to schools/residential child care institutions meeting the following eligibility criteria: 1. 40% or more total lunches served in second preceding year were free or reduced pdce; and 2. Breakfast costs exceed the regular reimbursement rates available under the School Breakfast Program. Number of Months Beginning Date of Operation Ending Date of Operation 3. Number of months the school will be operating a food service program: 9 08/14/2006 05/30/2007 4, Number of children enrolled at school/residential child care institution: 30 A. Age Range of Children Enrolled B. Grade Levels Taught (schools only) From: 10 To: 16 From: 5 To: 12 5. AVERAGE DAILY PARTICIPATION OF CHILDREN IN PROGRAM TIMES OF FOOD SERVICE Food Service: Free Reduced Price Paid Beginning Ending Breakfast 30 _ Lunch 30 00put 1:00 Area Eligible Afterschool Care Snack f'ax'. xn Not Area Eligible Afterschool Care Snack 6. Attendance (for residential child care institutions only) A. Are all of the children at the institution all day? If no, do all or some of the children attend public school? If only some attend public school, how many? If some or all attend public school, which meals do these student eat at the institution? B. Check if the children attend the institution on holidays and/or weekends 7. Type of Meal Service ® Yes ❑ No ❑ All ❑ Some ❑ Breakfast ❑ Lunch ❑ Holidays ❑ Weekends A. Meal Preparation ❑ On-Site Kitchen ® Central Kitchen ❑ Food Service Management Company ❑ Vended Meals (submit copy of contract and checklist) (submit copy of agreement) ❑ Other (explain: 8 Meal Planning System ❑ Enhanced Food Based ® Traditional Food Based ❑ Nutrient Standard Menu ❑ Assisted Nutrient Standard Menu Planning Planning (NSMP or NuMenus) (ANSMP or Assisted NuMenus) (See instructions for documents to submit.) ❑ Other (explain: _ NOTE: Snacks served in the Afterschool Care Snack program must follow the food based supplement pattern regardless of your menu planning method for breakfast and/or lunch. Type of Program ❑ Separate Charges ® No Separate Charge; Cost of Meals is Included ❑ Combination of Separate Charges and Made for Meals in Required Payment Plan/Fee No Separate Charges Form H1609 Page 2/04-2002 9. Daily Price Charged for Each Meal (for programs that will charge separately CHILDREN ADULTS only): Reduced Price Paid Breakfast Lunch Not Area Eligible Afterschool Care Snack i NOTE: Area Eligible Afterschool Care Snack program sites must provide snacks free of charge to all students participating in the afterschool care program. 10, A. If annlvinn fir rho niatinnal School Lunch Proaram. indicate whether Offer versus Serve will be implemented: High School (mandatory) Junior High (optional) Elementary (optional) Preschool (optional) Residential Child Cara Institution (optional) ® Yes ® Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No B. If applying for the School Breakfast Program, indicate whether Offer versus Serve will be implemented: High School (optional) ❑ Yes ® No Junior High (optional) ❑ Yes ® No Elementary (optional) ❑ Yes ❑ No Preschool (optional) ❑ Yes ❑ No Residential Child Care Institution (optional) ❑ Yes ❑ No 11. Will supplemental (a la carte or snack bar) food service be available in addition to the school lunch? ❑ Yes ® No Questions 12 through 15 apply only to the Afterschool Care Snack program. 12. Is attendance in afterschool care program limited to students enrolled in your school/RCCI? ❑ Yes ® No If no: In which individual public school attendance area (not district) is the site located? NOTE: You must attach an information statement from the ISD (see instructions). 13. Indicate your school/RCCI or the public school free or reduced price enrollment percentage: Free or Reduced Price: 100 % 14 Which required activities are included in your after school program? ® Educational Activities ❑ Enrichment Activities 15. Licensing (for schools only) A. Is a Texas Child Care License required for your after school care program? ❑ Yes ® No If yes, attach copy of license. If no, attach written confirmation from TDPRS that your facility is not subject to licensure. B. If after school care site is not on a school campus and is exempt from licensure, are all state and local health and safely standards met? (Attach copy of most recent inspections.) ❑ Yes ❑ No I CERTIFY that the information on this form is true and correct to the best of my knowledge. I understand that deliberate misrepresentation or withholding of information may resyrlt in prosecution under applicable state and federal statutes. / Title Count Jud e Signature-Official Date e aJ L-22 }et E- ) 33 Texas Health and Human Form H1610 Services Commission Natlonal School Lunch Program and School Breakfast Program March 2006 Application for Participation and Policy Statement School Program Year: July 1, 2006 through June 30, 2007 Part I - Application as ID No. Contract No. Program No. 17460004330000 75 61001 TX 021 - 2001 Name of School Food Authority Contact Person Brazos Count Texas Patri k unoz Address (Street or P.0 Box, City, State, ZIP) 1904 Highway 21 West Bryan, Texas 77803 Telephone Number Fax Number Email Address ( 979 )823-3544 ( 979 ) 823-4211 unoz@co.brazos.tx.us Name of School/Facility (If more than one site, complete HHSC Form 1-11609 for each site.) Brazos Count Academy School Address (if different from School Food Authority address) Telephone Number 623 Mary Lake Bryan, Texas 77801 ( 979 ) 824-4842 Type of School/Facility (check all that apply) ® Day School ❑ Boarding School ❑ Combination Day School ❑ Residential Child ❑ Combination Day School and and Boarding School Care Institution Residential Child Care Institution ❑ Special Education School ❑ Afterschool Care Snack Site ❑ Other (specify): School/Residential child care institution (RCCI) is: ® Public ❑ Private b If "Private,' is the school/RCCI nonprofit and tax exempt ❑ Yes ❑ No If "Yes,' attach copy of under the Internal Revenue Code of 1954? letter from the IRS. Total Enrollment for All Schools/RCCIs Total Number of All Schools/RCCIs Administered by Food Authority: 30 Administered by School Food Authorit : 1. Is the above school/residential child care institution licensed? (If yes, attach copy of license.) ® Yes ❑ No 2. Program(s) that you are applying for: ® National School Lunch Program ❑ Afterschool Care Snack program (must be participating in National School Lunch Program) ® School Breakfast Program ❑ Severe Need School Breakfast Program Rates" ' Available to schools/residential child care institutions meeting the following eligibility criteria: 1. 40% or more total lunches served in second preceding year were free or reduced price. 2. Breakfast costs exceed the regular reimbursement rates available under the School Breakfast Program. ❑ Seamless Summer Program - Specify Program Year: May 1, through September 1, Note: Form H1612 must be completed for each Seamless Summer Site. 3. Number of months the school will be operating a food service program:.. 4. Number of children enrolled at school/residential child care institution:.... A. Age Range of Children Enrolled From: 10 To: 5. Number of Months Beginning Date of Operation Ending Date of Operation 10 08/15/21 05/30/2007 .1 30 B. Grade Levels Taught (schools only) From: 5 To: 12 Average Daily Participation of Children in Program Times of Food Service Food Service: Free Reduced Price Paid Beginning Ending Breakfast 30 7.00 am 8.00 sai Lunch 30 _ 12:00 pm 1:00 Pat Area Eligible Afterschool Care Snack Not Area Eligible Afterschool Care Snack 6. Attendance (for residential child care institutions only) A. Are all of the children at the institution all day? ® Yes ❑ No If no, do all or some of the children attend public school? ❑ All ❑ Some If only some attend public school, how many? If some or all attend public school, which meals do these student eat at the institution? ❑ Breakfast ❑ Lunch ❑ Afterschool Snack B. Check if the children attend the institution on holidays and/or weekends. . Holidays ❑ Weekends VOL,,gjPAGE13 q Form H1610 Page 2103-2006 7. i ype ui mcai x1 vme A. Meal Preparation ❑ On-Site Kitchen ❑ Other (explain): ® Central Kitchen ❑ Food Service Management Company ❑ Vended Meals (submit copy of contract and checklist) (submit copy of agreement) B. Meal Planning System ❑ Enhanced Food Based ® Traditional Food Based ❑ Nutrient Standard Menu ❑ Assisted Nutrient Standard Menu Planning Planning (NSMP or NuMenus) (ANSMP or Assisted NuMenus) (See instructions for documents to submit.) ❑ Other (explain): Note: Snacks served in the Afterschool Care Snack program must follow the food based supplement pattern regardless of your menu planning method for breakfast andlor lunch. 8. Type of Program 9. ❑ Separate Charges ® No Separate Charge; Cost of Meals is Included Made for Meals in Required Payment Plan/Fee ❑ Combination of Separate Charges and No Separate Charges Daily Price Charged for Each Meal CHILDREN ADULTS (for programs that will charge separately only): Reduced Price Paid Breakfast Lunch Not Area Eligible Afterschool Care Snack Note: Area Eligible Afterschool Can: Snack program sites must provide snacks free of charge to all students participating in the after school care program. 10. A. If applying for the National School Lunch Program, indicate whether Offer versus Serve will be implemented: High School (mandatory) Junior High (optional) I Elementary (optional) Preschool (optional) Residential Child Care Institution (optional) I rgl Yes I It Yes ❑ No ❑ Yes ❑ No [I Yes [I No E] Yes El No B. If applying for the School Breakfast Program, indicate whether Offer versus Serve will be implemented: High School (optional) Junior High (optional) Elementary (optional) Preschool (optional) Residential Child Care Institution (optional) ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 11. Describe your training in food service program requirements for personnel (use an attachment if necessary): Kitchen is trained amkaily with KL9P and =A Civil RigLts Curicut1m Mw are Provided food handlers traindim though the local health department there is also specific training 100111117 rvi in areas of safety, erpdymeot naintenance as well as a ISIP updates. Staff are all trained in areas of meal patterns, portions sizes and meal cant tiara- d651EHEsElcm-, and areas rummmed necessary. 12. Will supplemental (a la cane or an bar) food service be available in addition to the school lunch? ❑ Yes ® No Questions 13 through 18 apply only to the Afterschool Care Snack program. 13. How will the school food authority operate the after school care program? If non-school personnel, what organization is responsible for day-to-day operations? ❑ Will Use School Personnel ❑ Will Use Non-school Personnel: 14. Total number of sites administered by School Food Authority offering the Afterschool Care Snack program 15. Is attendance in after school care program limited to students enrolled in your school/RCCI? N no: In which individual public school attendance area (not district) is the site located? _ Note: You must attach an information statement from the ISD (see instructions). 16. Indicate your school/RCCI or the public school free or reduced-price enrollment percentage: Free or Reduced Price: % 17. Which required activities are included in your after school program? ❑ Educational Activities ❑ Enrichment Activities 18. Licensing (for schools only) A. Is a Texas Child Care License required for your after school care program? If yes, attach copy of license. If no, attach written confirmation from TDFPS that your facility is not subject to licensure. B. If after school care site is not on a school campus and is exempt from licensure, are all state and local health and safety standards met? (Attach copy of most recent inspections ) ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Form H1610 Page 3103-2006 Part II - Policy Statement for Free and Reduced-Price Meals If the school food authority operates a program that requires separate charges for meals, it must comply with Sections A and B. If the school food authority operates a program that does not require separate charges for meals, it must comply with Sections B and C. If the school food authority operates a program that requires both a separate charge and no separate charge for meals, it must comply with Sections A, B, and C. Section A - Programs that Charge Separate ONLY 1. The school food authority accepts responsibility for providing free and reduced-price meals to eligible children. The school food authority assures HHSC that it will uniformly implement the following policy to determine children's eligibility for free and reduced-price meals in the National School Lunch Program and School Breakfast Program. In fulfilling its responsibilities, the school authority agrees to: a. Serve free meals to children from households whose income is equal to or less than the income eligibility standard for free meals on Form H4504, Income Standards for Determining Free and Reduced-Price Eligibility, applicable to the contract period, or to children from food stamp households or TANF assistance units that provide a case number. b. Serve reduced-price meals to children from households whose income is above the income eligibility standard for free meals but equal to or less than the standard for reduced-price meals on Form H4504, Income Standards for Determining Free and Reduced-Price Eligibility, applicable to the contract period. C. Provide these benefits to children from families submitting completed applications whose incomes meet the criteria on Form H4504, and to foster children and children from families whose incomes meet the criteria on Form H4504 because of strikes, layoffs, or unemployment. d. Designate to review applications and determine eligibility. This official must use the criteria in this policy to determine which children are eligible for free or reduced-price meals. e. Prohibit physical segregation of, or any other discrimination against, any child because of his eligibility for free or reduced-price meals. The names of these children must not be published, posted, or announced in any manner. They must not be overtly identified by special tokens or tickets or by any other means. They must not be required to (1) work for their meals; (2) use a separate lunchroom; (3) go through a separate serving line; (4) enter the lunchroom through a separate entrance; (5) eat a meal different from the one sold to children paying the full price; or (6) eat meals at a different time from the other children. I. Establish and use a fair hearing procedure for parents who appeal the school's/RCCI's decisions on applications and for officials of schools/RCCIs who dispute information in an application or the eligibility of children for free or reduced-price meals. During the appeals and hearing, the child must continue to receive free or reduced-price meals. Records must be kept according to record retention requirements in the National School Lunch/School Breakfast Program Handbook and agreement. Before beginning the hearing procedure, the parent or local school/RCCI official may request a conference. The conference should provide an opportunity for the parent and school/RCCI official to discuss the situation, present information, and obtain an explanation of data submitted in the application and decisions made. A conference must not prejudice or diminish the right to a fair hearing. The hearing procedure must provide: (1) A simple, publicly announced method for making an oral or written request for a hearing. (2) An opportunity to be assisted or represented by an attorney or other person. (3) An opportunity to examine, before and during the hearing, the documents and records presented to support the decision being appealed. (4) Reasonable promptness and convenience in scheduling a hearing and adequate notice of the time and place of hearing, (5) An opportunity to present oral or documentary evidence and arguments supporting a position, without undue interference. (6) An opportunity to question or refute testimony and evidence and to confront and cross-examine adverse witnesses. (7) A decision made by a hearing official conducting the hearing who was not involved in the decision being appealed or in any previously held conference. (8) A decision by the hearing official based on oral and documentary evidence presented at the hearing that is made a part of the hearing record. (9) Written notification of the hearing official's decision, including the household's right to reapply any time during the year, provided to the parties concerned and their designated representatives. (10) A written record that includes the decision being appealed, documentary evidence, and a summary of oral testimony presented at the hearing, the hearing official's decision and thN reasons for the decision, and a copy of the notification of the hearing official's decision to the parties concerned. Form H1610 Page 4/03-2006 (11) Record retention of the hearing for three years and 90 days after the end of the fiscal year to which it pertains. If audit findings have not yet been resolved, the records must be kept until the audit issues are resolved. The record must be available for examination by the parties concerned, or their representatives, at any reasonable time and place during the retention period. g. Submit information for public release to the news media, local unemployment offices, and major employers contemplating large layoffs in the area served by the school/RCCI. The school food authority must send the information for public release by letter at the beginning of each school year and when eligibility standards change. All changes in eligibility criteria must be publicly announced. The school food authority must keep a copy of the letter transmitting the public release information for three years and 90 days after the end of the fiscal year to which it pertains or until audit issues are resolved. The public release must include: (1) A sample of the letter to the parents (Form H4524). (2) Form H4504. The information for public release was or will be provided to the organizations on the dates that follow (attach a sheet if more space is needed): Public News Media Date Organization Date h. Establish a procedure to collect money from children who pay for their meals and a procedure to accurately record the number of free, reduced-price, and full-price meals served. The procedure described in this item must be used so that children will not be aware of who is receiving free and reduced-price meals. Check the collection procedure the school food authority uses. ❑ Collection Procedure 1 - Each day children can buy tickets in the cafeteria manager's office but they do not receive the tickets. The cafeteria manager then sends the purchased tickets and the tickets for free or reduced-price meals to the classroom. The teacher distributes the tickets just before meal time. The tickets are coded for accounting purposes. ❑ Collection Procedure 2 - Each day children pay for their meals in the office. A list of all children who paid or are eligible for free or reduced-price meals is prepared and sent to the cafeteria. A cashier familiar with the children checks names as children pass through the line. Aker the meal service, the list is returned to the office for accounting purposes. This method works only in a small school/RCCI where the cashier knows all the children. ❑ Collection Procedure 3 - The homeroom teacher gives each child an envelope for daily, weekly, or monthly payments. Children return the envelopes with the payments enclosed or empty if eligible for free meals. The envelopes are collected in the office and coded tickets are issued to each child. ❑ Collection Procedure 4 - Parents pay in advance by the month. Each teacher receives a list of those children who have paid. Children who receive free meals are marked paid, so only the bookkeeper knows which children receive a free meal. Teachers keep daily records of each child served and send the records to the office for accounting purposes. ❑ Collection Procedure 5 - Meal payments are collected in the secretary's office. Payments can be made by children or parents daily, weekly, or monthly. The secretary records payments and knows which children qualify for free or reduced-price meals. In the classrooms, the secretary distributes identical tickets labeled only with the children's names. Since the parents may pay, even the children may not know whether their meals are free, full-priced, or reduced-price. ❑ Collection Procedure 6 - Parents are billed monthly for full-priced or reduced-price meals their children are served. All payments are mailed in. All participating children receive a coded ticket each month, which is punched at each meal service. At the end of the month, the tickets are collected and a clerk calculates the amount to be billed. ❑ Collection Procedure 7 - Other. Explain in detail. (Use an attachment if necessary.) VOL~PAGE 137 Form H1610 Page 5/03-2006 Describe how the daily numbers of free, reduced-price, and full-price meals are identified and counted, and the numbers recorded. (Use an attachment if necessary.) Describe how daily point-of-service counts are taken. The point-of-service in the food service operation is the point at which it can be accurately determined that a meal is reimbursable. This is usually the end of the line. If tickets or tokens are collected at the beginning, explain how you assure that a reimbursable meal was taken. (Use an attachment if necessary.) Section B - Programs that Charge Separately AND Programs that DO NOT Charge Separately In fulfilling its responsibilities, the school food authority agrees: 1. In accordance with federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call 800-795-3272 or 202-720-6382 (TTY). USDA is an equal opportunity provider and employer. 2. (Applicable only if operating day schools and boarding schools) - Develop and distribute to each child's parent or guardian a letter, according to the sample attached, and an application form for free or reduced-price meals. These must be distributed at the beginning of each year and when eligibility criteria change. a. The school food authority must complete (1) or (2) as applicable: (1) Form H4524 is a sample of the letter to parents whose children are in a program that charges separately for meals. Is the school food authority using the attached sample? ❑ Yes ® No (2) Form H4524 is a sample of the letter to parents whose children are in a program that does not charge separately for meals. Is the school food authority using the attached sample? ❑ Yes ® No If the answer to either (1) or (2) is "No," the school food authority must submit to HHSC, with this application form, a copy of the letter they send to parents. HHSC must approve this letter before the school food authority sends it to parents. On approval, the school food authority must attach Form H1625-A to the letter and send both documents to parents. b. Form H4524 is a sample of the application for free and reduced-price meals. Is the school food authority using the attached sample? ❑ Yes ® No The school food authority must ask parents to complete the application and return it to the determining official named in Section A of this form. Applications and documentation of action taken are kept for three years and 90 days after the end of the fiscal year to which they pertain. If audit findings are not resolved, the records are kept until the issues are resolved. Applications may be filed at any time during the year. The school food authority must supply an application to parents enrolling a child in a school/RCCI for the first time (at any time during the year). If a child transfers from one school/RCCI to another under the jurisdiction of the same school food authority, his/her eligibility for a free or reduced-price meal is also transferred. Note - Programs that Charge Separately ONLY: All children from the same family must receive the same benefits. Within 10 workdays of receiving applications, parents or guardians must be notified individually of the decision on their applications. Children are served meals as soon as they are determined eligible. Form H1623 is a sample of the notification letter to the parents about the application for free and reduced- price meals. Is the school food authority using the attached sample? ❑ Yes ❑ No If "No," the school food authority must attach a copy of the letter being sent to parents. When an application if denied, parents or guardians are informed in writing of the reason for denial and the hearing procedure. The designated hearing official is Name Title This person must be someone not involved in the original eligibility determination. It is suggested that the hearing official hold a higher position than the determining official. The hearing official and the determining official cannot be the same person. Submit to HHSC any proposed changes to this policy statement before it is implemented. Changes are effective only when they are approved by HHSC. WGL_aPAIF. )3? Form H1610 Page 6103-2006 4. Verify eligibility according to the National School Lunch/School Breakfast Program Handbook and program regulations. 5. Indicate which of the provisions of this section, if any, the school food authority wants to participate in for free and reduced-price meals. Three special provisions are available to school food authorities that affect free and reduced-price meal policy and procedures, a. Provision 1 - The annual certification of children eligible to receive FREE meals may be reduced to once every two years in schoolslRCCls. This period can be reduced if 80% of the children in attendance are eligible for free and/or reduced-price meals based on data from March of the previous year. Applications must still be sent annually to students who pay full-priced or reduced-price or who are newly enrolled. For claiming purposes, school staff must continue to keep a daily record of the number of paid, free, and reduced-price meals served to children. ® We choose NOT to participate in Provision 1. ❑ We will participate in Provision 1, and certify that the following schools had 80% or above free andlor reduced price recipients participating: Our first year under Provision 1 will be school year b. Provision 2 - School food authorities may choose to serve all children at no charge. Any school/RCCI that chooses to serve all children meals at no charge may reduce the frequency of certification for children eligible for free and/or reduced-price meals to once every four years. School food authorities must submit socioeconomic data from an approved source with their base year (first year) application to implement Provision 2, and socioeconomic data from the same source with their application for extension at the end of the four-year cycle. The base year, or first year, that a school is on Provision 2 is part of the four-year cycle. If HHSC determines at the end of the four-year cycle that there has been negligible improvement (five percent or less improvement after adjusting for inflation) in the socioeconomic status of that school food authority's population, the Provision 2 period may be extended another four years. School food authorities choosing Provision 2 must use local sources other than federal reimbursement to absorb the cost of (1) meals served to children not eligible for free or reduced-price meals; and (2) the difference between the cost of the meal and the federal reimbursement received for each free or reduced-price meal served to children eligible for meals. School food authorities of schoolslRCCls using Provision 2 are required to send letters and applications to parents only at the beginning of the four-year period. School food authorities must maintain all approved applications and eligibility documentation from the designated base year at least three years and 90 days after the final Claim for Reimbursement of the final school year that employed base year data, or longer if required for audit resolution. Schools/RCCls are required to determine daily during the first year of the four-year period the actual number of meals served to all attending children by type (free, reduced-price, and paid). In the second, third, and fourth years, monthly claims for meals served by type (free, reduced-price, and paid) are based on a percentage of the total number of meals served by type in the corresponding month of the first year. ® We choose NOT to participate In Provision 2. ❑ The following schoolslRCCls will participate in Provision 2: Our base year or first year under Provision 2 will be school year Provision 2 will be in effect for three successive school years after the base year, including school years . and The school year that we will be reconsidered for an extension for Provision 2 is in the fourth year or school year VOL 9 P;,(;E 139 Form H1610 Page 7103-2006 We will use and submit the following approved source of socioeconomic data with our application for our base year and when being considered for an extension (check source being used): ❑ Local data collected by the city or county zoning and economic planning office. ❑ Unemployment data. ❑ Local Food Stamp Program certification data. ❑ Temporary Assistance for Needy Families (TANF) data (provided that eligibility standards were the same or more restrictive in the base year as current year with allowance for inflation). Form H4524 is a sample of the letter to parents whose children are in programs with no separate charges for meals. It can be sent to parents for Provision 2 participants. If participating in Provision 2, you must answer the following question: Is the school food authority using the attached sample Form H4524? ❑ Yes ❑ No If "No," the school food authority must attach a copy of the letter being sent to parents. C. Provision 3 - School food authorities may choose to serve all children meals at no charge. Any school/RCCI which chooses to serve all children meals at no charge will conduct certification of children eligible for free and/or reduced-price meals during a designated base year and will not conduct eligibility certification during the successive four-year period following the base year. The school food authority must submit socioeconomic data from an approved source with their base year application, and from the same source with their application for extension at the end of the four-year cycle. If HHSC determines after the initial four-year period of Provision 3 that there has been negligible change (five percent or less improvement after adjusting for inflation) in the socioeconomic status of that school food authority's population, the Provision 3 period may be extended an additional successive four years. School food authorities choosing Provision 3 must use local sources other than federal reimbursements to absorb the cost of (1) meals served to children not eligible for free or reduced-price meals; and (2) the difference between the cost of the meal and the federal reimbursement received for each free or reduced-price meal served to children eligible for meals. School food authorities of schools/RCCIs using Provision 3 are required to send letters and applications to parents only at the beginning of the designated base year. School food authorities must notify households of enrolled students that all meals will be available at no charge to students during the Provision 3 four-year period. School food authorities must maintain all approved applications, eligibility documentation, and enrollment data from the designated base year at least three years and 90 days after the final Claim for Reimbursement of the final school year that employed base year data, or longer if required for audit resolution. School food authorities must determine any increase or decrease in enrollment each year of Provision 3 based upon the school's enrollment on October 1 annually. Schools/RCCIs are required to determine daily during the designated base year for Provision 3 the actual number of meals served to all attending children by type (free, reduced-price, and paid). During the four successive years after the designated base year, schools will prepare monthly claims for meals served by type (free, reduced-price, and paid) based on the total meals claimed for the corresponding month of the designated base year and reflecting the percent increase or decrease of the school's/RCCI's enrollment on October 1 of the current school year, and must take total meal counts of reimbursable meals served to participating children at the point of service. ® We choose NOT to participate in Provision 3. ❑ The following schools/RCCIs will participate in Provision 3: Our first year under Provision 3 will be school year Our designated base year will be school year Provision 3 will be in effect for four successive school years after the base year, including school years and The school year that we will be reconsidered for an extension for Provision 3 is in the fourth year or school year ` 9 A,c Form H1610 Page 8/03-2006 We will use and submit the following approved source of socioeconomic data with our application for our base year and when being considered for an extension (check source being used): ❑ Local data collected by the city or county zoning and economic planning office. ❑ Unemployment data. ❑ Local Food Stamp Program certification data. ❑ Temporary Assistance for Needy Families (TANF) data (provided that eligibility standards were the same or more restrictive in the base year as current year with allowance for inflation). Form H4524 is a sample of the letter to parents whose children are in programs with no separate charges for meals. It can be sent to parents for Provision 3 participants. If participating in Provision 3, you must answer the following question: Is the school food authority using the attached sample Form H4524? ❑ Yes ❑ No If "No," the school food authority must attach a copy of the letter being sent to parents and describe how it will notify households that meals will be available free of charge to all enrolled students. Section C - Programs that DO NOT Charge Separately ONLY 1. The school food authority is responsible for providing program benefits to eligible children. 2. The school food authority assures HHSC that although no identifiable charge is established for meals, it will uniformly implement the following policy. In fulfilling its responsibilities, the school food authority agrees to: a. Claim as free meals only those meals served to children from families whose income is equal to or less than the income eligibility standard for free meals on Form H4504, Standards for Determining Free and Reduced-price Eligibility, applicable to the contract period, or to children from food stamp households or TANF assistance units that provide a case number. b. Claim as reduced-priced meals only those meals served to children from families whose income is above the income eligibility standard for free meals but equal to or less than the standard for reduced-price meals on Form H4504, Standard for Determining Free and Reduced- priced Eligibility, applicable to the contract period. G. Keep documentation to support individual eligibility decisions for three years and 90 days after the end of the fiscal year to which they pertain. If audit findings are not resolved, the records must be kept until audit issued are resolved. d. Prevent physical segregation of, or any other discrimination against, any child. The names of the children eligible for free or reduced-price meals may not be published, posted, or announced in any manner and children must not be overtly identified. Children must not be required to (1) work for their meals; (2) use a separate lunchroom; (3) go through a separate serving line; (4) enter the lunchroom through a separate entrance; (5) eat meals at a different time; or (6) eat a different meal. e. Designate Patrick Munoz Rai st nt Sate in na „ to determine eligibility for free and Name Title reduced-price meals. This ohlcial will use the criteria ouiiired in this policy to determine which individual children's claims may be made for free or reduced-price meals. f, Develop and keep a list with the following information about each child (for school food authorities operating RCCls only): (1) name; (2) birth date; (3) dates of admission and release; (4) income; and (5) eligibility determination and data (initialed by official making determination). Note: Children at RCCls are considered a family of one. Exceptions to this are children of house parents living at the institution. These children must have an application on file as described in Section B, number 2. g. Describe how daily point-of-service counts are taken. The point-of-service in the food service operation is the point at which it can be accurately determined that a meal is reimbursable. This is usually the end of the line. If tickets or tokens are collected at the beginning, explain how you assure that a reimbursable meal was taken (attach a sheet if needed). Residents are only served mea3z that are reimbursable by r kitchen a aff- A inal rrn mY is marls by the child care staff romber when residents are banded their trays. JL q% PAUGE ) 41 Form H1610 Page 9103-2006 SECTION D - The following attachments are a part of the policy statement for free and reduced-price meals: Form H1623, Notification Letter to Parents (regarding application for free and reduced-price meals) Form H1625A, Standards for Determining Free and Reduced-Price Eligibility, to be provided to parents (will be forwarded as soon as USDA publishes) Form H4524, Application for Free and Reduced-Price Meals and Letter to Parents Form H4504, Standards for Determining Free and Reduoed-Price Eligibility (will be forwarded as soon as USDA publishes) A sample Press Release (see page 10 of this form) I CERTIFY that the information on this form is true and correct to the best of my knowledge. I understand that deliberate misrepresentation or withholding of information may result in prosecution under applicable state and federal statutes. If our school food authority has applied and is approved to participate in one of the Provisions, I certify that our school food authority will follow all rules and regulations for the Provision for which we have been approved. ~ Title -Official County Judge Signature-Official Date For HHSC Use Only Signature - HHSC Representative Date Title - HHSC Representative Vot Form H1610 Page 10103-2006 Sample Public Release for Free and Reduced-Price Meals (Make appropriate changes as applicable to reflect the programs operated.) This is the public release that we will send to (names of news media outlets and major employers contemplating layoffs) on These groups must be advised of program availability, new programs, or changes in existing programs. today announced Its policy for (Name of local school food authority) free and reduced-price meals served under the (Insert National School Lunch Program and/or School Breakfast Program.) Each school and the office of the which anyone may review. The following household size and income criteria will be used to determine eligibility: has a copy of the policy, (Insert income eligibility criteria as announced by USDA for free and reduced-price meals.) Children from households whose income is at or below the levels shown are eligible for free or reduced-price meals. Application forms and a letter to parents or guardians are being sent to all homes. To apply for free or reduced-price meals, households should fill out the application and return it to the school. Additional copies are available at the principal's office. The information provided on the application will be used to determine eligibility; it may be verified any time during the school year by school or other program officials. Households must provide the following information on the application: all household members' names; total household income by source and the Social Security number of the adult household member signing the application, or an indication that the household member does not possess a Social Security number, OR the household's food stamp or TANF case number, if appropriate; and the signature of an adult household member certifying that the information is correct. Applications may be submitted any time during the year. According to the free and reduced-price policy, will review applications and (Name of Determining Official) determine eligibility. Parents or guardians dissatisfied with the ruling of the official may discuss the decision with the determining official. Parents may request a formal appeal either orally or in writing to: (Name, Address, and Telephone Number of the Hearing Official) Households approved for free or reduced-price meals are not required to report changes in income status, household size, or when the household is no longer eligible for food stamps or TANF. This provision does not apply to a household provided with 'temporary' approval for meal benefits. Some foster children are also eligible for free or reduced-price meals. A household with foster children should contact the school for more information. The information that households provide is confidential and will be used only to determine eligibility and for verifying data. In accordance with federal law and US. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability, To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call 800-795-3272 or 202-720-6382 (TTY). USDA is an equal opportunity provider and employer. Texas Health and Human Form HIIM Services Commission Application/Management Plan Change duly zoos HHSC USE ONLY The Texas Health and Human Services Commission (HHSC) and the undersigned contractor Change No. hereby agree to change the contractor's Application/Management Plan as follows: We are requesting adding the Brazos County Academy School Program to our current SRe ial Nutrition P ograa-Na iona Shoo .m h P ogres" con ract filed ender the Brazos County Juvenile D n ion n r contract # 75-61001 and program / 021-2001- The Brazos County Academy School Program is of the same entity as the Brazos County Juvenile Detention Center. These meals will be prepared on site at the Brazos County Juvenile Detention Center and will be transported to the Brazos County Academy School's to a ion_ W will follow the transport of food goidelin s set forth by the Brazos County Health Department. We also understand and agree to hnnnr all guidelines and r mules iona regarding this program in order to be reimbursed for meals prepared and served to our students. We accept these responsibilities. Enclosed is a contractual request for the said item and other pertinent documents related to this subiect matter. Name of Contracting Organization I Program/Contract No. Contract Effective Date Brazos County Academy 021-2001/75-61001 Patrick Munoz X H Il 71~6 Signa re-Contractor/Authorized Representative Date or print) I Title HHSC Use Only Signature - HHSC Representative Change Effective Date (mm/dd/yy) Date 17 F,r, - c'- -14+ MEMORANDUM OF UNDERSTANDING BETWEEN THE BRAZOS COUNTY JUVENILE BOARD AND SAN ANTONIO POSITIVE SOLUTIONS, INC. (POSITIVE SOLUTIONS CHARTER SCHOOL) FOR THE 2006-2007 SCHOOL YEAR This Memorandum of Understanding (MOU) is entered into between the Brazos County Juvenile Board (BCJB) and Positive Solutions Charter School located at 1325 North Flores, Suite 100, San Antonio, Texas 78212. PURPOSE The purpose of this MOU is for Positive Solutions Charter School to provide educational services to the Brazos County Academy (BCA) program. The BCA program serves as an alternative placement for juvenile dispositions. RESPONSIBILITIES OF THE BRAZOS COUNTY JUVENILE BOARD The BCJB will provide the facility, (to include general maintenance) utilities, (to include telephone/s and internet access) furniture (to include student tables, chairs, computer hardware) for the operations of the Brazos County Academy program. BCJB will also provide an on-site Probation Officer for case management and supervision of the students assigned to the Brazos County Academy, and Activities Instructor/s to provide security, maintenance of student discipline and auxiliary services to include counseling, anger management, motivational and physical education classes, etc. BCJS will provide one instructor to assist with academic instructional services at the Academy. The Special Program Manager will provide the supervision of all county personnel assigned to the Brazos County Academy and the ultimate responsibility of all county personnel assigned to the program belongs to the Executive Officer of the Brazos County Juvenile Services Department. RESPONSIBILITIES OF POSITIVE SOLUTIONS CHARTER SCHOOL Positive Solutions Charter School will provide all aspects of the appropriate educational services for the Brazos County Academy Program that are legally required by the State of Texas. This will include a certified teacher-student class ratio of 1:18 and one (1) full time Office Assistant. A substitute teacher will be utilized if the certified teacher will be absent from class on five or more consecutive school days. Payment for the teacher will be provided by Positive Solutions Charter School. Positive Solutions Charter School will provide at a minimum fours hours of academics per day. Curriculum, assessment, technology and all mandated requirements set by the State of Texas Education Agency through the Texas Education Code as it applies to Charter Schools in the State of Texas will be provided by Positive Solutions Charter School. Positive Solutions Charter School will make its best effort to meet educational needs of each student assigned to the Brazos County Academy to included Limited English Proficiency and Special Needs Students. The supervision of Positive Solutions Charter School personnel and the academic program will be the responsibility of Positive Solutions Charter School's Superintendent or designee. In addition, Positive Solutions Charter School will be responsible for maintaining accurate daily attendance records, and for submitting all required reports to the Texas Education Agency. Positive Solutions Charter School personnel will work closely with the Special Program Manager of Juvenile Services to assure successful operation of the Brazos County Academy Program/Positive Solutions Charter School located in Bryan, Texas. Positive Solutions Charter School will provide 180 days of student instructional service. Positive Solutions Charter School will provide office/classroom supplies, and other such inventory for the successful operations of the academic services of the BCA. Positive Solutions Charter school in conjunction with the Special Program Manager will coordinate the receiving and transfer of students with the appropriate school district including admission documentation, ARD, transcripts of grades, special education records, student withdrawals etc. Positive Solutions Charter School as part of its contractual obligation to provide educational services to the Brazos County Academy, shall keep the Computer Equipment in good working order so that it is operable during all educational instruction hours. Positive Solutions Charter School shall abide by the lease agreement between Brazos County and San Antonio Positive Solutions Charter School if there be any. FUNDING Positive Solutions Charter School agrees to provide the above state educational services for funds received from the State of Texas as a result of student daily attendance at the Brazos County Academy program. The Brazos County Juvenile Board, Brazos County Commissioners Court, Brazos County Juvenile Services Department or any other entity of Brazos County will not be responsible for providing any form of financial support to Positive Solutions Charter School for any services rendered. Brazos County will be awarded only the daily attendance funding for students attending the Academy under the Juvenile Justice Alternative Education Program. ADMINISTRATION OF TAAS/TAKS In accordance with the Texas Education Code, Positive Solutions Charter School will be responsible for administering all aspects of the Texas Assessment of Academic Skills (TAAS)lrexas Assessment of Knowledge Skills (TAKS) to students assigned to the Brazos County Academy program. MISCELLANEOUS Consistent with the Texas Education Code and the Texas Juvenile Justice Code, the parties hereto agree to use their best efforts to expedite the administrative and judicial processing of all cases related to this MOU. To the extent permitted by applicable law, but without waiver or expansion of any limits established by the Texas Tort Claims Act, each part of the MOU will indemnify and hold harmlessly the other parties and their officers, employees and agents from and any and all claims proximately caused by negligence, breach, or other act of omission by the indemnifying part of its officers, employees, or agents. In accordance with the Texas Education Code, the Brazos County Juvenile Board, Brazos County Commissioners Court and employees of the Brazos County Juvenile Services Department are immune from liability to the same extent as Positive Solutions Charter School Directors, Superintendent employees and volunteers are immune from liability. If any provisions, sections, subsection, paragraph, sentence, clause or phrase of this MOU, or the application of same to any person or set of circumstances, is for any reason held by a court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provision hereof will remain in full force and effect. This MOU, together with the instrument heretofore incorporated by reference and attachments hereto, contains the entire agreement between parties with respect to the subject matter thereof. No other agreement, statement, or promise made by or to any employee, officer, official, or agents of any party that is not contained herein is not of any force or effect. Any modifications to the terms hereof must be in writing and signed by all parties. The individuals executing this MOU on behalf of the respective parties below represent to each other and to others that all appropriate and necessary actions have been taken to authorize the individual who is executing this MOU to so o on behalf of the Party for which his or her signature appears, and that there are no other parties or entities required to execute this MOU in order for the same to be an authorized and binding agreement on the Party for whom the individual is signing this MOU, and that each individual affixing his or her signature hereto is authorized, is valid and effective on the date hereof. The death or attempted suicide of a student occurring at the Brazos County Academy program must be reported immediately to the Brazos County Sheriffs Office, the Brazos County Juvenile Board, the student's parent(s) or legal guardian. And, a written report must be submitted to the Texas Juvenile Probation Commission within twenty-four (24) hours of the event. Any allegations of abuse or neglect of a student assigned to the Brazos County Academy Program must be documented and reported immediately to Positive Solutions Charter School Superintendent, Brazos County Sheriffs Officer for investigation, as required by Chapter 261, Texas Family Code. And, a written report must be submitted to the Texas Juvenile Probation Commission within twenty-four (24) hours of the event. --97 147 TERMS OF THIS MEMORANDUM OF UNDERSTANDING The term of this MOU is from the effective date of this signing by all Parties involved through August 2, 2007. Renewal will be made on a year-to-year basis by mutual consent of the Parties. Termination of this agreement may take place with 60 days notice provided by either party. This MOU is executed in multiple original, each of which shall have the full force and effect of an original document, and each of which shall constitute but one and the same instrument. 29+L- EXECUTED this the je day of August 2006. Randy County Juvenile Board Arturo B arez, Supe' nt Positive Solutions Charter School Vu L Investigate Number: 0504CO6222 Map Number: 228-384 RIGHT OF WAY EASEMENT STATE OF TEXAS) COUNTY OF BRAZOS} KNOW ALL MEN BY THESE PRESENTS That Brazos County, hereinafter called the Grantors, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do grant unto the City of Bryan, a Texas home rule municipal corporation, doing business as "Bryan Texas Utilities" ("BTU") and to its successors and assigns, an easement and right-of-way upon, under, over, and across property owned by Grantor and located in the County of Brazos, State of Texas, which property (the "Property") is described as follows: (Describe only the part of Grantor's Property covered by this easement) BEING a 9.88 acre tract of land lying in the Stephen F. Austin League No. 9, A-62, Brazos County, Texas, being more fully described in Volume 6458 and Page 44 of the Deed Records of Brazos County, Texas. (herein the "Property") BEGINNING See the attached Exhibit "A". The width of this easement hereby granted is described as follows: See the attached Exhibit "A". (herein the "Easement") The Easement Area granted by this instrument (the "Easement") is subject to the following conditions: 1. BTU has the right to install, operate, relocate, construct, reconstruct, add to, maintain, inspect, patrol, enlarge, repair, remove and replace Utility Facilities upon, over, under, and across the Property included in the Easement and to remove Utility Facilities from the Property, and the right of ingress and egress on Grantor's property adjacent to the Easement for the same purposes. For purposes of the Easement, the phrase "Utility Facilities" shall include a variable of number of cables, conductors or wires, insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props, guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and/or communication. 2. BTU has the right to trim and/or remove, from the Easement, without payment due to Grantor, all trees, branches, underbrush or any other obstruction which might endanger or Interfere with the operation, safety, or efficiency of the Utility Facilities on the Property on which the Easement is located. 3. The Grantor covenants for itself, his or her personal representatives, executors, and/or successors and assigns, not to place or maintain any building, structure, or any other obstruction on or within the Easement, or to use the surface of the Easement Area for any purpose that would interfere with or prevent the use by BTU of the Easement for the purposes set forth herein. The Grantor shall have the right to use the surface of the Easement for streets, roads, driveways, alleys, walks, gardens, lawns, plantings or park areas and any other like uses. 4. BTU has the right to assign all or part of the rights granted to it, pursuant to this Agreement it receives under the Easement. The Easement will inure to the benefit of BTU and BTU's successors and assigns. 5. Grantor acknowledges and agrees that the location of the Easement is based only on preliminary surveys and that the rights granted by this Easement shall apply to the actual location of Utility Facilities, when constructed. 6. Grantor binds Grantor and Grantor's heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and singular, the rights and premises granted to BTU by this instrument. 7. Grantor covenants, represents and warrants that Grantor has good and marketable title to the Property and the unqualified right to grant the privileges contained herein. Page 1 of 2 8_ M Investigate Number: 0504CO6222 Map Number: 228-384 IN WITNESS WHEREOF, the Grantors execute this instrument this 1 2t~ day of STATE OF TeXCS COUNTY OF _(3YCs Before me, the undersigned authority, on this day personally appeared subscribed to the foregoing instrument and acknowledged to me that _ consi anon therein expressed iven under my h nd and seal of offi J Notary Public/ State of Tan 5 IN WITNESS WHEREOF, the Grantors execute this instrument this AD 2006. day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of , AD 2006. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this AD 2006. STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared subscribed to the foregoing instrument and acknowledged to me that executed the consideration therein expressed. Given under my hand and seal of office this _ day of _ Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this AD 2006. day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of , AD 2006. Notary Public/ State of day of whose name is for the purposes and AD 2006. Ilk whose name is ad the same for the purposes and day of ik6), cr, AD 2006. MOfMUININICQATEOiMU co/mission WIRES: same Page 2 of 2 ffi g 9 ~;;ur LO A m= A Z O O < m D n co N Z o m Z D I Z D m ri p :z ~ x N (D W C N A ~ O O D N r A O rl O c/) O N o, ? O N N C N ~ Z N j N m A TI N O O m m x = D W ~ N m D m - -a z O J O D b N N n J u, OD J A 7 1 a I s s l a n 1 i s 1~ mo' E 1 lh J 1 e n ' a e k 0 h 41 -4iL'!1~% f-tlj41 `x a t i U) m O r N O 0 ~ ~ > N Q) ~ 7,N 00 cnn~cNO i C 0D - ) z-0 C-)C ~mNOZ / /z M v A 45 X A _ N A N ~ or` s / r(a fY: pa~ A I I \ \vl 1 I I I S 1 r I m 12 t a' a m F 1-1, V UL S/-/ PAUL- IS I ?I The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of A.D. 200 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this day of Le c.e_n..her 200 Randy S7 , County Judge Lloyd assermann, Commissioner Precinct #I r~~en t Duane Peters, Commissioner Precinct #2 alb5- rn4-- Kenny Mallard, Commissioner Precinct #3 t Carey Cauley Commissioner Pr inp #4 Treasurer's Report for the MONTH of OCTOBER 2006 vr~ G J 5a H N c 3 n d a 8 n 2 0 0 3 a 0 I< pb N O c m O 1(~ V ° ° O N ~ e -8 o 2 5 ° g ° $ 8 252 5 °o S 8 ~ 8 ~ 8 °0 °0 8 ~ 8 8 08 '°0 °0 8 Z ; . ~ F v O Q z v p 8 1 n c P _ 9< r ~ a @@@@ ~ Nc a v N 3 (j m ~ s r~ z f n m G z G1 o F ~ m A ~ ~ y p l ~ m S v S f a' 1 ~ ~1 3 ~ O ~ M ~ ~ E ~ ~ QgG3 s ~ z I 4 ~ C 2 n m+ u z z, rz ,v O ~ r i sy ~ ~ umi Zm y o m o ` a v no z ryr 2 z v : $ 3 z ^ t ~ c ~ z o z ~l lit z O z O ~ SF Ll 1 a z g m z g ffriri p m ~ z O 3 Y IJ O z~ o ZZ y o 0 z 0 z i i v z o v : ° Y N m v yy~l "N A OI m N m Y it W Y lp yy m b Y N N O W Y W P Y N W V O W W P m W N A A d N W V N P b d W N Y N r N l r e p ly 2 V P OI W N p ~ W N N P W p ~ p O N p N V py N O V V N p p W O N yy W d~~ Y 8 QQW y V~ b N Y T W P 8 N N W I II A m m S V y m p~ V N O b N N N r b V N O V y O p T ~ m g P N y A d N N y y J V O V L O O L O p O n m OI m O ~ " N a a 2 n ~ w~ b r P b y O N W m m N N O O ~ ^m + -.w m m " V' e Ng m g lml o .A-N m °w y Y e Y n a A ' Y $ : i G P m : b " N r 0 0 w i N v 'e N - m ' N w m' v a 'V i a N ' a O is o in ~ n Pm i o I ' a u lv i i. 20' . . . " . O v1 ~ l N P O N g I l l w V NW V ~ l bW b OI O W b O 6b X 2 Z < r. ' 3 m m A a . ~ A b ~ ~1 p N a N P b k YP ~ W O p r C • r T ~ O V N m Y b w ~ Yp q N p • r Y N W ~ _ N O O O A N W V m V W W IOn q p 1 /Pi N w m W N N O w W r w W o b W OV Q V ~p "O V M N p N ~ p A O N V V A O O W O y b gp O m Lg O ~ p W N mm b p W O V W m W N d N O V G I Ym N r O V N N O O p A b • m N W P W N Imp d OI r p p Ip W V p L O 0 (y O {y J N O W W b r A^p N 1i)L Q N Y Y w N a Y r N N ~ p O N N W tail O W A Y a W N a N W p r m q m m - N V m~p A A m L V V d N m Q V m m W O O ~IWVV N P y m P Y 10 V N Y Wy N N I O O y N gyp OI N O V b A T a A V OI r d p A N m 0 O N OI V r V O 0 N ~ N 8 ° ~ ° O p o o a 'IS o G N N b N w W v t ay OI O N A w w Y O L AW o d Om V b w P V N Y V r W r m N L W P N W w W m m N m y N O w W W Y Y IW+ m lao b p~p \ m s M P Ldp m P P b V A m V ~ Y m N W W Y V W O V Y N O N N N W P A bp N t0 b N P m b {Ay b A ~ W 10 N m m P 0 N O b m W Ip g y V N N ~O NP 0 O P r W m N W O W N P y l A V N N r V 1Wp VA - P N N p J d V r y O b W V O S - W N V O N t il m ` m m - - - - . tp .O a { /I m t jl N - - - - - - - - - - - 41 W N N m OI r N m p •D A O N N 4 l A 0 m O O 4p V N Y Y m C1 ~ b p A W " P N A V P N N m y N pl V b w P N r V W r m W i P N W W W m ~y m N m y N O {y W W W Y Y N 0 m b N W m b d m 0 W D ~ N w gyp W P OI 10 V i m V A O d AW O W ~l ~ V y W O V V N C yql W 01 pp ~(l t0 IS T ~ pp O y ~ N A b W I ~ N n y qm P L pp O IG ~y p V O p W V W V V N Ip ra N p 1 D V y q r m rm P N I N A O W C1 N V P yl d IV {Y V N Y N W V b V A 2 W N OI N N N 0 b A V y A W p d O • W N m t il N x r O TEXPOOL FYI ...10/3112006 COST BOOK VALUE $ 5,549,834.22 $ 5,549,834.22 1013112006 Depository Investable Balance $50,612,392.24 INTEREST: YTD Investment Interest Earned October TexPool Interest (5.2831%) Total Investment Interest YTD Checking Account Interest Earned October Checking Account Interest Earned (5.36% ECR) Total Checking Account Interest Total of all Interest Earned as of October 2006 $ 24,790.84 $ 24,790.84 $ 227,152.92 $ 227,152.92 $ 251,943.76 TexPool's monthly average yield was Obtained from the TexPool Novemberr 2006 Newsletter i )s4