May 22, 2001 IMAGED~.PAGES ON~' NOTICE OF MEETING DATE FORT BEND COUNTY COMMISSIONERS COURT 7TH FLOOR, WM. B. TRAVIS BUILDING, RICHMOND, TEXAS TUESDAY, MAY 22, 2001 1:00 O'CLOCK P.M. AGENDA 1 Call to Order 2 Invocation and Pledge of AllegIance by CommISSIOner Patterson 3 Approve mmutes ofmeetmg of May 8, 2001 4 Announcements and Pubhc Comments CONSENT AGENDA ITEMS 5 -16: 5. Approve out-of-state travel requests for County personnel and enter into the record the out-of-state travel requests for elected officials: A. Sherifrs Office: (Ratify) Mack Daugherty to Oklahoma City, OK from May 15- 16,2001 to extradite prisoner back to Fort Bend County. B. Election Administration: David Beirne to Billings, MT from June 16- 21,2001 to attend National Conference of International Association of Clerks, Recorders, Election Officials and Treasurers. 6. COUNTY ATTORNEY: Set Public Hearing for the creation of Fort Bend County Reinvestment Zone No.9 for Tax Abatement purposes. (June 5, 2001 @ 1:00 p.m.) 7. COUNTY JUDGE: A. Approve payment of Invoice in the amount of $30,274.60 to DiStefano/Santopetro Architects, Inc. for Phase I completed drawings for the Juvenile Detention expansion project. (Fund: 2570452000 4010). B. Anthorize County Judge to sign a master application used by Fort Bend County Employees when they decide to participate in the Fort Bend County Deferred Compensation Program monitored by Dearborn & Creggs. C. Record into the permanent record all original documents associated with the issuance of the $29 million, General Obligation Bonds, Series 2001 - as prepared by Vinson & Elkins, Fort Bend County Bond Counsel. D. Approve payment of Invoice No. 20184168 in the amount of $27,200.00 for professional services and $3,223.34 for reimbursable expenses to Vinson & Elkins, General Bond Counsel for the issuance of General Obligation Bonds, Series 2001. E. Approve payment of Invoice dated March 9 - April 8, 2001 in the amount of $7,425.00 to W.J. Interests for consulting services as approved by the Fort Bend County Toll Road Authority. (Fund: 220 045 2025 4010) 1
Transcript
May 22, 2001 IMAGED~.PAGESON~'
NOTICE OF MEETING DATEFORT BEND COUNTY COMMISSIONERS COURT
7TH FLOOR, WM. B. TRAVIS BUILDING, RICHMOND, TEXASTUESDAY, MAY 22, 2001
1:00 O'CLOCK P.M.
AGENDA
1 Call to Order
2 Invocation and Pledge of AllegIance by CommISSIOnerPatterson
3 Approve mmutes ofmeetmg of May 8, 2001
4 Announcements and Pubhc Comments
CONSENT AGENDA ITEMS 5 -16:
5. Approve out-of-state travel requests for County personnel and enter into the record theout-of-state travel requests for elected officials:A. Sherifrs Office: (Ratify) Mack Daugherty to Oklahoma City, OK from May 15-
16,2001 to extradite prisoner back to Fort Bend County.B. Election Administration: David Beirne to Billings, MT from June 16- 21,2001 to
attend National Conference of International Association of Clerks, Recorders,Election Officials and Treasurers.
6. COUNTY ATTORNEY: Set Public Hearing for the creation of Fort Bend CountyReinvestment Zone No.9 for Tax Abatement purposes. (June 5, 2001 @ 1:00 p.m.)
7. COUNTY JUDGE:A. Approve payment of Invoice in the amount of $30,274.60 to DiStefano/Santopetro
Architects, Inc. for Phase I completed drawings for the Juvenile Detentionexpansion project. (Fund: 2570452000 4010).
B. Anthorize County Judge to sign a master application used by Fort Bend CountyEmployees when they decide to participate in the Fort Bend County DeferredCompensation Program monitored by Dearborn & Creggs.
C. Record into the permanent record all original documents associated with theissuance of the $29 million, General Obligation Bonds, Series 2001 - as preparedby Vinson & Elkins, Fort Bend County Bond Counsel.
D. Approve payment of Invoice No. 20184168 in the amount of $27,200.00 forprofessional services and $3,223.34 for reimbursable expenses to Vinson & Elkins,General Bond Counsel for the issuance of General Obligation Bonds, Series 2001.
E. Approve payment of Invoice dated March 9 - April 8, 2001 in the amount of$7,425.00 to W.J. Interests for consulting services as approved by the Fort BendCounty Toll Road Authority. (Fund: 220 045 2025 4010)
1
May 22, 2001
F. Approve payment of Invoice No. 200100482 in the amount of $6,650.00 to UAEngineering & Surveying for right-of-way mapping for Fort Bend ParkwayProjeet, Phase A as approved by the Fort Bend County Toll Road Authority.(Fund: 22004520254010)
G. Approve payment of invoices for professional services in the amount of $13,239.84and reimbursable expenses in the amount of $2,304.00 to PGAL for reconstruetionat the Fort Bend County Rosenberg Annex. (Fund: 252 045 2027 7015)
8. 328TH DISTRICT COURT: Authorize expenditure of courthouse security funds to send 4Bailiff's to security training June 5 - 7, 2001, in Irving, Texas presented by AdvancedLaw Enforcement Readiness Training.
9. E.M.S: Approve transfer of $26,730.00 from Automobiles into Fees & Services($14,130.00) and Property & Equipment ($12,600.00) per Auditor's request, items need tobe taken out of other line items.
10. ENGINEERING:A. Approve payment of Invoice No. 12 in the amount of $2,000.00 to Dawsey
Associates!Architeets for work done at the Justice of the Peace & Constable Facility inNeedville, Pct. 1.
B. Approve payment of Pay Application No.8 in the amount of $73,518.75 to BassConstruction Company, Incorporated for work done at the Justice of The Peace &Constable Facility, Needville, Pct. 1.
C. Approve payment of Pay Application No.5 in the amount of $126,730.00 to R HassellBuilders, Incorporated for work done at the South Post Oak Community Center,Pct.2.
D. Approve application from TXU Communications to bore under and bury cable alongTorchlite Terrace Lane and Westheimer Parkway, Pet. 3.
E. Approve application from Reliant Energy HL&P (a division of Reliant Energy,Incorporated) to install a 10' x 10' box culvert across Flat Bank Creek, Pet. 2.
F. Approve application from TXU Communications to bury cable along Katy-Gaston,Pet. 3.
G. Approve application from Ransor Incorporated to construet a driveway tie-in ontoElks Road, Pet. 3.
H. Approve application from Harris Construetion Company, LTD to construct adriveway tie-in onto Greenbush, Pct. 3.
I. Accept the 50 ft. Road Right-of-way Dedication for Bellaire Boulevard, from WestOaks Village Drive to West property line, (West Oaks VillagelTwin Oaks Village), asgranted by Kimball Hill Homes, Inc. a Texas Corporation, Pct. 3.
J. Approve the plat for Woodbridge Center at McKaskle Road, Pet. 3.K. Approve the plat for Riverpark Shopping Center, Pet. 1.L. Approve the plat for Sienna Steep Bank Village, Section 4C, Pet. 2.M. Approve the plat for Spencer Distributing, Pct. 3.N. Approve the plat for Stanbridge Plaza, Pet. 3.O. Approve the plat for Canyon Gate Cinco Ranch, Seetion 8, Pet. 3.P. Accept the streets in Waterside Estates, Seetion 1, and release bond #378020 in the
amount of $466,443.50, Pct. 3.Mason Road 1,366.12 LF
2
May 22, 2001
Waterside Estates Drive 1,141.67 LFWaterside Estates Circle 138.44 LFRichland Creek Lane 528.30 LFBuffalo Lake Court 621.28 LFEagle Mountain Court 871.70 LFGranger Lake Court 442.57 LFSabine Lane 908.26 LFLake Graham Lane 173.05 LFLewisville Drive 84.32 LFTOTAL: 6,275.71 LF
Q. Accept the streets in Stratford Park Village Six, and release bond #929100743 in theamount of $71,000.00, Pet. 4.Stratford Mill Lane 158.00 LFStratford Heights Drive 217.99 LFMaple Green Drive 145.00 LFStratford Manor Drive 131.44 LFStratford Green Drive 876.49 LFTOTAL: 1,528.92 LF
R. Set public hearing for the acceptance of the traffic control plan for Waterside Estates,Section I, Pct. 3. (June 26, 2001 @ 1:00 p.m.)
S. Set public hearing for acceptance of the traffic control plan for Stratford Park VillageSix, Pct. 4. (June 26, 2001 @ 1:00 p.m.)
T. Approve Change Order No.7 in the amount of $5,209.15 to Bass ConstructionCompany, Incorporated for various changes for work done at the Justice of the Peace& Constable Needville Facility, Pct.1.
U. Approve Engineering services contract with JNS Consulting for design andpreparation of plans and specifications for the Chimney Rock Roadway ImprovementProject; Project #13 of Mobility Bond Issue, Pet. 2.
V. Approve Engineering services contract with Nathelyne A. Kennedy & Associates, Inc.for design and preparation of plans for concrete bridge structure over Ditch VIIIBIon the Chimney Rock Roadway Improvement Project; Project # 13 of Mobility BondIssue, Pet. 2.
W. Authorize payment to Texas Department of Transportation in the amount of$4,345.00 for FM 359 (project # 99); $8,929.00 for FM 1464 (Project # 59); $4,811.00for Mason Road (Project # 29) associated with PEIEA review costs per approvedagreements. (Funds to be paid out of Fort Bend County Mobility Bond Funds).
X. Approve Payment No.4 in the amount of $17,071.14 (invoice # 28901) to CobournLinseisen & Ratcliff, Incorporated (CLR) for the Harlem Road, Route Study &Schematic Design, Pets 3&4.
11. HEALTH DEPARTMENT:A. Approve transfer of $500.00 from Property & Equipment into I.T.-Hardware for the
purchase of a scanner for Environmental Health Department.B. Approve relocation of the platted waterwell and On-Site Sewage Facility for Lot 17,
Blk. I, Grand River Subdivision. (No objections by FBC Health Department)
3
May 22, 2001
12. HUMAN RESOURCES:A. Approve 14 days of Extended Sick Leave for Road & Bridge employee Willard
Stuckey, per Section 709.06 of the Fort Bend County Employee InformationManual.
B. Approve 4 days of Extended Sick Leave for Road & Bridge employee JodyKucera, per Section 709.06 of the Fort Bend County Employee InformationManual.
C. Approve 20 days of Extended Sick Leave for County Treasurer's employee LenoraMoreno, per Section 709.06 of the Fort Bend County Employee InformationManual.
D. Approve 8 days of Extended Sick Leave for E.M.S. employee Valerie Murray, perSection 709.06 of the Fort Bend County Employee Information Manual.
13. PURCHASING: Approve renewal ofthe following term coutraets:A. Office Supplies - #99-049.B. Pavement Marking - #00-051.
14. ROAD & BRIDGE: Approve transfer of $11,000.00 from Fees & Services intoCapitalized Property & Equipment needed to purchase mosquito foggers for VectorControl.
15. SHERIFF'S OFFICE: Approve transfer of $31,751.69 from Sheriff's OfficelI.T.-Leasesinto M.LS./I.T.-Leases to cover the computer leases for Year 2001.
16. TAX ASSESSOR/COLLECTOR: Approve the following over $500.00 refunds:A. Lereta Corp (Washington MutUal FA) #6460-03-003-0030-901 $615.27 Pet. 1001
Countrywide Home Loans #9260-04-003-0130-907 $589.11 Pet. 3101Fiedlity National Title Ins Co #5740-01-010-0060-907 $604.10 Pet. 4104GE Capital Mtg Serv Inc Mo #7765-01-002-0060-907 $604.10 Pet. 4062Homeside Lending Inc/San Antonio #5907-00-046-0300-907 $559.83 Pet. 4062Verma Madhu & Jugal Kishore Rana #6460-03-002-0080-901 $1364.76Pet.l00lMcManus, Mary W #4249-01-004-0100-914 $604.10 Pet. 3004Mortgage Service Center Cendant Mtg #4960-05-017-0330-907 $601.59 Pet. 4047Vahedi Kourosh & Elizabeth S #4752-02-001-0260-907 $604.10 Pet. 4065Bowen, Dwayne or Sandra #4296-03-001-0130-907 $604.10 Pet. 3032Bowers Calvin or Cynthia #0005-00-000-0030-901 $535.96 Pet. 1018Brandt Joe A & Jeanne B #7550-28-002-0380-910 $604.10 Pet. 3069
17 1 00 P m - Hold Public Heanng and consider takmg action on the followingA Acceptance of the traffic control plan for Fulbrook, SectIOnOne A, Sectton Two A and
Section Two C, Pct 4B Replat #2 of Weston Lakes, Sectton 16,Pct 4
4
May 22, 2001
18 COUNTY JUDGEA DIscuss and consider declanng an emergency and amendmg the BudgetB. Discuss and consider authonzing an mcrease in current Purchase Order m the amount
of $167,58200, for DIStefano/Santopetro ArChitects, Inc for the total amount of thedesign costs for the expansion of the Juvenile DetentIOn Center as outlmed m thecontract (approved by CC 10/24/00)
C. DIscuss and conSider approvmg payment of mVOlcefrom DIStefano/SantopetroArchitects, Inc m the amount of $107,03280 for design costs mcurred to date for theexpansIOn of the Juvemle Detention Center as outlined in the contract
19 COMMISSIONER PCT 2 Deliberate and take action to authonze County to develop a planfor participation m development of public water and sewer faCilities in under served areas ofFort Bend County consistent With the provIsions of SB821 (76th Legislature, 1999)
20 COMMISSIONER PCT 3 Deliberate and take actIOn on request for waiver of tax penalty andmterest for Soho Investment Co LLC m the amount of $468 47 for the 1999 tax year and$19038 for the 2000 tax year
21 COMMISSIONER PCT 4A Deliberate and take actIOn on request for waiver of tax penalty and mterest for Stephen
Moffett m the amount of $49 26B Deliberate and take action to appomt Directors to the Fort Bend County Surface Water
Supply CorporatIOnC Deliberate and take actIOn to authonze submiSSion of application for Texas Department
of TransportatIOn Grant m the amount of $30,303 00 to be matched at 20"10 with m-kmdservices
22 AUDITOR Deliberate and take action on amendmg the budget for HGAC grant (to study allsolid waste ISSUesm the County) pursuant to Local Government Code III as follows 010-999-STAT State Reimbursement + 010-043-0432-4010 Landfill Fees & Services + $50,000
23 CONSTABLE PCT 3 Deliberate and take actIOn to transfer $3,559 00 from Contingency mtoI T -Hardware due to Auditor's non-rollover P 0 policy
24 COUNTY CLERK Deliberate and take action to transfer $1,295_00 from Contingency mtoCapitalized Property & EqUipment to pay for copier purchased m Year 2000, due to Auditor'snon-rollover P 0 policy
25 COUNTY TREASURER Deliberate and take action on transfer of $4,232 50 fromContmgency into Temporary/Part-tlme which was used to hire temporary help while employeewas out on SICkleave
26 EMS Deliberate and take action to transfer $73,072 56 from Contmgency mto Capital Assets($68,30000), Fees & Services ($4,500 00) and Property & EqUipment ($272 56) to coverexpenses mcurred m Year 2000, due to Auditor's non-rollover P 0 policy
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May 22, 2001
27 ENGINEERING DelIberate and take actIOn to transfer $6,843 00 from Contingency mto I T -Software to cover software upgrade expenses mcurred m Year 2000, due to Auditor's non-rollover P 0 policy
28 FAIRGROUNDS Deliberate and take actIOn to transfer $5,350 00 from Contmgency mtoProperty & EqUipment for 50 folding tables for BUlldmg B at Fairgrounds purchased m Year2000 (This should be a correction to the 2000 general ledger)
29 INDIGENT HEALTH CARE DelIberate and take action on request for transfer offunds m theamount of $5,90000 to cover secretarial needs m Indigent Health Care
30 LffiRARY DelIberate and take action to accept donatJon of SIXbronze sculptures for FortBend County Libraries from Mr Tony Sherman (To be housed at the Missouri City BranchLibrary)
31 PURCHASINGA DelIberate and take actIOn on BId #01-045 - 1 ton truckB DelIberate and take actIon on pnce mcrease from ImpreSSIve Pnnting pursuant to BId
#99-055 - Pnnting of StationaryC DelIberate and take action on the negotiated contract With S & C ConstructIOn pursuant
to BId #01-042 - Fry Road concrete pavement repalfS
32 SHERIFF'S OFFICE Deliberate and take actIOn on Agreement between Fort Bend Countyand Cmco Ranch for one additional deputy to proVIde addltJonallaw enforcement in CmcoRanch SubdIVISIOn
33 SOCIAL SERVICES Deliberate and take actIOn on transfer of $1,89900 from Contmgencymto Property & EqUipment to replace 15 year old copy machme at Mlssoun City office
34 COMMISSIONER PCT 3 Hold workshop on County Investments
35 Approve bIlls
36 Meet m closed SessIOn to diSCUSSthe followmg mattersA LitigatIOn Cause No 18868, Fort Bend County, Texas vs Eric Fagan and John Cathy,
In the County Court at Law Number One (1) of Fort Bend County, Texasas authonzed by TX Gov Code, Sec 551/071
37 Reconvene Open SessIOn and conSider takmg actIOn on the following mattersA LitigatIOn Cause No 18868, Fort Bend County, Texas vs Eric Fagan and John Cathy,
In the County Court at Law Number One (1) of Fort Bend County, Texas
38 Adjournment
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May 22, 2001
In the event any of the foregomg Items are not covered m the time allocated on the date of this agenda,the County may order a contmuance for the next day until the discussion is completed on all Items
Notice ofmeetmg/agenda posted at Wilham B TravIs BUJ1d.mg,~U~!ane Long Annex,Richmond, Texas on Friday, May 18, 2001 by'-1J1.LJ...J-a...... j1"'""'cb.-""""_~--'--"=!..L"""""""'~
NOTICEPolicy of Non-DucnmmatlOn on tbe BaStSof DIsability
Fort Bend County does not discriminate on the basIs of disability In the admissIOn or access to, or treatment or employment in,its programs or actJ.vitIes ADA CoordInator, RiskIManagemeot Insurance Dep. 4520 Reading Road, SUite A, Rosenberg Annex,Rosenberg, TexlllI77471, pbone :Z81-341~18 bas been desJgllated In coordIDate compliance Wltb tbe non-discnmmationreqUirements In Section J5 107 of the Department of Justice regulations. III Infannatlon concernmg the provisions urtbeAmericans wrtb D.sabilities Act, and tbe rigbts provided tbereunder, are available from tbe ADA coordinator.
NOTICEThe County Commissioners Court ofFurt Bend County resen'es the right to adjourn IOta executIve session at any tIlDe dunngthe coune uftlus m.eetIng to discuss any oftbe matters luted above, 85 authomed by Texas Government Code Sections 551 071(Consultation witb Attorney), 551 on (DelIberations about Real Property), 551 073 (DelIberations about Gifts and Donations),551.074 (Penonnel Mallen), 551.076 (Deliberations about Secunty DevIces) and 551 086 (Economic Development)
FILED,OR RECORD
TIME12~5~
MAY 18 ZOOl
~=c.'7h~c..,an FGIt IlIIIlI Co.....
7
APPROVAL OF MINUTESCOMMISSIONERS COURT
FORT BEND COUNTY
I, DIanne Wilson, duly elected County Clerk and Clerk of Court, Fort Bend County,
Texas do hereby submit the OffiCIalMinutes of CommissIOners Court held on the
22nd day of MAY, 200 I
DIANNE WILSON, COUNTY CLERK
Now, therefore, be it resolved upon the motion of ConmnsslOner \?~seconded by Conmnssioner ~t~ ,duly put and carried, It ISordered
to accept for record the attached mmutes approved on thIs the 29"d day of
MAY ,2001.
Jlrommlccm doc
May 22, 2001
Approved Minutes
MINUTES
BE IT REMEMBERED, That on thiS 22ND DAY ofMA Y, 2001 COlmmsslOners Court of Fort Bend County, Texas, metat a scheduled meetmg With the followmg present
JAMES C ADOLPHUS
TOM D. STAVINOHA
COUNTY JUDGE
GRADY PRESTAGE
ANDY MEYERS
JAMES PATTERSON
LINDA KUT ACH for DIANNE WILSON
COMMISSIONER PRECINCT I
COMMISSIONER PRECINCT 2
COMMISSIONER PRECINCT 3
COMMISSIONER PRECINCT 4
COUNTY CLERK
When the followmg were heard and the followmg orders passed
1. Call to Order.
Call to Order by Judge Adolphus at 1.00 p.m.
2. Invocation and Pledge of Allegiance by Commissioner Patterson.
Invocation and Pledge of Allegiance by Commissioner Patterson
3. Approve minutes of meeting of May 8, 2001.
Moved by CommiSSIOner Patterson, Seconded by CommiSSIOner Meyers, duly put andunammously carned (5-0), It ISordered to approve mmutes ofmeetmg of May 8, 2001
Commissioner Prestage and County Llbranan Jane Powell mtroduced Mr. Tony Sherman whodonated SIXbronze sculptures of Native Amencans to the Fort Bend County Library to behoused at the Mlssoun City Branch Library. Mr. Sherman brought a sculpture of Sittmg Bullto display dunng CommissIOners Court
Judge Adolphus and Human Resources Director Tom Anderson mtroduced ElectIOnsAdmimstrator DaVid Beirne
Dave Hurley's Wife VICky passed away and funeral service Will be held on Wednesday, May 23at II :30 a.m.
I
May 22, 2001
CONSENT AGENDA ITEMS 5 -16:
5. Approve out-of-state travel requests for County personnel and enter into the record theout-of-state travel requests for elected officials:A. Sheriff's Office: (Ratify) Mack Daugherty to Oklahoma City, OK from May 15-
16, 2001 to extradite prisoner back to Fort Bend County.B. Election Administration: David Beirne to Billings, MT from June 16 - 21, 2001 to
attend National Conference ofInternational Association of Clerks, Recorders,Election Officials and Treasurers.
6. COUNTY ATTORNEY: Set Public Hearing for the creation of Fort Bend CountyReinvestment Zone No.9 for Tax Abatement purposes. (June 5, 2001 @ 1:00 p.m.)
7. COUNTY JUDGE:A. Approve payment of Invoice in the amount of $30,274.60 to DiStefano/Santopetro
Architects, Ine. for Phase I completed drawings for the Juvenile Detentionexpansion project. (Fund: 2570452000 4010).
B. Authorize County Judge to sign a master application used by Fort Bend CountyEmployees when they decide to participate in the Fort Bend County DeferredCompensation Program monitored by Dearborn & Creggs.
C. Record into the permanent record all original documents associated with theissuance of the $29 miUion, General Obligation Bonds, Series 2001 - as preparedby Vinson & Elkins, Fort Bend County Bond Counsel.
D. Approve payment of Invoice No. 20184168 in the amount of $27,200.00 forprofessional services and $3,223.34 for reimbursable expenses to Vinson & Elkins,General Bond Counsel for the issuance of General Obligation Bonds, Series 2001.
E. Approve payment ofInvoice dated March 9 - April 8, 2001 in the amount of$7,425.00 to W.J. Interests for consulting services as approved by the Fort BendCounty ToURoad Authority. (Fund: 22004520254010)
F. Approve payment of Invoice No. 200100482 in the amount of $6,650.00 to LJAEngineering & Surveying for right-of-way mapping for Fort Bend ParkwayProject, Phase A as approved by the Fort Bend County Toll Road Authority.(Fund: 220 045 2025 4010)
G. Approve payment ofinvoices for professional services in the amount of $13,239.84and reimbursable expenses in the amount of $2,304.00 to PGAL for reconstrnctionat the Fort Bend County Rosenberg Annex. (Fund: 252 045 2027 7015)
8. 328TH DISTRICT COURT: Authorize expenditure of courthouse security funds to send 4Bailift"s to security training June 5 - 7, 2001, in Irving, Texas presented by AdvancedLaw Enforcement Readiness Training.
9. E.M.S: Approve transfer of $26,730.00 from Automobiles into Fees & Services($14,130.00) and Property & Equipment ($12,600.00) per Auditor's request, items need tobe taken out of other line items.
2
May 22, 2001
10. ENGINEERING:A. Approve payment oflnvoice No. 12 in the amount of $2,000.00 to Dawsey
Associates/Architects for work done at the Justice of the Peace & Constable Facility inNeedville, Pet. 1.
B. Approve payment of Pay Application No.8 in the amount of $73,518.75 to BassConstruetion Company, Incorporated for work done at the Justice of The Peace &Constable Facility, Needville, Pet. 1.
e. Approve payment of Pay Application No.5 in the amount of $126,730.00 to R HassellBuilders, Incorporated for work done at the South Post Oak Community Center,Pet. 2.
D. Approve application from TXU Communications to bore under and bury cable alongTorchlite Terrace Lane and Westheimer Parkway, Pet. 3.
E. Approve application from Reliant Energy HL&P (a division of Reliant Energy,Incorporated) to install a 10' x 10' box culvert across Flat Bank Creek, Pet. 2.
F. Approve application from TXU Communications to bury cable along Katy-Gaston,Pet. 3.
G. Approve application from Ransor Incorporated to construet a driveway tie-in ontoElks Road, Pct. 3.
H. Approve application from Harris Construetion Company, LTD to construet adriveway tie-in onto Greenbush, Pet. 3.
I. Accept the 50 It.Road Right-of-way Dedication for Bellaire Boulevard, from WestOaks ViUage Drive to West property line, (West Oaks VilIagelTwin Oaks Village), asgranted by Kimball Hill Homes, Inc. a Texas Corporation, Pct. 3.
J. Approve the plat for Woodbridge Center at McKaskie Road, Pet. 3.K. Approve the plat for Riverpark Shopping Center, Pet. 1.L. Approve the plat for Sienna Steep Bank Village, Seetion 4C, Pet. 2.M. Approve the plat for Spencer Distributing, Pet. 3.N. Approve the plat for Stan bridge Plaza, Pet. 3.O. Approve the plat for Canyon Gate Cinco Ranch, Seetion 8, Pet. 3.P. Accept the streets in Waterside Estates, Seetion 1, and release bond #378020 in the
amount of $466,443.50, Pet. 3.Mason Road 1,366.12 LFWaterside Estates Drive 1,141.67 LFWaterside Estates Circle 138.44 LFRichland Creek Lane 528.30 LFBuffalo Lake Court 621.28 LFEagle Mountain Court 871.70 LFGranger Lake Court 442.57 LFSabine Lane 908.26 LFLake Graham Lane 173.05 LFLewisville Drive 84.32 LFTOTAL: 6,275.71 LF
3
May 22, 2001
Q. Accept the streets in Stratford Park Village Six, and release bond #929 100 743 in theamount of $71,000.00, Pet. 4.Stratford Mill Lane 158.00 LFStratford Heights Drive 217.99 LFMaple Green Drive 145.00 LFStratford Manor Drive 131.44 LFStratford Green Drive 876.49 LFTOTAL: 1,528.92 LF
R. Set public hearing for the acceptance of the traffic control plan for Waterside Estates,Section 1, Pct. 3. (June 26, 2001 @ 1:00 p.m.)
S. Set pUblic hearing for acceptance of the traffic control plan for Stratford Park VillageSix, Pct. 4. (June 26, 2001 @ 1:00 p.m.)
T. Approve Change Order No.7 in the amount of $5,209.15 to Bass ConstructionCompany, Incorporated for various changes for work done at the Justice of the Peace& Constable Needville Facility, Pct.l.
U. Approve Engineering services contract with JNS Consulting for design andpreparation of plans and specifications for the Chimney Rock Roadway ImprovementProject; Project #13 of Mobility Bond Issue, Pet. 2.
V. Approve Engineering services contract with Nathelyne A. Kennedy & Associates, Inc.for design and preparation of plans for concrete bridge structure over Ditch VllIBIon the Chimney Rock Roadway Improvement Project; Project # 13 of Mobility BondIssue, Pet. 2.
W. Authorize payment to Texas Department of Transportation in the amount of$4,345.00 for FM 359 (Project # 99); $8,929.00 for FM 1464 (Project # 59); $4,811.00for Mason Road (Project # 29) associated with PEIEA review costs per approvedagreements. (Funds to be paid out of Fort Bend County Mobility Bond Funds).
X. Approve Payment No.4 in the amount of $17,071.14 (invoice # 28901) to CobournLinseisen & Ratcliff, Incorporated (CLR) for the Harlem Road, Route Study &Schematic Design, Pcts 3&4.
11. HEALTH DEPARTMENT:A. Approve transfer of $500.00 from Property & Equipment into I.T.-Hardware for the
purchase of a scanner for Environmental Health Department.B. Approve relocation of the platted waterwell and On-Site Sewage Facility for Lot 17,
BIk. 1, Grand River Subdivision. (No objections by FBC Health Department)
12. HUMAN RESOURCES:A. Approve 14 days of Extended Sick Leave for Road & Bridge employee Willard
Stuckey, per Section 709.06 ofthe Fort Bend County Employee InformationManual.
B. Approve 4 days of Extended Sick Leave for Road & Bridge employee JodyKucera, per Section 709.06 of the Fort Bend County Employee InformationManual.
C. Approve 20 days of Extended Sick Leave for County Treasurer's employee LenoraMoreno, per Section 709.06 ofthe Fort Bend County Employee InformationManual.
D. Approve 8 days of Extended Sick Leave for E.M.S. employee Valerie Murray, perSection 709.06 of the Fort Bend County Employee Information Manual.
Countrywide Home Loans #9260-04-003-0130-907$589.11 Pet. 3101Fiedlity National Title Ins Co #5740-01-010-0060-907$604.10 Pet. 4104GE Capital Mtg Serv Inc Mo #7765-01-002-0060-907$604.10 Pet. 4062Homeside Lending Int:lSan Antonio #5907-00-046-0300-907$559.83 Pet. 4062Verma Madhu & .JugalKishore Rana #6460-03-002-0080-901 51364.76Pct.loolMcManus, Mary W #4249-01-004-0100-914 $604.10 Pet. 3004Mortgage Service Center Cendant Mtg #4960-05-017-0330-907 $601.59 Pet. 4047Vabedi Kourosh & Elizabeth S #4752-02-001-0260-907 $604.10 Pct.4065Bowen,Dwayne or Sandra #4296-03-001-0130-907 $604.10 Pet. 3032Bowers Calvin or Cynthia #0005-00-000-0030-901 5535.96 Pet. 1018Brandt Joe A & Jeanne B #7550-28-002-0380-910 $604.10 Pet. 3069
Moved by Commissioner Prestage, Seconded by Commissioner Patterson, duly put andunarumously carned (5-0), It ISordered to approve consent agenda items 5, 7A-F, 8-lDA-T, W,X and items 11-16
17. 1:00 p.m. - Hold Public Hearing and consider taking aetion on the following:A. Acceptance of the traffic control plan for Fulbrook, Section One A, Section Two A
andSeetion Two C, Pet. 4.
B. Replat #2 of Weston Lakes, Section 16,Pet. 4.
Public hearings held No pubhc comments
Moved by CommiSSIOner Patterson, Seconded by Commissioner Meyers, duly put andunanimously carned (5-0), It is ordered to approve Items 17 A&B
A. Discuss and consider declaring an emergency and amending the Budget.
Pass
B. Discuss and consider authorizing an increase in current Purchase Order in theamount of $167,582.00, for DiStefano/Santopetro Architects, Inc. for the total amountofthe design costs for the expansion ofthe Juvenile Detention Center as outlined inthe contract (approved by C.C. 10/24/00).
Moved by Commissioner Patterson, Seconded by Commissioner Prestage, duly put and earned(4-0-1), it ISordered to authonze an increase in current Purchase Order in the amount of$167,582 00, for DiStefanolSantopetro Architects, Inc for the total amount of the design costsfor the expansion of the Juvenile DetentIOnCenter as outlined In the contract (approved byC C 10/24/00)
C. Discuss and consider approving payment of invoice from DiStefano/SantopetroArchitects, Inc. in the amount of $107,032.80 for design costs incurred to date for theexpansion of the Juvenile Detention Center as outlined in the contract.
Pass
19. COMMISSIONER PCT. 2: Deliberate and take action to authorize County to develop aplan for participation in development of public water and sewer facilities in under servedareas of Fort Bend County consistent with the provisions of S8821 (76th Legislature,1999).
Moved by CommiSSionerPrestage, Seconded by Commissioner Patterson, duly put andunammously earned (5-0), It ISordered to authorize County to develop a plan for participatIOnIn development of public water and sewer facilities in under served areas of Fort Bend Countyconsistent Withthe provIsions ofSB821 (76th Legislature, 1999)
20. COMMISSIONER PCT. 3: Deliberate and take action on request for waiver of taxpenalty and interest for Soho Investment Co LLC in the amount of 5468.47 for the 1999tax year and $190.38 for the 2000 tax year.
Moved by CommIssioner Meyers, Seconded by Commissioner Prestage, duly put andunammously carried (5-0), it ISordered to deny wllIver of tax penalty and interest for SohoInvestment Co LLC in the amount of $468 47 for the 1999 tax year and $190 38 for the 2000tax year
21. COMMISSIONER PeT. 4:A. Deliberate and take action on request for waiver of tax penalty and interest for
Stephen Moffett in the amount of 549.26.
Moved by CommissIOner Patterson, Seconded by CommIssioner Meyers, duly put andunanimously carned (5-0), It ISordered to deny waiver of tax penalty and Interest for StephenMoffett in the amount of $49 26
B. Deliberate and take action to appoint Directors to the Fort Bend County SurfaceWater Supply Corporation.
Enter into record the following appoIntments as Dlreetors to the Fort Bend County SurfaceWater Supply CorporatIOn
Don MeyerMarkZgabayBob HebertJim Reed
CommIssIOner Pct 1CommiSSIOner Pct 1CommIssIoner Pet 4CommIssIoner Pet 4
C. Deliberate and take action to authorize submission of application for TexasDepartment of Transportation Grant in the amount of $30,303.00 to be matched at20% with in-kind services.
Moved by CommIssIOner Patterson, Seconded by CommiSSIoner Stavinoha, duly put andunammously carrIed (5-0), it ISordered to authonze submiSSIOnof applicatIOn for TexasDepartment of Transportation Grant in the amount of $30,303 00 to be matched at 20"10withIn-kInd servIces
22. AUDITOR: Deliberate and take action on amending the budget for HGAC grant (tostudy all solid waste issues in the County) pursuant to Local Government Code m asfollows: OlO-999-STAT State Reimbursement + 010-043-0432-4010 Landfill Fees &Services + $50,000.
Moved by CommissIOner Meyers, Seconded by CommlsSloner Stavinoha, duly put andunanImously earned (5-0), it ISordered to amend the budget for HGAC grant (to study all solidwaste Issues m the County) pursuant to Local Government Code III as follows 010-999-STATState Reimbursement + 010-043-0432-4010 Landfill Fees & ServiceS + $50,000
23. CONSTABLE PCT. 3: Deliberate and take action to transfer 53,559.00 fromContingency into I.T.-Hardware due to Auditor's non-rollover P.O. policy.
Moved by CommiSSIOner Meyers, Seconded by Commissioner Prestage, duly put andunanImously carried (5-0), it ISordered to transfer $3,559 94 from Contingency mto IT -Hardware due to Auditor's non-rollover PO pohcy
24. COUNTY CLERK: Deliberate and take action to transfer $1,295.00 from Contingencyinto Capitalized Property & Equipment to pay for copier purchased in Year 2000, due toAuditor's non-rollover P.O. policy.
Moved by Commissioner Meyers, Seconded by CommIssIoner Patterson, duly put andunanimously carried (5-0), it ISordered to transfer $1,295 00 from Contingency mtoCapitalIzed Property & EqUipment to pay for copIer purchased m Year 2000, due to Auditor'snon-rollover P 0 polley
25. COUNTY TREASURER: Deliberate and take action on transfer of $4,232.50 fromContingency into Temporary/Part-time which was used to hire temporary help whileemployee was out on sick leave.
Moved by Commissioner Meyers, Seconded by CommIssioner Prestage, duly put andunanimously carned (5-0), It is ordered to transfer $4,23250 from Contmgency intoTemporarylPart-time which was used to hire temporary help while employee was out on SIckleave
26. E.M.S: Deliberate and take action to transfer $73,072.56 from Contingency into CapitalAssets ($68,300.00), Fees & Services ($4,500.00) and Property & Equipment ($272.56) tocover expenses incurred inYear 2000, due to Auditor's non-rollover P.O. policy.
Moved by CommissIOner Patterson, Seconded by CommissIOner Prestage, duly put andunanimously earned (5-0), It ISordered to transfer $73,072 56 from Contingency Into CapitalAssets ($68,30000), Fees & Services ($4,500 00) and Property & EqUipment ($272 56) tocover expenses incurred in Year 2000, due to Auditor's non-rollover PO pohcy
27. ENGINEERING: Deliberate and take action to transfer $6,843.00 from Contingency intoLT.-Software to cover software upgrade expenses incurred in Year 2000, due to Auditor'snon-rollover P.O. policy.
Moved by Commissioner Meyers, Seconded by CommissIoner Patterson, duly put andunammously carried (5-0), it ISordered to transfer $6,843 00 from Contingency Into I T -Software to cover software upgrade expenses Incurred in Year 2000, due to AudItor's non-rollover P 0 polIcy
28. FAIRGROUNDS: Deliberate and take action to transfer $5,350.00 from Contingencyinto Property & Equipment for 50 folding tables for Building B at Fairgrounds purchasedin Year 2000 (This should be a correction to the 2000 general ledger).
Pass
29. INDIGENT HEALTH CARE: Deliberate and take action on request for transfer offunds in the amount of $5,900.00 to cover secretarial needs in Indigent Health Care.
Moved by CommIssIOner Patterson, Seconded by CommIssIOner Meyers, duly put andunammously carried (5-0), it ISordered to transfer funds in the amount of$5,900 00 to coversecretarial needs In Indigent Health Care
30. LmRARY: Deliberate and take action to accept donation of six bronze sculptures forFort Bend County Libraries from Mr. Tony Sherman (To be housed at the Missouri CityBranch Library).
Moved by Commissioner Prestage, Seconded by Commissioner Meyers, duly put andunanimously carned (5-0), It ISordered to accept donation of six bronze sculptures valued atapproximately $12,000 00 for Fort Bend County Libraries from Mr Tony Sherman (to behoused at the MIssouri City Branch Library)
31. PURCHASING:A. Deliberate and take action on Bid #01·045 - 1 ton truck.
Moved by CommissIOner Patterson, Seconded by Commissioner Stavmoha, duly put andunanimously carned (5-0), It is ordered to accept bid #01-045 for 1 ton truck
B. Deliberate and take action on price increase from Impressive Printing pursuant toBid #99-055- Printing of Stationary.
Moved by Commissioner Meyers, Seconded by CommiSSIOner Stavinoha, duly put andunammously carned (5-0), it ISordered to award bid #99-055 to Impressive Pnntmg forpnntmg of stationary.
C. Deliberate and take action on the negotiated contract with S & C Constructionpursuant to Bid #01-042- Fry Road concrete pavement repairs.
Moved by Commissioner Meyers, Seconded by CommiSSIOner Patterson, duly put andunanimously carned (5-0), It is ordered to negotiate contract With S & C Construction pursuantto Bid #01-042 - Fry Road concrete pavement replllrs m the amount of $52,444 00Funds from Road & Bndge 4010 hne Item
32. SHERIFF'S OFFICE: Deliberate and take action on Agreement between Fort BendCounty and Cinco Ranch for one additional deputy to provide additional law enforcementin Cinco Ranch Subdivision.
Moved by CommIssIoner Meyers, Seconded by Commissioner Patterson, duly put andunanimously caTTled(5-0), It IS ordered to approve Agreement between Fort Bend County andCInCORanch for one addItional deputy to proVIde addItIonal law enforcement In Cinco RanchSubdIVISIon (paid by CInCORanch)
33. SOCIAL SERVICES: Deliberate and take action on transfer of $1,899.00 fromContingency into Property & Equipment to replace 15 year old copy machine at MissouriCity office.
Moved by CommIssioner Prestage, Seconded by Comtnlssioner Patterson, duly put andunammously caTTled(5-0), It IS ordered to approve transfer of$I,899 00 from Contmgencyinto Property & EquIpment to replace 15 year old copy machine at MtSSOUTlCIty office
34. COMMISSIONER PCT. 3: Hold workshop on County Investments.
County held workshop WIthHenry Neel and John Van, representing Rushmore InvestmentAdvisors, to discuss county Investments
35. Approve bills.
Moved by CommIssIOner StaVInoha, Seconded by CommissIoner Prestage, duly put andunammously camed (5-0), It is ordered to approve bills 10 the amount of$I,828,380 26.
36. Meet in closed Session to discuss the following matters:A. Litigation: Cause No. 18868; Fort Bend County, Texas vs. Eric Fagan and John
Cathy; In the County Court at Law Number One (1) of Fort Bend County, Texas.as authorized by TX. Gov. Code, Sec. 5511071.
Closed Session.
Convened at 3 15 P mAdjourned at 3 20 p m
Reconvene.
Reconvened at 3 25 P m
37. Reconvene Open Session and consider taking action on the following matters:A. Litigation: Cause No. 18868; Fort Bend County, Texas vs. Eric Fagan and John
Cathy; In the County Court at Law Number One (1) of Fort Bend County, Texas.
Moved by Commissioner Stavinoha, Seconded by Commissioner Meyers, duly put andunammously earned (5-0), It is ordered that Commissioners Court, on behalf of Fort BendCounty. approve and accept the proposed settlement made at the mediation held on May 3,2001 for the settlement ofthe County's property damage claims asserted agamst Ene Faganarising from the accident that occurred on July 31, 1998, funds to be deposited InFund 403
SUMMARY OF ITEM: APPROVAL FOR TRAVEL TO NATIONAL CONFERENCE OF INT'L ASSOC. OF CLERKS,RECORDERS, ELECTION OFFICIALS & TREASURERS (IACREOT) LEAVING 6-16-01 AND RETURNING 6-21-01.NATIONAL CONFERENCE IS BEING HELD IN BILLINGS, MT. PURPOSE OF THE CONFERENCE IS FOR ACCRUALOF CONTINUING EDUCATION CREDIT HOURS IN THE FIELD OF ELECTION ADMINISTRATION AND REVIEW OFE~PdN'fRA~lMENT: YesO NoOQ
N/A 0
COMMENTS:FULL FUNDING FOR TRAVEL EXPENSEWILL COME FROM TRANSFER OF $1500IN OBJECT ~010 TO OBJECT 0701,AS PERMITTED UNDER IX ADMIN. I ( ,
CODE RULE 81.161
FINANCIAL StJMl\1ARY:
BUDGETED ITEM: ANNUALIZED DOLLARS:
YesO NotX N/AO One Time (xl $1500
Fundmg SnUl'l:e:fund__ agcy__ Objecr {ltD.~
Recurring ()
CC with baek up:yes UAuditoryes{l} Budget Offieeryes ll} County Attorneyyesf} Purchasing Agent
Original Form Submitted with back up to County Judge's Office: Yes (il
InstructIons for submitting an Agenda Request:
1. Completely fill out agenda form, incnmplete forms will not be processed.2. Fax or inter-office (opies of agenda fnrm witb all back up information by Wednesday at 2:00 p.m. to the departments
lIStedabove.3. All original back-Up must be receIved In tbe County Judges Office by 2:00 p m. nn Wednesday.
RECOMMENDATION! ACTION REQUESTED:
SV 11 10. LT nEW 81VV-TVS-18c XE~ NIWQ~ SNOI1J3l3 J8~
,30th Annual IACREOTConference & Trade Show
Billings, Montana June 16-20, 2001,.' " ~ " " t
_ • t , \ / ~ : • •• ' -<
(PJl;t:1~eoPrint 0/ T~pc)One Delegate Registration Per Form
Name Title
Address CountvlPansh
Stale Coun""
Phone# I \ Fax# ( \
E-mBll D Cheek If 1st IACREOT Conference
Cheek all that apply. D Clerk D Recorder D Election OffiCial o Treasurer
$225.00 - Early (Post-Marked on or before May 1. 2001)$250.00 - Late (Post-Marked /lfter May 1, 2001)$300.00 - On-SIte
P/lyment of • full reslstrallon provides one ticket to EACHof the events listed. Addilional tickets, If needed,may be purchased In the space provided below.
TypeCheck One
DEarly - $225o Late - $250Cl On-Site - $300
Type
Name on BadgePluse PRINT Dr TYPE
Name on Badge
CategoryCheck one
o DelegateOVandoro SpouselGuast
Events - Check all that ou Ian to Ilttend
CategoryCheckonll!
o VendOf
o Spouse/Guest
Pre-ConI.
lete this "ecllon QlliX 'f you wish 10 purchase Individual events tickets.
TotalQuantiOn-Site
Price Event
$75
$45 $55$75 ues 19th
FOR OFFICE Dale ReceIved
USE ONLY Amount
Delegatee musl be dues paying members of IACREOT. If your dues have not been paid, please complete this section.e Renewln Member NewMember ,......
sv. H
$50
$25 $35
AsSOCIateMember' $85 $60
$20 $30
Full Member $135 $110
$25 $35$30 $40$30 $40
*AssOQale Members/up Is only available to those who have a FULL MEMBER In therr office It cannot be obtaIned separatelyYou must complete the following Inlormabon Name 01 Full Member:
$85
TOTAL INDIVIDUAL EVENT TICKET PURCHASES• TOTAL AMOUNT ENCLOSED$$
Refund PolIcy: Fun refund Wwritten requeslls recarved by 6/6/01 otherwise a $5(l admJlllStrallVefee win deducted from rerund.Instructions' Use your name and address under which your membership rs entered Make check payable to IACREOT 2001 Conference.Keep pInk copy for your recortis and return yenow and white Copies to IACREOT, Vickie Zeier, P.O Box 7249, Missoula, MT 59801
Office of Elections AdministrationFort Bend County, Texas
David BeimeElections AdmInistrator
(281) 341-8670Fax (281) 341-4418
MEMORANDUM
FROM:
Honorable James Adolphus, County JudgeHonorable Tom Stavmoha, Commissioner Precinct IHonorable Grady Prestage, Commissioner Precinct 2Honorable Andy Meyers, CommissIOner Precinct 3Honorable James Patterson, Comnussioner Precmct 4
DavId Beirne':JJ3Elections Administrator
TO:
DATE: May 17.2001
RE: Cost schedule for IACREOT National Conference
The International Association of Clerks, Recorders, ElectIOn OfficIals, & Treasurers (lACREOT)IS an organIZation which affords the opportumty for electIon officla.ls throughout the field toexchange Ideas, share concerns, and earn contlnumg education credit hours in the field of electionadmmistration 'The Trade Show aspect of the Annual Conference provides the OPPOrtunlty forvarious vendors from the appropriate fields to show their wares which is an mtegral part for anyelectton admmistrator seeking iImovation
The following is an estimated cost schedule for the National Conference in Billmgs, Montanabeginning June 16 and ending June 21 of thiS year:
Arrfare:Hotel:Conf. Reg. Fee:IACREOT Dues.
$450.00 (est1nIated)$45000 ($85/mght for 5 mghts)5250.00$135.00
Total: $1287.00**TalaI sum for travel would be conSIdered $1500 to prOVIdefor laxes, meal and other travel related expenses
The timetable assOCIated with thIS request is nOIindicanve of future practices and I appreciate theconsideral1on and patIence of the ComnusslOners Court when cODSldermgthIs request for travel.
Rosenberg Annex' 4520 Readmg Road· Swle A' Rosenberg, Texas 77471e-m;lll add",.. vote@co fort-bend Ix us A-3
SO d NI~a~ SNOI1J313 J8J
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO: AGENDA COO RD.-COUNTY JUDGE'S OFFICE
DATE SUBMITTED 5/14/01 SUBMITTED BY: Ann WerleinDEPARTMENT: County JudgePHONE NO
AGENDAITEM 1\
# f\ J'1COURT AGENDA DATE 5/22/01
RENEWAL CONTRACT/AGREEMENT: YesO No (v')
SUMMARY OF ITEM: Approve payment to DIStefano/Santopetrol Architects, Inc. m the amount of $30,274.60 to payfor Phase I Completed Drawmgs for the Juvemle DetentIOn expansIOn. (Fund 257-045-2000-4010)
LIST SUPPORTING DOCUMENTS ATTACHED.
N/A o
FINANCIAL SUMMARY:
BUDGETED ITEM' ANNUALIZED DOLLARS COMMENTS:
Yes (-f) NoO N/AO One TIme ()
Fundmg Source.Fund 257 Agency 045 Object 4010
Recurrmg ()
CC with back up:yes (,( )Auditoryes ( ,()Budget Officeryes ( ,()County Attorneyyes ( ,()Purchasing Agentyes (v' jCounty Clerk
Original Form Submitted with back up to County Judge's Office: Yes ()
[nstructlOns for submlttmg an Agenda Request
1 Completely fill out agenda form, mcomplete forms wIll not be processed.2 Fax or mter-office copIes of agenda form with all back up mformallon by Wednesday at 2:00 p.m. to the departments
listed above.3. All ongmal back-up must be received m the County Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION / ACTION REQUESTED:
INVOICE
TO Hon James Adolphus, County JudgeFort Bend County Commissioner's Court301 Jackson, SUite 719Ichmond, TX 77469
DI STEFANO/SANTOPETRO ARCHITECTS, INC11222 Richmond Avenue, SUite 230Houston, TX 77082
FROM.
DATE Apn12,2001
ARCHITECTURAL SERVICESPO #PC 00100000915
RE
PROJECT DeSign of Addition to Fort Bend County Juvenile Center
Architectural Fee $267,582
Phases Completed and SubmittedSD @ 15% (267,582 x 15%)DD @ 15% (267,582 x 15%)
DUE ARCHITECT:RECEIVED:
BALANCE NOW DUE ARCHITECT:
cc Gilbert Jalomo, Jr , PurchaSing AgentMike Meade, Director-Juvenile Center
$40,13730$ 4013730
$ 80,27460($ 50,000.00)
$ 30,274.60
March 27, 2001
25. AUDITOR:
A. Consider approving transfer of $312,846.00 from IT-Software into IT-Hardware
($67,996.00) and Fees & Services ($244,850.00) to transfer funds within budget
according to the needs of the accounting software implementation plan.
Moved by Commissioner Patterson, Seconded by Commissioner Stavinoha, duly put and
unammously carned (4-0), It ISordered to approve transfer of$312,846 00 from IT-Software Into IT-
Hardware ($67,996 00) and Fees & Services ($244,850 00) to transfer funds WllhIn budget accordIng
to the needs of the accountIng software Implementation plan
Judge Adolphus
Commissioner StavInoha
CommiSSioner Prestage
absent
yes
yes
Commissioner Meyers
CommiSSIOner Patterson
yes
yes
B. Deliberate and take action to approve the transfer of $50,000.00 from General Fund
Permanent Improvements to Juvenile Expansion Capital Projects Fund 257 for
architect fees.
Moved by Commissioner Patterson, Seconded by CommiSSIOner Meyers, duly put and unammously
carned (4-0), It IS ordered to approve transfer of $50,000 00 from General Fund Permanent
Improvements to Juvemle ExpansIOn Capital Projects Fund 257 for architect fees
(Part of the total $735,000 00 project fund controlled by Juvemle Board)
Judge Adolphus
CommiSSioner StaVInoha
CommiSSIOner Prestage
absent
yes
yes
CommiSSIOner Meyers
CommiSSIOner Patterson
yes
yes
1.+
March 6, 200 I
item #18 continued - Administrative Services:
C. Deliberate and take action on Real Property located at William B. Travis
Building.
No court actIOn
19. AUDITOR: Deliberate and consider taking action to approve the transfer of $50,000.00
to the Juvenile Facility Construction Capital Project Fund for the payment of architect
fees for the proposed juvenile expansion project.
Moved by ComnusslOner Meyers, Seconded by ComrmsslOner Prestage, duly put and
unammously camed (5-0), It ISordered to approve the transfer of$50,000 00 to the Juvemle
Faclhty ConstructIOn CapItal Project Fund for the payment of architect fees for the proposed
juvemle expansIOnproject Fund 042 CapItol Improvement 2000 budget
Judge Adolphus
Conurussioner StaVInoha
Conurusstoner Prestage
yes
yes
yes
CommIssIoner Meyers
ComnusslOner Patterson
yes
yes
20. COUNTY ATTORNEY: Deliberate and take action to approve Renewal Agreement
between Fort Bend County and Kendleton Independent School Distnct for the purchase
of fuel and other contracts of the same nature.
Moved by ComnusslOner StaVInoha, Seconded by Comnussloner Prestage. duly put and
unammously camed (5-0), It ISordered to approve Renewal Agreement between Fort Bend
County and Kendleton Independent School Dlstnct for the purchase of fuel
Note The County Attorney WIllrevIew all agreements for fuelIng servtce to add appropnate
language necessary to protect the county
Judge Adolphus
CommISSIOnerStaVInoha
CommISSIOnerPrestage
yes
yes
CommISSIonerMeyers
Corrumsstoner Patterson
yes
yes
yes
8
-----------====--::::-::==c;-----------,FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO AGENDA COORD -COUNTY JUDGE'S OFFICE
DATE SUBMITTED 5114101 SUBMITTED BV: Ann WerlemDEPARTMENT: County JudgePHONE NO ..COURT AGENDA DATE 5/22/01
RENEWAL CONTRACTI AG REEMENT. Ves () No V)
SUMMARY OF ITEM. Authorize County Judge to SIgn a master applicahon used by Fort Bend County Employeeswhen they decIde to partIcIpate m the FBC deferred compensatIOn program monitored byDearborn & Creggs
LIST SUPPORTING DOCUMENTS ATTACHED
NIA o
FINANCIAL SUMMARY:
BUDGETED ITEM ANNUALIZED DOLLARS' COMMENTS:
Yes() NoO N/A(") One Time ()
Fundmg Source:Fund Agency Object
Recurring 0
CC with hack up:yes (,f )Auditoryes ( ,f)Budget Officeryes ( ,f)County Attorneyyes ( ,f)Purchasmg Agentyes (" )County Clerk
Origmal Form Submitted with back up to County Judge's Office: Yes ()
InstructIOns for submitting an Agenda Request
I. Completely fill out agenda form, IIIcomplete forms Will not be processed2 Fax or mter-office cop.es of agenda form With all back up mformatlon by Wednesday at 2:00 p.m to the departments
listed above.3 All orlgmal back-Up must be receIved 10 the County JUdges Office hy 2 00 p.m. on Wednesday.
RECOMMENDATION f ACTION REQUESTED:
~~ Security Benefit lifel~ Insurance Company r'SBl")e, , _. -----_.-
Name fort Bend County. Texas Defern d Name ~- WtvJAddress P.O. Box 1202 Camp. Plan Address -Richmond. TX 77406-1202
Sex M 0 F 0 Date of Birth Relatlonshl
Tax I D or 55N 74-6001969 Date of B"
AnnuIty Commencement Date Tax I 0 or
D JOINT OWNER DCONTINGName Name
Address Address
Sex M Of 0 Date of Birth Relationship to Owner
Tax I 0 or SSN Date of Birth
RelatIonship to Owner Tax I 0 or 55!':
IDI INITIAL PURCHASE PAYMENT D TYPE OF ANNUITY CONTRACT
(for Single PremIUm contracts only) <check one for each of A., Band C below)
$ A o Individual or IKJ GroupB o Nonqualihed o 401(a) IQual Pens,on/Pro"t ,harlng)
IDI ALLOCATION OF PURCHASE PAYMENTS o 403(bl ITSAI 040 I (kJ IQual Savings Plan I0408 (IRA)' *Contnbutlon Year
Small Cap Growth+ __ % Large Cap Growth+ --% o 408A (Roth IRAI'
Small Cap Value+ % Equity -_% o 408il, . (SEPj Tvpe of Plan-- 0408 (SImple)Technology+ -_% MaIO Street Growth & Incomet -_% IKJ 457 IDef Camp IlnternJtlOnal+ -- lYo Large Cap Value -- % C I!l FleXible Premium Deterred
Global -_'Yo Global Total Return %o Stngle Premium Deferred
-- D Single PremIum lmmedlJteMid Cap Growth -_% Equity Income __ 0;;)
_ PLEASE COMPLETE THIS SECTION ONLY IF YOU AREMid Cap Value~ -- % Managed Asset Allocation __ u(')
Social Awareness % Global Strategic Income %ApPLYING FOR A GROUP CONTRACT
-- -- A Control 01 the Contract will be vested InSelect 2S+ __ {Yo High Y,eld+ -_% o Owner 0 Participant 0 OtherCapital Growth+ % DlversJtled Income ,n B Will purchase pavments be allocated to participant-- -- ,0
General Account " II!!I EMPLOYER INFORMATION'-- "'.100% Emplover Name Same as Owner
+I\'II( IVI/IW!('\\Ir!1 IIIVml/l'\rOIlIf,l(!1 "'1(1\( r{llfIOVOUfIJrlJ'/)\(t1t' Type at Or~JnllatiOn \t' g publl< ~chool system)
D ANNUITANT (If different from owner) Emplover ~ddre5sName Billlng Statements r\cJdre~sAddress
Sex M 0 FO Date at Birth Arnount 01 Purchase Payments to be made $
T,,, I D or 55,"Frequc"ncv time" per yeJrBeglnnllll2, DateVVtll [mplO\er m,1ke contnbUtlon'",I lKl Ye~ 0"'0
III!I VVdl thiS annUl!V repL:lCt" or (h,lngp anv other lIl"urall{ e or JllnLlIl\ 1 0 Yes 0 'I)
It yes, state companY(IPSJ, contrJct llun1bE'!t~) Jild ,1n10UnU\1 _
T vpe 01 contr ,1Ct --c;--,----,----.,----.-,----,------.,-------,--,---,-----------,------,-,----It 1035 e'<change or other trJnsler at a~sets, attJch (1: excham.;e lornH~1 or letterr,,] l11d (.!) repl,lLl'l11ent lorrn(~1 If ~lppJrC<1bic
D:M TElEPHONE TRANSFER PRIVilEGE.)[3L will Ill,lke tran<;ler~ ,111l0ng JClounts, clunge' the ,111mJtl()11 ()I \ulUll' 1)11( !ll"~' P ~\ In"lll" I I' 1"~' 1111 11,11111 \ ,'>1 \\." 1.21"
OplJOn, ,1I1(hx e/1 ln~.w the A,,::,C'! l~e dloL.lIIOIl OpllOI1 h l~('d on Il !epholl(\ IIl'Jlrul u'
11 \()lI do nut\,\,..,h Iou.." tllt'ltltl)h()rl('1111\11\"~, \\)\111111,,1 I'> "tl" 1",\['
AS PER OfIIGINAL
("en\..;, or Genu II ALcount)
(Please indicate the dollar or percent of spilt If gOing to two or more accounts) (2) --;:=~~-::;-;:::_::_=:_---
Please effect the transfer under the follOWing optfonChed. only one
A 0 $ per transfer over months/years
B 0 Fixed Perrod of months/years (At the end of thp 1'''0", ,,--the Sen€s/GenerJI Account as mdlc1ted )
C 0 Only Interest/Earnings over months/yea 0 '\from the eftectlve date before the tfiSt transter occurs) ; j,A./
Please make transters 0 Monthly 0 Quarterly CI understand that automatic transfers from the General Account
~ will hJve been transferred tram
1e pellod (a month or quarter)
~ntprospectus
Ilil!I D ASSET REAllOCATION REQUEST: I elect Automatic Ass<General Account may not be used If the reallocatIOn would vloltContract Initial purchase payment Will be allocated based on In
EffectIve Date and contlnumg every 0 3 months
counts outlined above The'neral Account as stated In the
o 6 months 0 12 months thereafter
Iim!I D SECUR-O-MATIC BANK DRAFT (Attach Void Check)Establish a 0 Monthly 0 Quarterly draltlrom my bank account on the 0 7th 0 14th 0 215t 0 28th
Amount 01 Dralt $ _
Name of Bank __________________________ Bank Phone Number _
Bank AddressZ1p Codl
Bank Account Number TranSit Routing Number _
I authorrze SBl to make withdrawals from my checking account whICh I marntarn at the above Irsted bank This authorrzatlon ISlimited to the payment to SBL of the amount Indicated on this application I authollze my bank to pay and charge to my bankaccount any withdrawals made by and pavable to SBL lor thiS purpose ThiS authorrty IS to remain rn ettect until revoked bv me tnWilting, and untrl SBL and the bank actua(ly receive such notice, I agree neither SBL nor the bank shall have any Ilabrilty to me Inmaktng any such wrthdrawals
[ I Jve been given a current prospectus that descnbes the contract tor which [ am applYing and J current prospectus tor the tund which underliescdch Senes above It mv annuIty contract quahlles under Sectton 403(bl I declare that I know (1 \ the [tmlts on redemptlon tmposed by Section403(b){11) ot the InternJI Revenue Code, and (2) the Investment cholce~ avad.:lbJeunder my emplover's SectIon 403(b} plan to which I may elect totr<lllsler my account balance. I know that annuity payments and Withdrawal values, If any, when based on the 10vestment experIence of aSeparate Account of SBl are variable and dollar amounls are not ~uaranteed. The amount paId Jnd the applICation must be acceptable to SBLunder Its rules and practices It they are, the contract applied lor \\111 be In ertect on Its Contract Date If they are not, SBL will be liable on Iv tor then~turn of the amount paid
REPRESENTATIVE'S STATEMENT-To the best at nw knowledge, thiSJppllGltJon IS not Involved In replacement at hIe Insurance orannUities, a~ deflne0 lO appltcable Insurance Dep;1r1mentRe~u!Jtlons, except a~ stJted Irl question 11 above I hJve compiled\<\ Ilh the requrrpments lor disclosure and/or replacement
TAX IDENTIFICATION NUMBER CI:RTlfICATIQW·Under Pwalhes of Perlury I Certify that1 TlH num!J( r ~hown on Ihl~torm I" nl\ (Orrc>ClIl:>"pilyer I(jentlll(,It1011llumlJ( r Illr I
\In \"';\I\\n~ lor ,\ nurnb( r I() be 1",>UL'i110 mf'\ lnd2 I Inl nol '>ulJ)('rt to b lCkup wllhholrllll~ !J(,\ilU,>{' (,I) I dnl ('\pnml IrOn] b l( kllfl
...'..\(hholdm:.', Or Illi \ h,wl' no( b\,pn nolll\pd hv \hl In\('fn,l\ ~t'\l'ntl\ '!\ f\H \ <\\-\.."111,1l! ,lnl ,>uhJ( (t 10 b<!( J...up,\ IIhl1()ldlll~ 1'0. ,1 rlM,ult 01 1 t 1IIUf('1O report "II11\('(0<,.( or «lV\(\(·l\\I .... or I~I \h~ IR\ h \....nol\I\~d nw Ih,\1 I ,In\ nu k.l\\3\ r ,>ubl\\ \ \~1
h IC"up wllhholdlngThl... Inlern",l Rl.....enue Ser .. lCe doe~ not requIre your cons-<'.nt to "I'" prnvl~lon 01 ttw,document other th,n the certlfjcallon~ requIred to aVOidbackup WIthholding
D.ltecl al __ -====--c'-C---''-- _R1chmond, TXTh" d,'v ot 2001
l'nn! \\"pf!'~\·I\llll\I' ~fllll '\i 111l!' lilt I PholH Numlllf
··CertlflCatlon InstruCIIOn.', - You mu~l cro~sout Item 1]1 lbo\(' It VOll 11,1\'('IWE'f1nOllllPd U\ 11\.'JII1,lt \()u HI' (.Jrrenll\ ....Ull\Cll to b,H h.upwilhholdln~Ilf,'C,lu,>e at underrerortlnt.; Ir1!prest or diVidends on vour t,h (('Iurn f(lr (onlrliJutloll'> [0 ,In Il1dl\ lelU11rl'llrt' nellt ,lrr,lIH:el11Pl1t '11,r\1 ,'nd ~("Il('r,lll\P,IVlllt>nb olhpr thcln Inlt>rC<;:,1 and dIVldt'l1d., \011 ,HP not r('qulfPd lo ~1\'11Ihi' (l'fllll( 111011bllt \OU Illll ....t ~(;)\ Ill{ \our, "cr ,1 I' I,ll nllll( ,11'(111,>'1. In,
~ Check tllI~box If you would like a ~(Jtemcnt of "dr-IIlmn.,1 Inlornl.1tlOn
AS PER ORIGINAL
¥700 SIN J-{3ITtSOO St.,Topeka, K.antas 66636-0001
A Memb« oC The SecunlyBenefit Group of eomp.tmes Varif1ex Application
Sex M 0 F 0 Date of BirthTax \ 0 or SSN -1'--I - iP o---:O:-t:-9"'"r.,,-;-;;::1-----Annuity Commencement Date
D JOINT OWNERName _Address _
Sex M 0 F 0 Date of Blrth _Tax I 0 or SSN _Relationship to Owner
PRIMARYBENEFICIARYName __
Address_
Relatlonshlr-Date of BlrtlTaxlO or~
CONTINGErName __Address _
Relationship 10 Owner _Date of Birth ;-:- _Tax 10 or SSN
o INITIALPURCHASEPAYMENT(for Songle Premium contracts only)
$
ALLOCATIONOF PURCHASEPAYMENTSEmerging Growth Series'Sacral Awareness Series.*'Worldwide EquIty Series'Value Series'Growth Series'Specialized Asset Allocation Series'Managed Asset Allocation Series"Equity Income Series'Growth-Income Series'Global Aggressive Bond Series'High Yield Series"High Grade Income Series'Money Market Series'General Account
. Amount of Purchase Payments 10 be made. S _Frequency limes per yearBeginning Date _Will Employer make contnbullonsl 0 Yes a No
WIll thIS annuity replace or change any olher Insurance or annuity' 0 Yes a NoIf yes, state company(les), contract number(s) and amount(s) _Type of contract __ ,-----__ ,-----_-:- ,-----,-----__ -:-_,----- -:- ,----- --,-_,-------,-_:-,----- _If 1035 exchange or other transfer of assets, attach (1) exchange formes) or letter(s), and (2) replacement (orm(s), If applicableSpeclallnstruclions _
a PLEASECHECKTHE FOLLOWINGSERVICESTHATYOU WISH TO ELEITTELEPHONET RANSrERPRIVILEGEo I (we) authonze SllL to make transfers among accounts, change the allocallon of (u\JJre purchase payments and make changes to
an eXisting Asset Reallocation or Dollar Cost Averaging opllon, based on telephone Inslruc\iOns SBLhas procedures to conllrmth.1l such instructions are genUine and win not be liable for any losses due to fraudulc'1t or un.-wlhorl7ed mstrUC!IOns orOVIOC"
1')0(\lit'; 'HI complies With Its procedures whIch are set forth In 'ne VJf1J.hlp lnntlllv prosnec"
A MI'muI'f 0/ T/u )(x-ufI!y1I1Iwill (,roup at COmp,lnlt:> Variflex Application 700 <,W H lfmon ,'"
Topek'l, ",1Il5,1~ ()()(,3(, 0001
.. OWNER (Applicant) D PRIMARY
Name Fort Bend County, Texas Deferred Name --~tLJAddress P.O. Box 1202 Compo P1an Address -
Richmond, TX 77406-1202Sex M 0 F 0 Date of Birth Relatlon~hl
Tax I D or SSN 74-6001969 Date of B,r
Annuity Commencement Date Tax I D or
D JOINT OWNER I&lI CONTINGName Name
Address Address
Sex M 0 F 0 Date of Birth RelationshIp to Owner
Tax I 0 or SSN Date of Birth
Relationship to Owner Tax I D or SSr--:
II!I INITIAL PURCHASE PAYMENT D TYPE Of ANNUITY CONTRACT
(for Single Premium contracts only) (check one for each of A , B. and C below)
$ A o Individual or IX] GroupB o Nonqualrlied o 401(a) (Qual Pens,on/Prot,t Sharrng).. AllOCATION Of PURCHASE PAYMENTS o 403(b) (TSA) 0401 (k) (Qual Savings Plan)
0408 (IRA)" *Contnbut!on YearSmall Cap Growth+ __ % Large Cap Growth+ __ IYo o 408A (Roth IRA)"
Small Cap Value+ -_% Equity % o 408(1,) - (SEP) Type of Plan-- 0408 (Simple)Technology+ -_% Marn Street Growth & Income+ -_% ~ 457 (Del Camp)Internatlonal+ --% Large Cap Value -- % C FleXIble PremIum Deterred
Global __ % Global Total Return -_% B SIngle PremIum Deferred
Mid Cap Growth -_% Equity Income -_%SIngle Premium ImmedlJte
Mid Cap Value+ __ % Managed Asset Allocation __ °;\1 D PLEASE COMPLETE THIS SECTION ONLY IF YOU ARE
Social Awareness __ % Global Strategic Income -_%APPLYING fOR A GROUP CONTRACTA Control at the Contract will be vested rn
Select 25+ -- % High Yleld+ -- % DOwner 0 Participant 0 OtherCapita I Growth+ % DIverSifIed Income "/. B WIll purchase payments be allocated to participant-- -- ,0
100llAl Employer Name Same as Owner+NOI IV ,,11/;/(' With III v lnlh~\ rOlltrMt~ Pie 1'(' relpr 10 vour ))((J'}J('( III' Type 01 Organrzatlon (e g pubiJc school system)
U ANNUITANT (if different from owner) Employer Addre"NJ.nle Billing Statements AddressAcldress
.Sex M 0 rD Date at Birth Amount of Purchase Payments to be made $
Ta, I 0 or S5NFrequenc v tlrne<:,per yearBeginning DdteWill Emplover m,lh.e conlnbutlom? ~ Yes DNa
011 Will thiS .1nnUltv replace or ch':lIlge any other In~ur;Il1Ce or Jnnulty? 0 Yes 0 r"oIt yes, <;tate company(lesl, contract numberbl and amounthl _Type 01 contrJct _-,-,- -,----,,--,---; -,-- -,--,_---,- --,,---,,-_-;------;--;- _It 1035 exchange or other transter ot assets, attach (1) exchange lorm(<;) or lelterh), Jnd (2) replan-'ll1ent torm(s), It applICable
1m SpeclJ.1 ln~tructlon~
1m TElEPHONE TRANSfER PRIVilEGE:~BLwill rnah.c tral1sler<; among accounts, ch.1I1ge thl...' ,lllocation o( luturp purch,l'>l' P,l\ tllen!', (h,l11~(, the [)olLlr Co'>t A\'(~r:lglll~OpliOfl, and/or change the A~~e{ RC'<111ocatlonoption 1J,I~edon telephone tlls(ruc..Uon<,
I! \ Otl do nol V\'I<,hto uv' the Il'!ephonc pnvrl(,~t'<' \'Ol/ ll1uq I hI" k 'hI' )10\ 0
m0 AUTOMATIC DOllAR COST AVERAGINGPIease establish an automatic tra nster from ------:;-,..,---,-7C=:7"7==---- toll) -----;;:;;;~:;;;o;;;;;-;;;-;;;:~::;;_----
'''('rl( ':> or c.....ner.;tl Accourlll
(Please indICate the dollar or percent of spilt If gomg to two or more accounts) (2) -----;;=:-:::-:-::::::::;-;=-.:- _
(3) -----;;=:-:::-:=::;-;=-.:- _('Jl rIC.i or G{'ner,ll A ....counl)
Please effect the transfer under the following optionCheck only oneA 0 $ per transfer over months/yearsB 0 FIXed Period of months/vears IAt the end of the Fixed Period, all Contract Value will have been transferred trom
the Sene:::./General Account as lnd;cateu )C 0 Only InteresUEarnmgs over months/years (Earnmgs will accrue for one time period (<1 month or quarter)
from the eftectlve date before the first transfer occurs)Please make transters 0 Monthly 0 QuarterlyI understand that automatiC transfers from the General Account are Itmtted as described 10 the current prospectus
.. 0 ASSET REAllOCATION REQUEST: I elect Automatic Asset Reallocation IAARIamong the Accounts outlined above TheGeneral Account may not be used If thf' reallocatIOn would Violate the Transfer provIsions of the General Account as stated In theContract Initial purchase payment wlll be allocated bJsed on instructions In SectIon 4 starting on
Effective Date and continuing every 0 3 months 0 6 months 0 12 months thereafter
.mil0 SECUR-O-MATIC BANK DRAFT (Attach Void Check)Establish a 0 Monthly 0 Quarterly draft tram my bank account on the 0 7th 0 14th 0 21 st 0 28th
Amount ot Drat! $ ~ _
Name of Bank Bank Phone Number _
Bank Address --=:;--------=--------7.:,..,--------0:::r:::;:-----------')Ireel
Bank Account Number TranSit Routing Number
I authOrIZe SBl to make Withdrawals from my checking account which I maintain at the above listed bank ThiS authomatlon ISlimited to the payment to SBL of the amount indicated on thiS applicalion I authonze my bank to pay ancl charge to my ban'account any Withdrawals made by and pavable to SBL tor thiS purpose ThiS authOrity IS to remam In etfect until revoked by me 1nWriting, and until SBl and the bank actua(ly receive such notice, I agree neither SBl nor the bank shall have any liability to me Inmaking any such Withdrawals
\ have been gIven a current prospectus that describes the contract tor whICh { am apptymg and a Current prospectus tor the tund whIch underheseach Sertes a110ve It my annuity contract qualIties under Section 403(bl, 1 declare that I know (1) the limits on redemption Imposed by Section403(b)(11) of the Internal Revenue Code, <lnd (2) the Investment chOice':><wadable under m'( employer's SectIon 403{bl plan to which I may elect totransfer my account balance I know that annuity payments and Withdrawal values, I any, when based on the Investment experience of aSeparate Account of SBL are variable and dollar amounts are not fuaranteed The amount Pilld and the application must be acceptable to SBLunder Its rules and practices It they are, the contract applied tor \Vii be In ettect on Its Contract Date If they are not, SBL will be liable onlv tor thereturn of the amount paid
TAX IDENTIFICATION NUMBER CERTlF!CATIQNHUnder Penalties of Perjury I Certify thai1 The.-numuer "hown on tht...lorm t<,my torrpcf taxpayer Idenllllc,1tlon l1umber lor [
,1m\..al\ln~ lor ,1number to be Is...ued 10me'\,andI 111' not <"\11»\ rl 10 b<lckup wllhholdmg b('(,lU<.,P (,11 \ ,1m pxpmpllTom \),lrl.-\)1Iwllhholdlng or (l>1 I h,lV(' 1101lwen 1101IIIPdbv 111('lnl('fl1<11 f{( VCllU\ <.,{ r\ I( ( 11R."'1thdl I ,U11 ...ubJ{'(t lO h,lCl.-up wllhholdlng <1 ... ,1 r('wlt 01a I HlufP 10 r('port "IIml( ((, .. t or dtvldend'>, or (c I th{ IR....11,1"nollll('d [l1<' thdt ( ,1m 110 1011t;{'r ,>uIJ!t'( t lill> lr"up wlthhold!ng
The Inlernal Revenue Service does not reqUire your consent to any prOVISionof Ihl'>document olher than the cerbficatlons reqUired to aVOidbackup wlthholdlOg
REPRESENTATIVE'SSTATEMENT- To the best at my h.nowlecige, thiSap[1llcatlon IS not Involved In replacement ot life Insurance orannUitIes, as c1ellned In applicable Insurance DepartmentRegulations, except as stated III question 11 above \ have compliedWith the requIrements tor disclosure and/or replacement
Dated at __ -====== _Richmond, TXTh" clay of 2001 JQmes Q AdolphuS 2.81-341-81005
JOlnl ()WIll r ~1~n,l\ur('
"""'CerllficatlOn Instructions - You must cross out Item (2) ,1bo\'[' It vou h,wf' been notlllpd by IRS Ih,lt you .lre currentlv subject to bJckup wlthholdll1~because of underreportln~ Interest or diVIdends on your t<lXrpturn r Of (ontrtbLJIIOn~ to ,1n !ndl\ Idu,ll rf'tlfement arr,lllgemenl \ IRAJ, Jod gellerallvPi1VnlPIll:. olfH'r th<ln In!ere~t ,lnd dlvldf<ncb \ OLJ,lrf<nol [('quI rp(1t,) ..1:;11tIll' LCr!ltl{ ,1110n,but vou rnu....t prOVide your (,orre'LI T 1.....1(lpntlll(.,1\IO(l Numbc"
o Check tillS box If you would like a Statement oi Add,lIonallnformallOn , ')1)
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO: AGENDA COORD -COUNTY JUDGE'S OFFICE
COURT AGENDA DATE 5/22/01
SUBMITTED BY: Ann WerlemDEPARTMENT: County JudgePHONE NO.:
AGENDAITEl\h# '\L
DATE SUBMITTED 5/14/01
RENEWAL CONTRACT/AGREEMENT Yes() No("')
SUMMARY OF ITEM: Record mto the permanent record all the ongmal documents assocIated wIth the issuance ofthe $29 mIllion, General ObligatIOn Bonds, Senes 2001 - as prepared by Vmson & Elkms theFBC Bond Counsel.
LIST SUPPORTING DOCUMENTS ATTACHED Back up IS one copy of each anginal documents In a spiral about three Inchesthick We will not be dlstnbutlng copies
N/A o
FINANCIAL SUMMARY:
BUDGETED ITEM ANNUALIZED DOLLARS: COMMENTS:
Yes () No 0 N/A ("') One TIme ()
Fundmg Source:Fund Agency Object
Recurnng 0
CC with back up:yes (v' )Auditoryes ( v')Budget Officeryes ( v')County Attorneyyes ( v')Purchasing Agentyes (.( )County Clerk
Original Form Submitted with back up to County Judge's Office: Yes ()
InstructIOns for submlttmg an Agenda Request.
1 Completely fill out agenda form, mcomplete forms will not be processed.2. Fax or mter-office copIes of agenda form wIth all back up mformalJon by Wednesday at 2:00 p m to the departments
listed above3. All ongmal back-up must be receIved 10 the County Judges Office by 2'00 p.m. on Wednesday.
RECOMMENDATION / ACTION REQUESTED:
THIS ORIGINAL DOCUMENT SHOULD BE PLACEDIN THE PERMANENT RECORDS OF THE CRY.
~
ORDER AUTHORIZING THE ISSUANCE OF $29,000,000 FORT BENDCOUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES 2001
THE STATE OF TEXAS §COUNTY OF FORT BEND §
WHEREAS, the bonds hereinafter authorized were duly and favorably voted at electionsheld in Fort Bend County, Texas (the "County") on the 7th day of November, 2000 (the..Election ....); and
WHEREAS, the County hereby finds that the road projects contemplated in the Electionand financed under the terms of this Order constitute connecting links and integral parts of thecounty roads and state highways located in Fort Bend County; and
WHEREAS, the Commissioners Court of the County does hereby determine that bondsin the amount of $29,000,000 should be issued as a portion and the first installment of the$86,000,000 road bonds voted at election mentioned above, leaving the remaining $57,000,000of such bonds to be issued, sold, and delivered at a later date; Now, Therefore
BE IT ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERSCOURT OF FORT BEND COUNTY, TEXAS:
I. Recitals. It is hereby found and determined that the matters and facts set out inthe preamble to this Order are true and correct.
2. Definitions. Throughout this Order the following terms and expressions as usedherein shall have the meanings set forth below:
"Act" means Chapter 1471, Texas Govemment Code, as amended.
"Attorney General" means the Attorney General of the State of Texas.
"Blanket Issuer Letter of Representations" means the Blanket Issuer Letter ofRepresentations between the County, the Registrar and DTC.
"Bond" or "Bonds" mean the $29,000,000 Fort Bend County, Texas, Unlimited Tax RoadBonds, Series 200 I authorized in this Order, unless the context clearly indicates otherwise.
"Business Day" means any day which is not a Saturday, Sunday, a day on which bankinginstitutions in Dallas, Texas, are authorized by law or executive order to close, or a legal holiday.
"Closing Date" means the date of the initial delivery of and payment for the Bonds.
"Code" means the Internal Revenue Code of 1986, as amended.
"Comptroller" means the Comptroller of Public Accounts of the State of Texas.
"County" means Fort Bend County, Texas.
"DTC" means The Depository Trust Company of New York, New York, or any successorsecurities depository.
"DTC Participant" means brokers and dealers, banks, trust companies, clearingcorporations and certain other organizations on whose behalf DTC was created to hold securitiesto facilitate the clearance and settlement of securities transactions among DTC Participants.
"Initial Bond" means the Initial Bond authorized by Section 6(d).
"Interest and Sinking Fund" means the interest and sinking fund established by theCounty pursuant to Section 20 of this Order.
"Interest Payment Date", when used in connection with any Bond, means September I,2001, and each March I and September I thereafter until maturity or earlier redemption.
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be anationally recognized municipal securities information repository within the meaning of the Rulefrom time to time.
"Order" as used herein and in the Bonds means this order authorizing the Bonds.
"Owner" means any person who shall be the registered owner of any outstanding Bond.
"Purchase Contract" means the contract between the County and the Underwriterdescribed in Section 23 of this Order.
"Record Date" means, for any Interest Payment Date, the close of business on the 15thday of the calendar month next preceding such Interest Payment Date.
"Register" means the books of registration kept by the Registrar in which are maintainedthe names and addresses of and the principal amounts registered to each Owner.
"Registrar" means The Chase Manhattan Bank, and its successors in that capacity.
"Rule" means SEC Rule 15c2-l2, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means the Municipal Advisory Council of Texas, which has been designated bythe State of Texas as, and determined by the SEC staff to be, a state information depositorywithin the meaning of the Rule.
-2-
"Underwriter" means Loop Capital Markets, LLC and Coastal Securities.
3. Authorization. The Bonds shall be issued pursuant to the Act in fully registeredform, without coupons, in the total authorized principal amount of Twenty-Nine Million Dollars$29,000,000) for the purpose of the construction and improvement of transportation projectswithin Fort Bend County including state highways, county roads, bridges and related drainage,and specifically the construction and improvement of roads, bridges and related drainage thatconstitute connecting links and integral parts of county roads and state highways located bothwithin Fort Bend County and also within the corporate limits of the cities of Sugar Land, Texas,Missouri City, Texas, Stafford, Texas, Richmond, Texas, Rosenberg, Texas, and Houston,Texas, and for preliminary engineering studies, including route alignment, trat1ic and revenuestudies and right of way acquisition for the Westpark corridor from Fml464 to State Highway 99and the Fort Bend Parkway from State Highway 6 to proposed State Highway 99.
4. Designation, Date, and Interest Payment Dates. The Bonds shall be designated asthe "FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES 2001",and shall be dated April 1, 2001. The Bonds shall bear interest at the rates set out in Section 5 ofthis Order, from the later of April 1, 2001, or the most recent Interest Payment Date to whichinterest has been paid or duly provided for, calculated on the basis of a 360 day year of twelve 30day months.
5. Initial Bonds; Numbers and Denominations. The Bonds shall be issued in theprincipal amounts and bearing interest at the rates set forth in the following schedule, and may betransferred and exchanged as set out in this Order. The Bonds shall mature on March 1 in eachof the years and in the amounts set out in such schedule. The Initial Bond shall be numbered I-Iand all other Bonds shall be numbered in sequence beginning with R-I Bonds delivered ontransfer of or in exchange for other Bonds shall be numbered in order of their authentication bythe Registrar, shall be in the denomination of $5,000 or integral multiples thereof, and shallmature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of whichthey are delivered.
6. Execution and Registration of Bonds. (a) The Bonds shall be signed by theCounty Judge, countersigned by the County Clerk, and registered by the County Treasurer bytheir manual, lithographed, or facsimile signatures, and the official seal of the CommissionersCourt shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bondsshall have the same effect as if each of the Bonds had been signed manually and in person byeach of said officers, and such facsimile seal on the Bonds shall have the same effect as if theofficial seal of the County had been manually impressed upon each of the Bonds.
(b) If any officer of the County whose manual or facsimile signature shall appear onthe Bonds shall cease to be such officer before the authentication of such Bonds or before thedelivery of such Bonds, such manual or facsimile signature shall nevertheless be valid andsufficient for all purposes as if such officer had remained in such office.
(c) Except as provided below, no Bond shall be valid or obligatory for any purpose orbe entitled to any security or benefit of this Order unless and until there appears thereon theRegistrar's Authentication Certificate substantially in the form provided herein, dulyauthenticated by manual execution by an officer or duly authorized signatory of the Registrar. Inlieu of the executed Registrar's Authentication Certificate described above, the Initial Bonddelivered at the Closing Date shall have attached hereto the Comptroller's RegistrationCertificate substantially in the form provided herein, manually executed by the Comptroller, orby his duly authorized agent, which certificate shall be evidence that the Initial Bond has beenduly approved by the Attorney General of the State of Texas and that it is a valid and bindingobligation of the County, and has been registered by the Comptroller.
(d) On the Closing Date, the Initial Bond, being a single bond representing the entireprincipal amount of the Bonds, payable in stated installments to the Underwriter or its designee,executed by manual or facsimile signature of the County Judge, County Clerk and CountyTreasurer, approved by the Attorney General, and registered and manually signed by theComptroller, shall be delivered to the Underwriter or its designee. Upon payment for the InitialBond, the Registrar shall cancel the Initial Bond and deliver definitive Bonds to the Registrar.
7. Payment of Principal and Interest. The Registrar is hereby appointed as thepaying agent for the Bonds. The principal of the Bonds shall be payable, without exchange orcollection charges, in any coin or currency of the United States of America which, on the date ofpayment, is legal tender for the payment of debts due the United States of America, upon theirpresentation and surrender as they become due and payable, whether at maturity or by prior
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redemption, at the principal payment office of the Registrar in Dallas, Texas. The interest oneach Bond shall be payable by check payable on the Interest Payment Date, mailed by theRegistrar on or before each Interest Payment Date to the Owner of record as of the Record Date,to the address of such Owner as shown on the Register.
If the date for payment of the principal of or interest on any Bond is not a Business Day,then the date for such payment shall be the next succeeding Business Day, with the same forceand effect as if made on the original date payment was due.
8. Successor Registrars. The County covenants that at all times while any Bonds areoutstanding it will provide a commercial bank or trust company, organized under the laws of theUnited States or any state and authorized to serve as and perform the duties and services ofRegistrar for the Bonds. The County reserves the right to change the Registrar on not less than60 days written notice to the Registrar, so long as any such notice is effective not less than 60days prior to the next succeeding principal or interest payment date on the Bonds. Promptlyupon the appointment of any successor Registrar, the previous Registrar shall deliver theRegister or copies thereof to the new Registrar, and the new Registrar shall notifY each Owner,by United States mail, first class postage prepaid, of such change and of the address of the newRegistrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreedto the provisions of this Section.
9. Special Record Date. If interest on any Bond is not paid on any Interest PaymentDate and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a newrecord date for the payment of such interest, to be known as a Special Record Date. TheRegistrar shall establish a Special Record Date when funds to make such interest payment arereceived from or on behalf of the County. Such Special Record Date shall be fifteen (15) daysprior to the date fixed for payment of such past due interest, and notice of the date of paymentand the Special Record Date shall be sent by United States mail, first class postage prepaid, notlater than five (5) days prior to the Special Record Date, to each affected Owner of record as ofthe close of business on the day prior to the mailing of such notice.
10. Book-Entry Only System. (a) The Initial Bond shall be registered in the name ofLoop Capital Markets, LLC. Except as provided in Section II hereof, all other Bonds shall beregistered in the name of Cede & Co., as nominee ofDTC.
(b) With respect to Bonds registered in the name of Cede & Co., as nominee ofDTC,the County and the Registrar shall have no responsibility or obligation to any DTC Participant orto any person on behalf of whom such DTC Participant holds an interest in the Bonds, except asprovided in this Order. Without limiting the immediately preceding sentence, the County and theRegistrar shall have no responsibility or obligation with respect to (i) the accuracy of the recordsof DTe, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds,(ii) the delivery to any DTC Participant or any other person, other than an Owner, as shown onthe Register, of any notice with respect to the Bonds, including any notice ofredemption, or (iii)the payment to any DTC Participant or any other person, other than an Owner, as shown on theRegister, of any amount with respect to principal of, premium, if any, or interest on the Bonds.Notwithstanding any other provision of this Order to the contrary, the County and the Registrar
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shall be entitled to treat and consider the person in whose name each Bond is registered in theRegister as the absolute Owner of such Bond for the purpose of payment of principal of andinterest on the Bonds, for the purpose of giving notices of redemption and other matters withrespect to such Bond, for the purpose of registering transfer with respect to such Bond, and forall other purposes whatsoever. The Registrar shall pay all principal of, premium, if any, andinterest on the Bonds only to or upon the order of the respective Owners, as shown in theRegister as provided in this Order, or their respective attorneys duly authorized in writing, andall such payments shall be valid and effective to fully satisfy and discharge the County'sobligations with respect to payments of principal, premium, if any, and interest on the Bonds tothe extent of the sum or sums so paid. No person other than an Owner, as shown in the Register,shall receive a Bond certificate evidencing the obligation of the County to make payments ofamounts due pursuant to this Order. Upon delivery by DTC to the Registrar of written notice tothe effect that DTC has determined to substitute a new nominee in place of Cede & Co., andsubject to the provisions of this Order with respect to interest checks being mailed to the Ownerof record as of the Record Date, the phrase "Cede & Co." in this Order shall refer to such newnominee of DTe.
(c) The execution and delivery of the Blanket Issuer Letter of Representations ishereby approved with such changes as may be approved by the Commissioners Court and theCounty Auditor is hereby authorized and directed to execute such Blanket Issuer Letter ofRepresentations.
II. Successor Securities Depository; Transfer Outside Book-Entry Only System. Inthe event that the County, in its sole discretion, determines that the beneficial owners of theBonds shall be able to obtain certificated Bonds, or in the event DTC discontinues the servicesdescribed herein, the County shall (i) appoint a successor securities depository, qualified to act assuch under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTCand DTC Participants, as identified by DTC, of the appointment of such successor securitiesdepository and transfer one or more separate Bonds to such successor securities depository or (ii)notify DTC and DTC Participants, as identified by DTC, of the availability through DTC ofBonds and transfer one or more separate Bonds to DTC Participants having Bonds credited totheir DTC accounts, as identified by DTC. In such event, the Bonds shall no longer be restrictedto being registered in the Register in the name of Cede & Co., as nominee of DTC, but may beregistered in the name of the successor securities depository, or its nominee, or in whatever nameor names Owners transferring or exchanging Bonds shall designate, in accordance with theprovisions of this Order.
12. Payments to Cede & Co. Notwithstanding any other provision of this Order to thecontrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, allpayments with respect to principal of, premium, if any, and interest on such Bonds, and allnotices with respect to such Bonds, shall be made and given, respectively, in the mannerprovided in the Blanket Letter of Representations.
13. Ownership; Unclaimed Principal and Interest. The County, the Registrar and anyother person may treat the person in whose name any Bond is registered as the absolute Ownerof such Bond for the purpose of making payment of principal or interest on such Bond, and for
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all other purposes, whether or not such Bond is overdue, and neither the County nor the Registrarshall be bound by any notice or knowledge to the contrary. All payments made to the persondeemed to be the Owner of any Bond in accordance with this Section shall be valid and effectualand shall discharge the liability of the County and the Registrar upon such Bond to the extent ofthe sums paid.
Amounts held by the Registrar which represent principal of and interest on the Bondsremaining unclaimed by the Owner after the expiration of three years from the date suchamounts have become due and payable shall be reported and disposed of by the Registrar inaccordance with the applicable provisions of Texas law including, to the extent applicable, Title6 of the Texas Property Code, as amended.
14. Registration, Transfer, and Exchange. So long as any Bonds remain outstanding,the Registrar shall keep the Register at the principal payment office of the Registrar in Dallas,Texas, and, subject to such reasonable regulations as it may prescribe, the Registrar shall providefor the registration and transfer of Bonds in accordance with the terms of this Order.
Each Bond shall be transferable only upon the presentation and surrender thereof at theprincipal payment office of the Registrar in Dallas, Texas, duly endorsed for transfer, oraccompanied by an assigmnent duly executed by the registered Owner or his authorizedrepresentative in form satisfactory to the Registrar. Upon due presentation of any Bond fortransfer, the Registrar shall authenticate and deliver in exchange therefor, within three (3)Business Days after such presentation, a new Bond or Bonds, registered in the name of thetransferee or transferees, in authorized denominations and of the same maturity and aggregateprincipal amount and bearing interest at the same rate as the Bond or Bonds so presented.
All Bonds shall be exchangeable upon presentation and surrender thereof at the principaloffice of the Registrar for a Bond or Bonds of the same maturity and interest rate and in anyauthorized denomination, in an aggregate principal amount equal to the unpaid principal amountof the Bond or Bonds presented for exchange. The Registrar shall be and is hereby authorized toauthenticate and deliver exchange Bonds in accordance with the provisions of this Section. EachBond delivered in accordance with this Section shall be entitled to the benefits and security ofthis Order to the same extent as the Bond or Bonds in lieu of which such Bond is delivered.
The County or the Registrar may require the Owner of any Bond to pay a sum sufficientto cover any tax or other govermnental charge that may be imposed in connection with thetransfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer orexchange shall be paid by the County.
15. Mutilated, Lost, or Stolen Bonds. Upon the presentation and surrender to theRegistrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor areplacement Bond of like maturity, interest rate and principal amount, bearing a number notcontemporaneously outstanding. If any Bond is lost, apparently destroyed, or wrongfully taken,the County, pursuant to the applicable laws of the State of Texas and in the absence of notice orknowledge that such Bond has been acquired by a bona fide purchaser, shall authorize and the
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Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate andprincipal amount, bearing a number not contemporaneously outstanding.
The County or the Registrar may require the Owner of a mutilated Bond to pay a sumsufficient to cover any tax or other governmental charge that may be imposed in connectiontherewith and any other expenses connected therewith, including the fees and expenses of theRegistrar.
The County or the Registrar may require the Owner of a lost, apparently destroyed orwrongfully taken Bond, before any replacement Bond is issued, to:
(I) furnish to the County and the Registrar satisfactory evidence of theownership of and the circumstances of the loss, destruction or theft of such Bond;
(2) furnish such security or indemnity as may be required by theRegistrar and the County to save them harmless;
(3) pay all expenses and charges in connection therewith, including,but not limited to, printing costs, legal fees, fees of the Registrar and any tax orother governmental charge that may be imposed; and
(4)Registrar.
meet any other reasonable requirements of the County and the
If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieuof which such replacement Bond was issued presents for payment such original Bond, theCounty and the Registrar shall be entitled to recover such replacement Bond from the person towhom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall beentitled to recover upon the security or indemnity provided therefor to the extent of any loss,damage, cost or expense incurred by the County or the Registrar in connection therewith.
If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become oris about to become due and payable, the County in its discretion may, instead of issuing areplacement Bond, authorize the Registrar to pay such Bond.
Each replacement Bond delivered in accordance with this Section shall be entitled to thebenefits and security of this Order to the same extent as the Bond or Bonds in lieu of which suchreplacement Bond is delivered.
16. Cancellation of Bonds. All Bonds paid in accordance with this Order, and allBonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered inaccordance herewith, shall be canceled and destroyed upon the making of proper recordsregarding such payment. The Registrar shall furnish the County with appropriate certificates ofdestruction of such Bonds.
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17. Optional Redemption. The Bonds are subject to optional redemption as set forthin the Form of Bond in this Order.
Principal amounts may be redeemed only in integral multiples of $5,000. If a Bondsubject to redemption is in a denomination larger than $5,000, a portion of such Bond may beredeemed, but only in integral multiples of $5,000. Upon surrender of any Bond for redemptionin part, the Registrar, in accordance with Section 14 hereof, shall authenticate and deliver inexchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principalamount equal to the unredeemed portion of the Bond so surrendered.
Notice of any redemption identifYing the Bonds to be redeemed in whole or in part shallbe given by the Registrar at least thirty days prior to the date fixed for redemption by sendingwritten notice by first class mail to the Owner of each Bond to be redeemed in whole or in part atthe address shown on the Register. Such notices shall state the redemption date, the redemptionprice, the place at which Bonds are to be surrendered for payment and, if less than all Bondsoutstanding of a particular maturity are to be redeemed, the numbers of the Bonds or portionsthereof of such maturity to be redeemed. Any notice given as provided in this Section shall beconclusively presumed to have been duly given, whether or not the Owner receives such notice.By the date fixed for redemption, due provision shall be made with the Registrar for payment ofthe redemption price of the Bonds or portions thereof to be redeemed, plus accrued interest to thedate fixed for redemption. When Bonds have been called for redemption in whole or in part anddue provision has been made to redeem same as herein provided, the Bonds or portions thereofso redeemed shall no longer be regarded as outstanding except for the purpose of receivingpayment solely from the funds so provided for redemption, and the rights of the Owners tocollect interest which would otherwise accrue after the redemption date on any Bond or portionthereof called for redemption shall terminate on the date fixed for redemption.
18. Forms. The form of the Bonds, including the form of the Registrar'sAuthentication Certificate, the form of Registration Certificate of the Comptroller, the form ofAssignment, and the form of Statement of Insurance shall be, respectively, substantially asfollows, with such additions, deletions and variations as may be necessary or desirable and notprohibited by this Order:
(a) Form of Bond.
UNITED STATES OF AMERICASTATE OF TEXAS
COlJNTY OF FORT BEND
REGISTEREDDENOMINATION
$-----
REGISTEREDNUMBER
FORT BEND COUNTY, TEXASUNLIMITED TAX ROAD BOND
SERIES 2001
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INTEREST RATE: MATURITY DATE:March 1,20_
ISSUE DATE:April 1,2001
CUSIP:
REGISTERED OWNER:
PRINCIP AL AMOUNT: DOLLARS
Fort Bend County, Texas (the "County"), promises to pay to the registered owneridentified above, or registered assigns, on the maturity date specified above, upon presentationand surrender of this Bond at The Chase Manhattan Bank (the "Registrar"), at its principalpayment office in Dallas, Texas, the principal amount identified above, payable in any coin orcurrency of the United States of America which on the date of payment of such principal is legaltender for the payment of debts due the United States of America, and to pay interest thereon atthe rate shown above, calculated on the basis of a 360 day year of twelve 30 day months, fromthe later of April I, 200 I, or the most recent interest payment date to which interest has beenpaid or duly provided for. Interest on this Bond is payable by check on September I, 2001, andsemiannually thereafter on each March I and September I, mailed to the registered owner asshown on the books of registration kept by the Registrar as of the close of business on the 15thday of the calendar month next preceding each interest payment date.
THIS BOND is one of a duly authorized issue of Bonds, aggregating $29,000,000 (the"Bonds"), issued for the purpose of the construction, purchase, maintenance, and operation ofmacadamized, graveled and paved roads and turnpikes, and the aid therefor, issued under Section52, Article III, Texas Constitution, and laws enacted under the Constitution, by the authority ofan election held for and within the County on November 7, 2000, and pursuant to an orderadopted by the Commissioners Court (the "Order"), which Order is of record in the officialminutes of the Commissioners Court.
THE COUNTY RESERVES THE RIGHT to redeem the Bonds scheduled to mature onor after March I, 2011, prior to maturity, in whole or from time to time in part, in integralmultiples of $5,000, on March 1, 20 I 0, or any date thereafter at a price of par plus accruedinterest on the principal amounts called for redemption to the date fixed for redemption.Reference is made to the Order for complete details concerning the manner of redeeming theBonds.
NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior to thedate fixed for redemption by first class mail, addressed to the registered owners of each Bond tobe redeemed in whole or in part at the address shown on the books of registration kept by theRegistrar. When Bonds or portions thereof have been called tor redemption, and due provisionhas been made to redeem the same, the amounts so redeemed shall be payable solely from thefunds provided for redemption, and interest which would otherwise accrue on the amounts calledfor redemption shall terminate on the date fixed for redemption.
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THIS BOND is transferable only upon presentation and surrender at the principalpayment office of the Registrar in Dallas, Texas, duly endorsed for transfer or accompanied byan assignment duly executed by the registered owner or his authorized representative, subject tothe terms and conditions of the Order.
THE BONDS are exchangeable at the principal payment office of the Registrar in Dallas,Texas, for Bonds in the principal amount of $5,000 or any integral multiple thereof, subject tothe terms and conditions of the Order.
THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefitunder the Order unless this Bond is either (i) registered by the Comptroller of Public Accounts ofthe State of Texas by registration certificate attached or affixed hereto or (ii) authenticated by theRegistrar by due execution of the authentication certificate endorsed hereon.
THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges andagrees to be bound by all the terms and conditions of the Order.
THE COUNTY has covenanted in the Order that it will at all times provide a legallyqualified registrar for the Bonds and will cause notice of any change of registrar to be mailed toeach registered owner.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validlyissued and delivered; that all acts, conditions and things required or proper to be performed, toexist and to be done precedent to or in the issuance and delivery of this Bond have beenperformed, exist and have been done in accordance with law; and that annual ad valorem taxes,without legal limit as to rate or amount, sufficient to provide for the payment of the interest onand principal of this Bond, as such interest comes due and such principal matures, have beenlevied and ordered to be levied against all taxable property in the County.
IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimilesignature of the County Judge, countersigned with the manual or facsimile signature of theCounty Clerk, registered by the manual or facsimile signature of the County Treasurer, and theofficial seal of the County has been duly impressed, or placed in facsimile, on this Bond.
(AUTHENTICATION CERTIFICATE (SEAL)County Judge
COUNTERSIGNED: REGISTERED:
County Clerk County Treasurer
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(b) Form of Registration Certificate of Comptroller.
I hereby certify that this Bond has been examined, certified as to validity, and approvedby the Attorney General of the State of Texas, and that this Bond has been registered by theComptroller of Public Accounts of the State of Texas.
WITNESS MY SIGNATURE AND SEAL this '
(SEAL)
(c)
Comptroller of Public Accountsof the State of Texas
Form of Registrar's Authentication Certificate.
AUTHENTICATION CERTIFICATEIt is hereby certified that this Bond has been delivered pursuant tothe Order described in the text of this Bond.
The Chase Manhattan BankAs Paying Agent/Registrar
By ~-----,------,-::-:--------Authorized SignatureDate of Authentication _
(d) Form of Assignment.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns, and transfers unto
(Please print or type name, address, and zip code of Transferee)
(Please insert Social Security or Taxpayer Identification Number of Transferee)the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints:::---;----:----:---;~----:---:--_:___;-__;___c::;__;;_;::__--_;;__:_ attorney to transfer saidBond on the books kept for registration thereof, with full power of substitution in the premises.
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DATED:
Signature Guaranteed:Registered OwnerNOTICE: The signature above mustcorrespond to the name of the registeredowner as shown on the face of thisBond in every particular, withoutany alteration, enlargement or changewhatsoever.
NOTICE: Signature must beguaranteed by a member firm of theNew York Stock Exchange or acommercial bank or trust company.
(e) Form of Statement ofInsurance.
STATEMENT OF INSURANCE
Financial Guaranty Insurance Company ("Financial Guaranty") has issued a policy containingthe following provisions with respect to Fort Bend County, Texas, Unlimited Tax Road Bonds,Series 2001 (the "Bonds"), such policy being on file at the principal office of the Paying Agent(the "Paying Agent"): The Chase Manhattan Bank, Houston, Texas.
Financial Guaranty hereby unconditionally and irrevocably agrees to pay for disbursement to theBondholders that portion of the principal of and interest on the Bonds which is then due forpayment and which the issuer of the Bonds (the "Issuer") shall have failed to provide. Due forpayment means, with respect to principal, the stated maturity date thereof, or the date on whichthe same shall have been duly called for mandatory sinking fund redemption and does not referto any earlier date on which the payment of principal of the Bonds is due by reason of call forredemption (other than mandatory sinking fund redemption), acceleration or other advancementof maturity, and with respect to interest, the stated date for payment of such interest.
Upon receipt of telephonic or telegraphic notice, subsequently confirmed in writing, or writtennotice by registered or certified mail, from a Bondholder or the Paying Agent to FinancialGuaranty that the required payment of principal or interest has not been made by the Issuer to thePaying Agent, Financial Guaranty on the due date of such payment or within one business dayafter receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in anaccount with State Street Bank and Trust Company, N.A., or its successor as its agent (the"Fiscal Agent"), sufficient to make the portion of such payment not paid by the Issuer. Uponpresentation to the Fiscal Agent of evidence satisfactory to it of the Bondholder's right to receivesuch payment and any appropriate instruments of assignment required to vest all of suchBondholder's right to such payment in Financial Guaranty, the Fiscal Agent will disburse suchamount to the Bondholder.
As used herein the term "Bondholder" means the person other than the Issuer or the borrower(s)of bond proceeds who at the time of nonpayment of a Bond is entitled under the terms of suchBond to payment thereof.
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The policy is non-cancellable for any reason.
FINANCIAL GUARANTY INSURANCE COMPANY
(f) The Initial Bond shall be in the form set forth in paragraphs (a), (b), (d) and (e) ofthis Section, except for the following alterations:
(i) immediately under the name of the Bond, the headings"INTEREST RATE" and "MATURITY DATE" shall both becompleted with the words "As Shown Below" and the word"CUSIP" deleted;
(ii) in the first paragraph of the Bond, the words "on the maturitydate specified above" and "at the rate shown above" shall bedeleted and the following shall be inserted at the end of the firstsentence "..., with such principal to be paid in installments onMarch I in each of the years and in the principal amountsidentified in the following schedule and with such installmentsbearing interest at the per annum rates set forth in the followingschedule:
[Information to be inserted from schedule in Section 5]
(iii) the Initial Bond shall be numbered I-I.
19. Legal Opinion; Cusip Numbers; Bond Insurance. The approving opmlOn ofVinson & Elkins L.L.P., Houston, Texas, and CUSIP Numbers may be printed on the Bonds, buterrors or omissions in the printing of such opinion or such numbers shall have no effect on thevalidity of the Bonds.
The purchase of and payment of the premium for municipal bond insurance by theCounty, in accordance with the terms of a commitment for such insurance presented to andhereby approved by the Commissioners Court is hereby authorized. All officials andrepresentatives of the County are authorized and directed to execute such documents and to doany and all things necessary or desirable to obtain such insurance, and the printing on the Bondsof an appropriate legend regarding such insurance is hereby approved.
20. Interest and Sinking Fund; Tax Levy. The proceeds from all taxes levied, assessedand collected for and on account of the Bonds authorized by this Order shall be deposited, ascollected, in a special fund to be designated "Fort Bend County, Texas, Unlimited Tax RoadBonds, Series 2001 Interest and Sinking Fund". While the Bonds or any part of the principalthereof or interest thereon remain outstanding and unpaid, there is hereby levied and there shallbe annually levied, assessed and collected in due time, form and manner, and at the same timeother County taxes are levied, assessed and collected, in each year, a continuing direct annual advalorem tax, without legal limit as to rate or amount, upon all taxable property in the Countysufficient to pay the current interest on the Bonds as the same becomes due, and to provide and
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maintain a sinking fund adequate to pay the principal of the Bonds as such principal matures, butnever less than two percent (2%) of the original principal amount of the Bonds each year, fullallowance being made for delinquencies and costs of collection, and such taxes when collectedshall be applied to the payment of the interest on and principal of the Bonds and to no otherpurpose.
To pay the debt service coming due on the Bonds prior to receipt of the taxes levied topay such debt service, there is hereby appropriated from current funds on hand, which are herebycertified to be on hand and available for such purpose, an amount sufficient to pay such debtservice, and such amount shall be used for no other purpose.
The Commissioners Court intends to adopt an Order Levying Taxes for the benefit of theBonds authorized in this Order at their regular meeting on Tuesday, April 3, 2001.
21. Further Proceedings. After the Bonds to be initially issued shall have beenexecuted, it shall be the duty of the County Judge and other appropriate officials and agents ofthe County to deliver the Bonds to be initially issued and all pertinent records and proceedings tothe Attorney General of the State of Texas, for examination and approval. After the Bonds to beinitially issued shall have been approved by the Attorney General, they shall be delivered to theComptroller for registration. Upon registration of the Bonds to be initially issued, theComptroller (or the Comptroller's bond clerk or an assistant bond clerk lawfully designated inwriting to act for the Comptroller) shall manually sign the Comptroller's Registration Certificateprescribed herein and the seal of said Comptroller shall be impressed, or placed in facsimile,thereon.
22. Sale; Purchase Contract. The Bonds are hereby sold and shall be delivered to theUnderwriter at a price of $28,798,374.00, plus accrued interest to the date of delivery, inaccordance with the terms of the Purchase Contract of even date herewith, presented to andhereby approved by the Commissioners Court, which price and terms are hereby found anddetermined to be the most advantageous reasonably obtainable by the County. The CountyJudge and other appropriate officials of the County are hereby authorized and directed to executethe Purchase Contract on behalf of the County, and the County Judge and all other officers,agents and representatives of the County are hereby authorized to do any and all things necessaryor desirable to satisfy the conditions set out therein and to provide for the issuance and deliveryof the Bonds.
23. Federal Income Tax Inclusion.
(a) General Tax Covenant. The County intends that the interest on the Bonds shall beexcludable from gross income for purposes of federal income taxation pursuant to sections 103and 141 through ISO of the Intemal Revenue Code of 1986, as amended (the "Code), andapplicable Income Tax Regulations (the "Regulations"). The County covenants and agrees not totake any action, or knowingly omit to take any action within its control that. if taken or omitted,respectively, would cause the interest on the Bonds to be includable in gross income, as definedin section 61 of the Code, for federal income tax purposes. In particular, the County covenantsand agrees to comply with each requirement of this Section; provided, however, that the County
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shall not be required to comply with any particular requirement of this Section if the County hasreceived an opinion of nationally recognized bond counsel ("Counsel's Opinion") that suchnoncompliance will not adversely affect the exclusion from gross income for federal income taxpurposes of interest on the Bonds or if the County has received a Counsel's Opinion to the effectthat compliance with some other requirement set forth in this Section will satisfYthe applicablerequirements of the Code and Regulations, in which case compliance with such otherrequirement specified in such Counsel's Opinion shall constitute compliance with thecorresponding requirement specified in this Section.
(b) No Private Use or Payment and No Private Loan Financing. The County shallcertifY,through an authorized officer, employee or agent that based upon all facts and estimatesknown or reasonably expected to be in existence on the date the Bonds are delivered, that theproceeds of the Bonds will not be used in a manner that would cause the Bonds to be "privateactivity bonds" within the meaning of section 141 of the Code and the Regulations promulgatedthereunder. Moreover, the County covenants and agrees that it will make such use of theproceeds of the Bonds including interest or other investment income derived from Bondproceeds, regulate the use of property financed, directly or indirectly, with such proceeds, andtake such other and further action as may be required so that the Bonds will not be "privateactivity bonds" within the meaning of section 141 of the Code and the Regulations promulgatedthereunder.
(c) No Federal Guarantee. The County covenants and agrees not to take any action,or knowingly omit to take any action within its control, that, if taken or omitted, respectively,would cause the Bonds to be "federally guaranteed" within the meaning of section 149(b) of theCode and the applicable Regulations thereunder, except as permitted by section 149(b)(3) of theCode and such Regulations.
(d) No Hedge Bonds. The County covenants and agrees that it has not and will not totake any action, and has not knowingly omitted and will not knowingly omit to take any action,within its control, that, if taken or omitted, respectively, would cause the Bonds to be "hedge.bonds" within the meaning of section 149(g) of the Code and the applicable Regulationsthereunder.
(e) No Arbitrage. The County shall certifY,through an authorized officer, employeeor agent that based upon all facts and estimates known or reasonably expected to be in existenceon the date the Bonds are delivered, the County will reasonably expect that the proceeds of theBonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" withinthe meaning of section 148(a) of the Code and the applicable Regulations promulgatedthereunder. Moreover, the County covenants and agrees that it will make such use of theproceeds of the Bonds including interest or other investment income derived from Bondproceeds, regulate investments of proceeds of the Bonds, and take such other and further actionas may be required so that the Bonds will not be "arbitragebonds" within the meaning of section148(a) of the Code and the applicable Regulations promulgated thereunder.
(t) Arbitrage Rebate. If the County does not qualifY for an exception to therequirements of section 148(t) of the Code relating to the required rebate to the United States, the
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County will take all necessary steps to comply with the requirement that certain amounts earnedby the County on the investment of the "gross proceeds" of the Bonds (within the meaning ofsection 148(£)(6)(B)of the Code), be rebated to the federal government. Specifically, the Countywill (i) maintain records regarding the investment of the gross proceeds of the Bonds as may berequired to calculate the amount earned on the investment of the gross proceeds of the Bondsseparately from records of amounts on deposit in the funds and accounts of the County allocableto other bond issues of the County or moneys which do not represent gross proceeds of anybonds of the County, (ii) calculate at such times as are required by applicable Regulations, theamount earned from the investment of the gross proceeds of the Bonds which is required to berebated to the federal government, and (iii) pay, not less often than every fifth anniversary dateof the delivery of the Bonds or on such other dates as may be permitted under applicableRegulations, all amounts required to be rebated to the federal government. Further, the Countywill not indirectly pay any amount otherwise payable to the federal government pursuant to theforegoing requirements to any person other than the federal government by entering into anyinvestment arrangement with respect to the gross proceeds of the Bonds that might result in areduction in the amount required to be paid to the federal government because such arrangementresults in a smaller profit or a larger loss than would have resulted if the arrangement had been atarm's length and had the yield on the issue not been relevant to either party.
(g) Information Reporting. The County covenants and agrees to file or cause to befiled with the Secretary of the Treasury, not later than the 15thday of the second calendar monthafter the close of the calendar quarter in which the Bonds are issued, an information statementconcerning the Bonds, all under and in accordance with section 149(e) of the Code and theapplicable Regulations promulgated thereunder.
(h) Continuing Obligation. Notwithstanding any other provision of this Order, theCounty's obligations under the covenants and provisions of this Section shall survive thedefeasance and discharge of the Bonds.
24. Books and Records. So long as any of the Bonds are outstanding the Countycovenants and agrees that it will keep proper books of record and account in which full, true andcorrect entries will be made of all transactions relating to the Bonds and the funds createdpursuant to this Order, and all books, documents and vouchers relating thereto shall at allreasonable times be made available for inspection upon request of any Owner.
25. Use of Proceeds. Accrued interest and any premium on the Bonds will bedeposited into the Interest and Sinking Fund. The remaining proceeds of sale of the Bonds,together with investment earnings of such proceeds, shall be used for the purposes set out inSection 3 of this Order, with any remainder being deposited into the Interest and Sinking Fund.
26. Official Statement. The Commissioners Court ratifies and confirms its priorapproval of the form and content of the Official Statement prepared in the initial offering andsale of the Bonds and hereby authorizes the preparation of a final Official Statement reflectingthe terms of the Underwriter's bid and other relevant information. The use of such OfficialStatement in the reoffering of the Bonds by the Underwriter is hereby approved and authorized.
-17-
27. Continuing Disclosure Undertaking. (a) Annual Reports. The County shallprovide annually to each NRMSIR and the SID, within six months after the end of each fiscalyear, financial information and operating data with respect to the County of the general typeincluded in the final Official Statement authorized by Section 26 of this Order under Tablesnumbered 1 through 7 and 9 through 15 and in Appendix B. The information to be provided willinclude audited financial statements, if the County commissions an audit and it is completed bythe required time. If audited financial statements are not available by the required time, theCounty will provide unaudited financial statements at the required time and audited financialstatements when and if they become available. Any financial statements so to be provided shallbe prepared in accordance with the accounting principles described in Appendix B to the OfficialStatement, or such other accounting principles as the County may be required to employ fromtime to time pursuant to State law or regulation.
If the County changes its fiscal year, it will notify each NRMSIR and the SID of thechange (and of the date of the new fiscal year end) prior to the next date by which the Countyotherwise would be required to provide financial information and operating data pursuant to thisSection.
The financial information and operating data to be provided pursuant to this Section maybe set forth in full in one or more documents or may be included by specific reference to anydocument (including an official statement or other offering document, if it is available from theMSRB) that theretofore has been provided to each NRMSIR and the SID or filed with the SEe.
(b) Material Event Notices. The County shall notify the SID and either eachNRMSIR or the MSRB, in a timely manner, of any of the following events with respect to theBonds, if such event is material within the meaning of the federal securities laws:
A. Principal and interest payment delinquencies;B. Non-payment related defaults;C. Unscheduled draws on debt service reserves reflecting financial
difficulties;D. Unscheduled draws on credit enhancements reflecting financial
difficulties;E. Substitution of credit or liquidity providers, or their failure to
perform;F. Adverse tax opinions or events affecting the tax-exempt status of
the Bonds;G. Modifications to rights of holders of the Bonds;H. Bond calls;I. Defeasances;J. Release, substitution, or sale of property securing repayment of the
Bonds; andK. Rating changes.
-18-
The County shall notify the SID and either each NRMSIR or the MSRB, in a timelymanner, of any failure by the County to provide financial information or operating data inaccordance with Section 27(a) of this Order by the time required by such Section.
(c) Limitations, Disclaimers, and Amendments. The County shall be obligated toobserve and perform the covenants specified in this Section for so long as, but only for so longas, the County remains an "obligated person" with respect to the Bonds within the meaning ofthe Rule, except that the County in any event will give notice of any deposit made in accordancewith Texas law that causes Bonds no longer to be outstanding.
The provisions of this Section are for the sole benefit of the holders and beneficialowners of the Bonds, and nothing in this Section, express or implied, shall give any benefit orany legal or equitable right, remedy, or claim hereunder to any other person. The Countyundertakes to provide only the financial information, operating data, financial statements, andnotices which it has expressly agreed to provide pursuant to this Section and does not herebyundertake to provide any other information that may be relevant or material to a completepresentation of the County's financial results, condition, or prospects or hereby undertake toupdate any information provided in accordance with this Section or otherwise, except asexpressly provided herein. The County does not make any representation or warrantyconcerning such information or its usefulness to a decision to invest in or sell Bonds at anyfuture date.
UNDER NO CIRCUMSTANCES SHALL THE COUNTY BE LIABLE TO THEHOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, INCONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN. PART FROMANY BREACH BY THE COUNTY, WHETHER NEGLIGENT OR WITHOUT FAULT ONITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHTAND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ONACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FORMANDAMUS OR SPECIFIC PERFORJ.\JIANCE.
No default by the County in observing or performing its obligations under this Sectionshall comprise a breach of or default under this Order for purposes of any other provision of thisOrder.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit theduties of the County under federal and state securities laws.
The provisions of this Section may be amended by the County from time to time to adaptto changed circumstances that arise from a change in legal requirements, change in law, orchange in the identity, nature, status or type of operations of the County, if (i) the agreement, asamended, would have permitted an underwriter to purchase or sell Bonds in the original primaryoffering in compliance with the Rule, taking into account any amendments or interpretations ofthe Rule to the date of such amendment, as well as such changed circumstances, and (ii) either(a) the holders of a majority in aggregate principal amount of the outstanding Bonds consent tosuch amendment, or (b) any person unaffiliated with the County (such as nationally recognized
-19-
bond counsel), determines that the amendment will not materially impair the interests of theholders and beneficial owners of the Bonds. The County may also amend or repeal theprovisions of this continuing disclosure agreement if the SEC amends or repeals the applicableprovisions of the Rule or a court of final jurisdiction enters judgment that such provisions of theRule are invalid, but only if and to the extent that the provisions of this sentence would notprevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of theBonds. If any such amendment is made, the County will include in its next annual update anexplanation in narrative form of the reasons for the amendment and its impact on the type ofoperating data or financial information being provided.
28. Registrar. The form of agreement setting forth the duties of the Registrar ishereby approved, and the appropriate officials of the County are hereby authorized to executesuch agreement for and on behalf of the County.
29. No Personal Liability. No recourse shall be had for payment of the principal of orinterest on any Bonds or for any claim based thereon, or on this Order, against any official oremployee of the County or any person executing any Bonds.
30. Open Meeting. The meeting at which this Order is adopted was open to thepublic, and public notice of the time, place and purpose of said meeting was given, all asrequired by the Texas Open Meetings Act; and such notice as given is hereby authorized,approved, adopted and ratified.
-20-
PASSED AND APPROVED this 29th day of March, 2001.
Commissioner, Precinct No. 1
ATTEST:
(SEAL)
-21-
THIS ORIGINAL DOCUMENT SHOULD BE PLACED IN THEPERMANENT RECORDS OF THE COUNTY.
I Pl:':~r- '·rrl.M 1 0 2001 \
1rJS - ,- -' .1.
NOTICE OF BOND ELECTION
TO THE RESIDENT, QUALIFIED ELECTORS OF FORT BEND COUNTY, TEXAS:
NOTICE IS HEREBY GIVEN that an election will be held in FORT BEND COUNTY,TEXAS, on the 7th day of November, 2000, in accordance with the following order:
ORDER CALLING BOND ELECTION
THE STATE OF TEXAS §COUNTY OF FORT BEND §
WHEREAS, the Commissioners Court of Fort Bend County, Texas (the "County") deemsit advisable to hold an election to ascertain whether the Commissioner's Court shall be authorizedto issue bonds of the County for the purpose hereinafter stated; and
WHEREAS, the Commissioners Court wishes to proceed with the ordering of such election;
THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED BY THECOMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS:
Section I. All of the facts recited in the preamble hereof are hereby found anddetermined to be true and correct.
Section 2. An election shall be held in the County on the 7th day of November, 2000,which is not less than fifteen (15) days nor more than ninety (90) days from the date hereof, in whichall resident, qualified electors of the County shall be entitled to vote. The polls shall be open forvoting at such election from 7:00 a.m. to 7:00 p.m. Voting shall be at the designated polling placesin each of the numbered county precincts heretofore established and described by natural or artificialboundaries or survey lines, and the election shall be conduced at each polling place, respectively,by the officers previously appointed by order of the Commissioners Court. The respective pollingplace for each election precinct is set forth in Exhibit A, attached hereto and made a part hereof forall purposes.
Section 3. At the election the following PROPOSITIONS shall be submitted inaccordance with law:
PROPOSITION ONE
IN ORDER TO IMPROVE MOBILITY IN FORT BEND COUNTY, SHALL THECOMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS, BEAUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THEBONDS OR OTHER OBLIGATIONS OF THE COUNTY OR, THROUGHAGREEMENT WITH A MUNICIPALITY, POLITICAL SUBDIVISION,AGENCY OF THIS STATE, THE GRAND PARKWAY ASSOCIATION, THEFORT BEND TOLL ROAD AUTHORITY, THE HARRIS COUNTY TOLL ROADAUTHORITY OR OTHER TRANSPORTATION CORPORATION, TO SUPPORTTHE ISSUANCE AND SALE AT ANY PRICE OR PRICES THE BONDS OROTHER OBLIGATIONS OF SUCH ENTITY, IN THE AMOUNT OF $140,000,000MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIRDATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES,NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER
Houston, 298949 _S2
AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THEDISCRETION OF THE COMMISSIONERS COURT AT THE TIME OFISSUANCE, FOR THE PURPOSE OF PAYING THE COSTS OFCONSTRUCTION, ACQUISITION OR IMPROVEMENT OF TOLL ROADS (TOBE KNOWN AS THE WESTPARK TOLL ROAD FROM F.M. 1464 TO STATEHIGHWAY 99 AND THE FORT BEND PARKWA Y TOLL ROAD FROM SAMHOUSTON PARKWAY (BELTWAY 8)TO STATE HIGHWAY 6, INCLUDINGWITHOUT LIMITATION ALL OF THE FOLLOWING WHICH ARENECESSARY OR USEFUL IN CONNECTION THEREWITH: CAUSEWAYS,BRIDGES, TUNNELS, TURNPIKES, HIGHWAYS, OR ANY INTERCHANGES.ENTRANCE PLAZAS, TOLL HOUSES, SERVICE STATIONS, APPROACHES,FIXTURES, ACCESSORIES, EQUIPMENT, AND ADMINISTRATION,STORAGE AND ALL OTHER BUILDINGS, TOGETHER WITH ALLPROPERTY RIGHTS, EASEMENTS, AND INTERESTS ACQUIRED INCONNECTION THEREWITH, AND ANY OTHER IMPROVEMENTS,EXTENSIONS AND BETTERMENTS AS MAY NOW BE PERMITTED ANDALL OTHER COSTS RELATED TO SUCH FACILITIES AND SUCH BONDSOR OTHER OBLIGATIONS, AND TO USE FOR SUCH PURPOSES ANYLAND, RIGHTS-OF-WAY, OR OTHER PROPERTY NOW OWNED ORHEREAFTER ACQUIRED BY SAID COUNTY, THE BONDS OR OTHEROBLIGATIONS TO BE SUPPORTED AND SECURED BY, AND PAYABLEFROM, ALL OR ANY PART OF THE REVENUES TO BE DERIVED FROMSUCH FACILITIES AS WELL AS ANY REVENUES TO BE DERIVED FROMTHE COUNTY IN THE AFOREMENTIONED AGREEMENT WITH AMUNICIPALITY, POLITICAL SUBDIVISION, AGENCY OF THIS STATE, THEGRAND PARKWAY ASSOCIATION, THE FORT BEND TOLL ROADAUTHORITY, THE HARRIS COUNTY TOLL ROAD AUTHORITY OR OTHERTRANSPORTATION CORPORATION, SUFFICIENT TO PAY THE INTERESTON SAID BONDS OR OTHER OBLIGATIONS AS IT ACCRUES AND TOCREATE AND PROVIDE A SINKING FUND FOR THE PAYMENT OF THEPRINCIPAL OF SAID BONDS OR OTHER OBLIGATIONS AS IT MATURES,AND TO PAY MAINTENANCE AND OPERATION EXPENSES OF SUCHFACILITIES, WITH THE DUTY IMPOSED ON FORT BEND COUNTY TOOPERATE SUCH FACILITY AND COLLECT TOLLS OR DELEGATE THEOPERATION OF SUCH FACILITY AND THE COLLECTION OF TOLLS, ASLONG AS ANY OF THE BONDS OR OTHER OBLIGATIONS AREOUTSTANDING AND, TO THE EXTENT TOLL ROAD REVENUES ARE NOTSUFFICIENT TO PAY ALL MAINTENANCE AND OPERATION EXPENSESAND PRINCIPAL AND INTEREST ON THE BONDS OR OTHEROBLIGATIONS, TO ANNUALLY LEVY AN AD VALOREM TAX ON ALLTAXABLE PROPERTY IN SAID COUNTY FOR THE PAYMENT OR SUPPORTOF SUCH BONDS OR OTHER OBLIGATIONS; ALL AS AUTHORIZED BYTHE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, INCLUDINGTHE TEXAS TRANSPORTATION CODE?
Houston, 29894 9 _5 3
PROPOSITION TWO
IN ORDER TO IMPROVE MOBILITY IN FORT BEND COUNTY, SHALL THECOMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS, BEAUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THEBONDS OF THE COUNTY IN THE AMOUNT OF $86,000,000 MATURINGSERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE ORDATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TOEXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTERAUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THEDISCRETION OF THE COMMISSIONERS COURT AT THE TIME OFISSUANCE, FOR THE PURPOSE OF THE CONSTRUCTION ANDIMPROVEMENT OF TRANSPORTATION PROJECTS WITHIN FORT BENDCOUNTY INCLUDING STATE HIGHWAYS, COUNTY ROADS, BRIDGESAND RELATED DRAINAGE, AND SPECIFIC ALL Y THE CONSTRUCTIONAND IMPROVEMENT OF ROADS BRIDGES AND RELATED DRAINAGETHAT CONSTITUTE CONNECTING LINKS AND INTEGRAL PARTS OFCOUNTY ROADS AND STATE HIGHWAYS LOCATED BOTH WITHIN FORTBEND COUNTY AND ALSO WITHIN THE CORPORATE LIMITS OF THECITIES OF SUGAR LAND, TEXAS, MISSOURI CITY, TEXAS, STAFFORD,TEXAS, RICHMOND, TEXAS, ROSENBERG, TEXAS, AND HOUSTON,TEXAS, AND FOR PRELIMINARY ENGINEERING STUDIES, INCLUDINGROUTE ALIGNMENT, TRAFFIC AND REVENUE STUDIES AND RIGHT OFWAY ACQUISITION FOR THE WESTPARK CORRIDOR FROM FM1464 TOSTATE IDGHWAY 99 AND THE FORT BEND PARKWAY FROM STATEHIGHWAY 6 TO PROPOSED STATE HIGHWAY 99, AND TO LEVY TAXESUPON ALL TAXABLE PROPERTY WITHIN THE COUNTY ANNUALLYSUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES ANDTO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS ASIT MATURES, AS AUTHORIZED BY THE CONSTITUTION AND LAWS OFTHE STATE OF TEXAS, INCLUDING THE TEXAS TRANSPORTATIONCODE?
Section 4. The Commissioners Court anticipates spending the proceeds from the Roadand Bridge Bonds on the following road and bridge projects:
PROJECT NAME SPECIFICATIONS
Replacement of existing wooden bridges Various locations
West Bellfort Avenue Dairy Ashford to Eldridge
U.S.9OA Overpass at BNSF RR
Independence Boulevard FM 2234 to FM 1092
Houston: 298949.5 4
University Boulevard Commonwealth to U.S. 59
Settegast Road FM 2234 to Fondren Road
West Airport Boulevard Eldridge To Burney Road
Lane Drive U.S. 90A to Avenue "I" (FM 1640)
West Airport Boulevard SH 6 to FM 1464
1093/Westpark Right-of-Way FM 1464 to SH 99
SH6 Spur 58 to North ofUPRR
U.S.90A U.S. 59 to SH 6
U.S. 90A - Gessner Inter GessnerlFM 2234
U.S. Highway 59 SH 6 to SH99
Chimney Rock W. Fuqua to Beltway 6
West Bellfort FM 1876 (Eldridge) to SH 6
Voss Road Burney Road to SH 6
Reading Road (ext.) U.S. 59 to FM 2977
College Street FM 2218 to U.S. 59
FM 1640 FM 762 to College Street
McKeever Road SH 6 to Sienna Parkway
U.S.90A Present Street to e.L.
University Boulevard Commonwealth to F.e. LID 2
Stafford Road Beltway 8 to U.S. 90A
Dulles 90A to Avenue E
SH 99 @ FM 1093 Grade Separation
SH99 @ U.S. 90A Grade Separation
Fifth Street FM 1092 to 2234
SH 122 (Phase 2) SH 6 to SH 99
Houston: 29 Q949. 5 5
Voss Road SH 6 to Old Richmond Road
Avenue E Dulles to FM 1092
FM 1464 FM 1093 to SH 99
Collins Road U.S. 90A to FM 359
FM 1093 SH 99 to FM 723
FM 359 U.S. 90A to Jones Creek
FM 2218 U.S. 59 to FM 1640
Mason Road FM 359 - SH 99
Lamar Drive FM 1640 to FM 2218
Trammel-Fresno Sienna Parkway to SH 6
Bamore Road FM 1640 to U.S. 59
U.S.90A SH 99 to 0.3 miles west of SH 6
Harlem Road U.S. 90A to FM 1093
Staffordshire Road U.S. 90A to FM 2234
Burney Road Voss Road to Florence
Kirkwood Road U.S. 59 to U.S. 90A
Williams Wire/Ransom U.S. 59 to Loop 762
FM723 U.S. 90A to FM 1093
Trammel- Fresno Road SH 122 to FM 521
SH99 U.S. 59 to Brazoria County Line
Westpark FM 1464 to SH 99
Fort Bend Parkway - Segment B SH 6to SH 99
Because many of the listed projects anticipate funding from sources other than the County,and because transportation priorities in the County, construction costs of the projects, and the levelof funding from other sources may change, the Commissioners Court reserves the right to issue theBonds for road and bridge projects not currently included in the projects contained recited above.
Houston; 298949 _5 6
Section 5. Optical-Scan ballots, an electronic voting system, as defined and describedby Title 8, Texas Election Code, shall be used for said election, and the Manager and PresidingJudge of the Central Counting Station may appoint clerks to serve at the Central Counting Station.The official ballot for the election shall be prepared in accordance with the Texas Election Code soas to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS which shallbe set forth on such ballot in substantially the following form:
OFFICIAL BALLOT
PROPOSITION ONE
[ ] FOR ))))------))))
THE SUPPORT OR ISSUANCE BY FORTBEND COUNTY OF TOLL ROAD REVENUEBONDS, IN THE AMOUNT OF $I40,000,000,PAYABLE FROM A PLEDGE OF TOLLREVENUES AND, IF NECESSARY, THELEVY OFT AXES TO REPA YTHE BONDS
[ ] AGAINST
Houston: 298949.5 7
PROPOSITION TWO
[ ] FOR )))------)))
THE ISSUANCE OF FORT BENDCOUNTY GENERAL OBLIGATIONBONDSFOR ROADS AND BRIDGES IN THEAMOUNT OF $86,000,000
[ ] AGAINST
Early voting shall be conducted by Steve Raborn, Elections Administrator, and :
William B. Travis Building30 I Jackson Street, Suite 609
Richmond, TX
is hereby designated as the place for early voting for said election and the address to which earlyballot applications and early ballots voted by mail may be sent.
The early voting clerk shall keep the place for early voting open at the following times on therespective dates shown below:
Monday-FridaySaturdaySundayMonday-Friday
October 23-27October 28October 29October 30-November 3
8:00 a.m. to 5:00 p.m.7:00 a.m. to 7:00 p.m.12:00 p.m. to 5:00 p.m.7:00 a.m. to 7:00 p.m.
Houston: 298949.5 8
In addition, pursuant to Section 85.062, Election Code, early voting by personal appearanceshall be conducted at the following temporary branch offices at the times and on the respective datesshown below:
Missouri City Community Center1522 Texas ParkwayMissouri City, IX
Garcia Middle School18550 Old Richmond Road
Sugar Land, IX
Precinct 4 Office Building8100 FM 359Fulshear, IX
Arcola City Hall13222 Highway 6
Arcola, IX
Monday-FridaySaturdaySundayMonday-Friday
October 23-27October 28October 29October 30-November 3
8:00 a.m. to 5:00 p.m.7:00 a.m. to 7:00 p.m.12:00 p.m. to 5:00 p.m.7:00 a.m. to 7:00 p.m.
Early voting shall also be conducted at the following temporary branch offices at the timesand on the respective dates shown below:
University of Houston at Cinco Ranch4242 South Mason Road
Katy,IX
Chasewood Clubhouse7622 Chasewood Drive
Houston, IX
Meadows Place City HallOne Troyan Drive
Meadows Place, IX
Houston, 298 949.5 9
First Colony Conference Center3232 Austin Parkway
Sugar Land, TX
Needville Road & Bridge Service Center9110 Long Street
Needville, TX
Monday-FridaySaturdaySunday(*)Monday-Friday
October 23-27October 28October 29October 30-November 3
10:00 a.m. to 7:00 p.m.7:00 a.m. to 7:00 p.m.12:00 p.m. to 5:00 p.m.7:00 a.m. to 7:00 p.m.
(*) NOTE - the University of Houston at Cinco Ranch will not be open on Sunday.
Section 6. Notice of such election shall be given by posting a substantial copy of thiselection order, in English and Spanish, on the bulletin board at the County Courthouse used forposting notices of Commissioners Court meetings, and at three other places in the County, not lessthan 21 days prior to the date set for the election; and a substantial copy of this election order, inEnglish and Spanish, also shall be published on the same day in each of two successive weeks in anewspaper of general circulation published in the County, the date of the first publication to be notmore than 30 days and not less than 14 days prior to the date set for the election.
Section 7. In all matters relating to the ordering, giving notice, and holding the election,the County shall comply with the applicable parts of the Texas Election Code, including particularlyChapter 272 of the Texas Election Code pertaining to bilingual requirements and the Federal VotingRights Act of 1965, as amended.
Section 8. It is hereby officially found and determined that notice of the meeting atwhich this order is adopted was given as required by the Texas Open Meetings Act, and that suchmeeting has been open to the public at all times when this order was discussed and acted on.
Section 9. This order shall take effect immediately upon adoption.
Houston: 291!949. 5 10
PASSED AND APPROVED the 19th day of S ember, 2000f'\(;,kC-.
I James C. Adolphus
151 OOl~y
ATTEST:
IS/Dianne~
Courity. Glerk. .... "
·e(COM.CT.SEAL)
Houston: 298949.5 11
THIS ORIGINAL DOCUMENT SHOULD BE PLACED IN THEPERMANENT RECORDS OF THE COUNTY.
ORDER LEVYING TAXES FOR THE PAYMENT OF PRINCIPAL OF ANDINTEREST ON FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROADBONDS, SERIES 2001, NOW IN PROCESS OF ISUSANCE ANDCONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, the Commissioners Court of Fort Bend County, Texas, is in the process ofissuing, the following described bonds:
FORT BEND COUNTY, TEXAS, L'NLIMITED TAX ROAD BONDS, SERIES2001, dated April 1,2001,
and
WHEREAS, this being a regularly scheduled meeting of the Commissioners Court whenat least four members are present, the Commissioners Court wishes to levy taxes for the benefitof the bonds;
THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED BY THECOMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS"
Section 1. This order related to, and is adopted for the benefit of, the FORT BENDCOUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES 2001 (the "Bonds), now inprocess of issuance.
Section 2. The proceeds from all taxes levied, assessed and collected for and onaccount of the Bonds authorized by this Order shall be deposited, as collected, in a special fundto be designated "Fort Bend County, Texas, Unlimited Tax Road Bonds, Series 2001 Interest andSinking Fund". While the Bonds or any part of the principal thereof or interest thereon remainoutstanding and unpaid, there is hereby levied and there shall be annually levied, assessed andcollected in due time, form and manner, and at the same time other County taxes are levied,assessed and collected, in each year, a continuing direct annual ad valorem tax, without legallimit as to rate or amount, upon all taxable property in the County sufficient to pay the currentinterest on the Bonds as the same becomes due, and to provide and maintain a sinking fundadequate to pay the principal of the Bonds as such principal matures, but never less than twopercent (2%) of the original principal amount of the Bonds each year, full allowance being madefor delinquencies and costs of collection, and such taxes when collected shall be applied to thepayment of the interest on and principal of the Bonds and to no other purpose.
To pay the debt service coming due on the Bonds prior to receipt of the taxes levied topay such debt service, there is hereby appropriated from current funds on hand, which are herebycertified to be on hand and available for such purpose, an amount sufficient to pay such debtservice, and such amount shall be used for no other purpose.
PASSED AND APPROVED this 3rd day of April, 2001.
ommisslOner, Precinct No.3
f~ommissioner, Precinct NO.4
ATTEST:
...... ~. ~.,.,;0 . ~Af.h,.~~
.'." :.:.Coiiiity:ierk~
. '
.. (SEAL)
., ... ,'
AS PER ORIGINAL
,~,....,,~'""'1~~~~~,yl:...., "f;W" :..
"""'""1 ~.1~ ". :~.;'":: " ~
, "
i j,FORT BEND COUNTY, TEXAS
, ,
,', $29,000,000., ,,' • , I "
, ,
UNLIMITED TAX ROADBONDS
'f~~l'tf':'~~j;~;f~_~4~':"'~h::/ ,,>~~v.:;~:~'t!-~fRfith'~~t-_'~"~;'>~if'..i1t'i;~~r;4f' ~ C~.'~~~~!.~~~~~II?~.t~~"""~(:;: {{f,..~:,~,~~~~;,~:)~, ~..;; e. """.t.;>}~.,' t";;;<'>..¢iJf~ _'C~;;'~~!0'~(..~t~~""~~t;y:"d"'\'V¥t~:.t;,.lo'l<
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VINSON at ELKINS L.L.P.~ , , .,"
1'1I
L
FORT BEND COUNTY, TEXASUNLIMITED TAX ROAD BONDS
SERIES 2001
$29,000,000
1. Vinson & Elkins L.L.P. Opinion
2. Bond Purchase Agreement
3. General Certificate~"'1
!4. Order Calling Bond Election
5. Affidavit of Publication
6. Certificate of Posting
7. Order Canvassing Returns
8. Order Authorizing Issuance of Bonds
9. Waiver of Judge Adolphus
10. Order Levying Taxes
11. Signature Identification and No-Litigation Certificate
FGIC Insurance Policy; Opinions; and Rating Agency Letters
Specimen Bond
Vinson &ElkinsI ATIORNEYS AT LAW
,..VINSON eo. ELKINS L.l.P.
2)00 FIRST CITY TOWER1001 FANNIN STREET
HOUSTON, TEXAS 77001·6760TELEPHONE (713) 758-2222
FAX (713) 758-2346
May 2, 2001
WE HAVE ACTED as bond counsel for Fort Bend County, Texas (the "County"), inconnection with an issue of bonds (the "Bonds") described as follows:
FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES2001, dated March 15,2001, in the total authorized amount 01'$29,000,000.
The Bonds mature, bear interest, are subject to redemption prior to maturity, andmay be transferred and exchanged as set out in the Bonds and in the order adoptedby the Commissioner's Court of the County authorizing their issuance (the"Order").
WE HAVE ACTED as bond counsel for the sole purpose of rendering an opinion withrespect to the legality and validity of the Bonds under the Constitution and laws of the State ofTexas, and with respect to the exclusion of interest on the Bonds from gross income for federalincome tax purposes. We have not investigated or verified original proceedings, records, data orother material, but have relied solely upon the transcript of certified proceedings described in thefollowing paragraph. We have not assumed any responsibility with respect to the financialcondition or capabilities of the County or the disclosure thereof in connection with the sale of theBonds. Our role in connection with the County's Official Statement prepared for use inconnection with the sale of the Bonds (the "Official Statement") has been limited as describedtherein.
IN OUR CAPACITY as bond counsel, we have participated in the preparation of andhave examined a transcript of certified proceedings pertaining to the Bonds which containscertified copies of certain proceedings of the County, customary certificates of officers, agentsand representatives of the County and other public officials and other certified showings relatingto the authorization and issuance of the Bonds. We have also examined executed Bond No. I-Iof this issue.
J
HOUSTON AUSTIN BEIJING DALLAS LONDON MOSC·;)W NEW YORK SINGAPORE WASHINGTON, DC
BASED ON SUCH EXAMINATION, IT IS OUR OPINION that the transcript ofcertified proceedings evidences complete legal authority for the issuance of the Bonds in fullcompliance with the Constitution and laws of the State of Texas presently effective and thattherefore the Bonds constitute valid and legally binding obligations of the County, and thattaxable property within the County is subject to the levy of ad valorem taxes, without legal limitas to rate, to pay the Bonds and the interest thereon.
THE RIGHTS OF THE OWNERS of the Bonds are subject to the applicable provisionsof the federal bankruptcy laws and any other similar laws affecting the rights of creditors ofpolitical subdivisions generally, and may be limited by general principles of equity which permitthe exercise of judicial discretion.
IT IS OUR FURTHER OPINION that:
(I) Interest on the Bonds is excludable from gross income for federalincome tax purposes under existing law.
(2) The difference between the amount payable at maturity of eachOriginal Issue Discount Bond (as defined in the OfficialStatement) and the "issue price" of such Bond (as stated in theOfficial Statement) is excludable from gross income for federalincome tax purposes as original issue discount under existing law.
(3) The Bonds are not "private activity bonds" within the meaning ofthe Internal Revenue Code of 1986, as amended (the "Code"), andinterest on the Bonds is not subject to the alternative minimum taxon individuals and corporations, except that interest on the Bondswill be included in the "adjusted current eamings" of a corporation(other than any S corporation, regulated investment company,REIT, REMIC or FASIT) for purposes of computing its alternativeminimum tax.
In providing such opinions, we have relied on representations of the County, the County'sfinancial advisor, and the Underwriter (as defined in the Order), with respect to matters solelywithin the knowledge of the County, the County's financial advisor, and the Underwriter,respectively, which we have not independently verified, and have assumed continuingcompliance with the covenants in the Order pertaining to those sections of the Code which affectthe exclusion from gross income of interest on the Bonds for federal income tax purposes. Ifsuch representations are determined to be inaccurate or incomplete or the County fails to complywith the foregoing provisions of the Order, interest on the Bonds could become includable ingross income from the date of original delivery, regardless of the date on which the eventcausing such inclusion occurs.
Purchasers of Original Issue Discount Bonds in the initial public offering are directed tothe discussion entitled "Tax Accounting Treatment of Original Issue Discount Bonds" set forthin the Official Statement for purposes of determining the portion of the original issue discount
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described in paragraph (2) above which is allocable to the period such Bonds are held by anowner. The federal income tax consequences of the purchase, ownership, and redemption, sale,or other disposition of Original Issue Discount Bonds which are not purchased in the initialpublic offering at the initial offering price may be determined according to rules which differfrom those described above and in the Official Statement.
Except as stated above, we express no opinion as to any federal, state or local taxconsequences resulting from the receipt or accrual of interest on, or acquisition, ownership, ordisposition of the Bonds.
Owners of the Bonds should be aware that the ownership of tax-exempt obligations mayresult in collateral federal income tax consequences to financial institutions, life insurance andproperty and casualty insurance companies, certain S corporations with Subchapter C earningsand profits, individual recipients of Social Security or Railroad Retirement benefits, taxpayerswho may be deemed to have incurred or continued indebtedness to purchase or carry tax -exemptobligations, and individuals otherwise qualifying for the earned income credit. In addition,certain foreign corporations doing business in the United States may be subject to the "branchprofits tax" on their effectively-connected earnings and profits (including tax-exempt interestsuch as interest on the Bonds).
The opinions set forth above are based on existing law, which is subject to change. Suchopinions are further based on our knowledge of facts as of the date hereof. We assume no dutyto update or supplement these opinions to reflect any facts or circumstances that may hereaftercome to our attention or to reflect any changes in any law that may hereafter occur or becomeeffective. Moreover, our opinions are not a guarantee of result and are not binding on theInternal Revenue Service (the "Service"); rather, such opinions represent our legal judgmentbased upon our review of existing law and in reliance upon the representations and covenantsreferenced above that we deem relevant to such opinions. The Service has an ongoing auditprogram to determine compliance with rules that relate to whether interest on state or localobligations is includable in gross income for federal income tax purposes. No assurance can begiven whether or not the Service will commence an audit of the Bonds. If an audit iscommenced, in accordance with its current published procedures the Service is likely to treat theIssuer as the taxpayer. We observe that the Issuer has covenanted in the Order not to take anyaction, or omit to take any action within its control, that if taken or omitted, respectively, mayresult in the treatment of interest on the Bonds as includable in gross income for federal incometax purposes.
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FORT BEND COUNTY, TEXAS(A political subdivision of the State of Texas)
$29,000,000UNLIMITED T~X ROAD BONDS
SERIES 2001
BOND PURCHASE AGREEMENT
March 29,2001Fort Bend County Commissioners CourtFort Bend County Courthouse301 Jackson StreetRichmond, Texas 77469
Ladies and Gentlemen:
The undersigned (the "Underwriters"), offer to enter into the following agreement withthe Commissioners Court of Fort Bend County, Texas (the "Court"), acting on behalf of FortBend County, Texas (the "Issuer"), which, upon the Issuer's written acceptance of this offer, willbe binding upon the Issuer and upon the Underwriters. This offer is made subject to the Issuer'swritten acceptance hereof on or before 6:00 p.m., Houston, Texas time, on March 29,2001, and,if not so accepted, will be subject to withdrawal by the Underwriters upon notice delivered to theIssuer at any time prior to the acceptance hereof by the Issuer. Terms not otherwise defined inthis Bond Purchase Agreement shall have the same meanings set forth in the Order (as definedherein) or in the Official Statement (as defined herein).
The Underwriters have heretofore authorized Loop Capital Markets, LLC to execute thisBond Purchase Agreement on their behalf.
l. Purchase and Sale of the Bonds. Subject to the terms and conditions and inreliance upon the representations, warranties and agreements set forth herein, the Underwritershereby agree to purchase from the Issuer, and the Issuer hereby agrees to sell and deliver to theUnderwriters on the Closing Date (as defined herein), all, but not less than all, of the Issuer's$29,000,000 Fort Bend County, Texas, Unlimited Tax Road Bonds, Series 2001 (the "Bonds").
~ The principal amount of the Bonds to be issued, the dated date therefor, the maturities,redemption provisions and interest rates per annum are set forth in Schedule I hereto. The Bondsshall be as described in, and shall be issued and secured under and pursuant to the provisions ofan order adopted by the Court on March 29, 2001 (the "Order").
HOL:6 ..D855_~
i
1
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The purchase price for the Bonds shall be 528,918,184.69, representing the par amount ofthe Bonds, less original issue discount of 525,306.00 and underwriter's discount of 5 176,320.00,plus accrued interest of5119,810.69, which is calculated on the basis ofa 360-day year of twelve30-day months from the dated date of the Bonds to the Closing Date (as hereinafter defined).
Delivered to the Issuer herewith is the Underwriters' good-faith corporate check payableto the order of the Issuer in the amount of 5290,000 (the "Check"). In the event the Issuer doesnot accept this offer, the Check shall be promptly returned to the Underwriters. Upon theIssuer's acceptance and countersignature of this offer, the Check (i) shall not be cashed ornegotiated but shall be held and retained in safekeeping by the Issuer as security for theperformance by the Underwriters of their obligations, subject to the terms and conditions hereinset forth, to purchase and accept delivery of the Bonds at the Closing, and (ii) shall be appliedand disposed of by the Issuer solely as provided in this Bond Purchase Agreement In the eventof the Underwriters' compliance with such obligation to purchase and accept delivery of theBonds at the Closing, the Check shall be returned to the Underwriters at the Closing. In theevent of the failure by the Issuer to deliver the Bonds at the Closing, or if the Issuer shall beunable to satisfy the conditions to the obligations of the Underwriters contained in this BondPurchase Agreement, or if the obligations of the Underwriters shall be termin"ated for any reasonpermitted by this Bond Purchase Agreement, the Check shall be returned promptly to theUnderwriters. In the event that the Underwriters fail (other than for a reason permittedhereunder) to purchase and accept delivery of the Bonds at the Closing, the Issuer shall becomeentitled to cash or negotiate the Check, and the proceeds thereof shall be retained by the Issuer asand for full liquidated damages for such failure and for any and all defaults on the part of theUnderwriters and such proceeds shall constitute a full release and discharge of all claims anddamages for such failure and for any and all such defaults.
2. Public Offering. The Underwriters agree to make a bona fide public offering ofall of the Bonds at a price not to exceed the public offering price set forth on the cover of theOfficial Statement and may subsequently change such offering price without any requirement ofprior notice. The Underwriters may offer and sell Bonds to certain dealers (including dealersdepositing Bonds into investment trusts) and others at prices lower than the public offering pricestated on the cover of the Official Statement
3. OfficialStatement; ContinuingDisclosure.
(a) The Preliminary Official Statement of the Issuer, dated March 13,2001, includingthe cover page and appendices or exhibits thereto, relating to the Bonds is referred to herein asthe "Preliminary Official Statement" The Preliminary Official Statement as amended to conformto the terms of this Bond Purchase Agreement and with changes and amendments to the datehereof as have been mutually agreed to by the Issuer and the Underwriters is referred to herein asthe "Official Statement"
(b) The Preliminary Official Statement has been prepared for use in connection withthe public offering, sale and distribution of the Bonds by the Underwriters. The Issuer herebyrepresents and warrants that the Preliminary Official Statement was deemed final by the Issuer asof its date, except for the omission of such information which is dependent upon the final pricing
2HOL':6 ..D855.2
,J of the Bonds for completion, all as permitted to be excluded by section (b)( I) of Rule 15 c2-12under the Securities Exchange Act of 1934 ("Rule 15c2-12").
(c) The Issuer hereby authorizes the Official Statement and the information thereincontained to be used by the Underwriters in connection with the public offering and sale of theBonds, The Issuer shall provide, or cause to be provided, to the Underwriters as soon aspracticable after the date of the Issuer's acceptance of this Bond Purchase Agreement (but, in anyevent, not later than seven business days after the Issuer's acceptance of this Bond PurchaseAgreement and in sufficient time to accompany any confirmation that requests payment fromany customer) copies of the Official Statement which is complete as of the date of its delivery tothe Underwriters in such quantity as the Underwriters shall request in order to comply withSection (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board.
(d) The Issuer ratifies the use of the Preliminary Official Statement and authorizes theOfficial Statement to be used in connection with the offering of the Bonds, and ratifies andapproves the prior distribution of the current drafts of each thereof by the Underwriters prior tothe availability of the final version thereof.
(e) If, after the date of this Bond Purchase Agreement up to and including the date theUnderwriters are no longer required to provide an Official Statement to potential customers whorequest the same pursuant to Rule 15c2-12 (the earlier of (i) 90 days from the "end of theunderwriting period" (as defined in Rule 15c2-12 and (ii) the time when the Official Statement isavailable to any person from a nationally recognized municipal securities information repositorybut in no case less than 25 days after the "end of the underwriting period" for the Bonds), theIssuer becomes aware of any fact or event which might or would cause the Official Statement, asthen supplemented or amended, to contain any untrue statement of a material fact or to omit tostate a material fact required to be stated therein or necessary to make the statements therein notmisleading, or if it is necessary to amend or supplement the Official Statement to comply withlaw, the Issuer will notify the Underwriters (and for the purposes of this clause provide theUnderwriters with such information as they may from time to time request), and if, in the opinionof the Underwriters, such fact or event requires preparation and publication of a supplement otamendment to the Official Statement, the Issuer will forthwith prepare and furnish, at the Issuer'sown expense (in a form and manner approved by the Underwriters), a reasonable number ofcopies of either amendments or supplements to the Official Statement so that the statements inthe Official Statement as so amended and supplemented will not contain any untrue statement ofa material fact or omit to state a material fact necessary to make the statements therein notmisleading or so that the Official Statement will comply with law. If such notification shall besubsequent to the Closing Date, the Issuer shall furnish such legal opinions, certificates,instruments and other documents as the Underwriters may deem necessary to evidence the truthand accuracy of such supplement or amendment to the Official Statement.
j
(I) The Underwriters hereby agree to timely file the Official Statement with anationally recognized municipal securities information repository. Unless otherwise notified inwriting by the Underwriters, the Issuer can assume that the "end of the underwriting period" forpurposes of Rule 15c2-12 will be the Closing Date.
3HOU:6..13855.2
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(g) The Issuer has agreed in the Order to provide certain periodic information andnotices of material events in accordance with Rule 15c2-12 as described in the PreliminaryOfficial Statement under "CONTINUING DISCLOSURE OF INFORMATION." TheUnderwriters' obligation to accept and pay for the Bonds is conditioned upon delivery to theUnderwriters or their agent of a certified copy of the Order containing the agreement describedunder such heading.
4. Representations, Warranties, and Covenants of the Issuer. The Issuer herebyrepresents and warrants to and covenants with the Underwriters that:
.,
(a) The Issuer is a body corporate and politic, and a political subdivision of the Stateof Texas, validly created and operating under the Constitution and laws of the State of Texas andhas full legal right, power and authority, and on the Closing Date will have full legal right,power and authority (i) to enter into, execute and deliver this Bond Purchase Agreement, theOrder and all documents required hereunder and thereunder to be executed and delivered by theIssuer, (ii) to sell, issue and deliver the Bonds to the Underwriters as provided herein, and (iii) tocarry out and consummate the transactions contemplated by this Bond Purchase Agreement, theOrder and the Official Statement; •
(b) By all necessary official action of the Issuer prior to or concurrently with theacceptance hereof, the Issuer has duly authorized all necessary action to be taken by it for (i) theadoption of the Order and the issuance and sale of the Bonds, (ii) the approval, execution anddelivery of, and the performance by the Issuer of the obligations on its part, contained in the~Bonds, the Order and this Bond Purchase Agreement, and (iii) the consummation by it of allother transactions contemplated by the Official Statement, the Order, this Bond PurchaseAgreement and any and all such other agreements and documents as may be required to beexecuted, delivered and/or received by the Issuer in order to carry out, give effect to, andconsummate the transactions contemplated herein and in the Official Statement;
(c) The Order and this Bond Purchase Agreement constitute legal, valid and bindingobligations of the Issuer, enforceable in accordance with their respective terms, subject tobankruptcy, insolvency, reorganization, moratorium and other similar laws and principles ofequity relating to or affecting the enforcement of creditors' rights; the Bonds, when issued,delivered and paid for, in accordance with the Order and this Bond Purchase Agreement, willconstitute legal, valid and binding obligations of the Issuer entitled to the benefits of the Orderand enforceable in accordance with their terms, subject to bankruptcy, insolvency,reorganization, moratorium and other similar laws and principles of equity relating to oraffecting the enforcement of creditors' rights; upon the issuance, authentication and delivery ofthe Bonds as aforesaid, the Order will provide, for the benefit of the holders, from time to time,of the Bonds, the legally valid and binding pledge of and lien they purport to create as set forth inthe Order;
(d) The Issuer is not in breach of or default under any applicable constitutionalprovision, law or administrative regulation of the State or the United States or any applicablejudgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or otherinstrument to which the Issuer is a party or to which the Issuer is otherwise subject, and no eventhas occurred and is continuing which constitutes or with the passage of time or the giving of
HOU:M3855,2
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notice, or both, would constitute a default or event of default by the Issuer under any suchinstrument; and the execution and delivery of the Bonds, this Bond Purchase Agreement and theadoption of the Order and compliance with the provisions on the Issuer's part contained therein,will not conflict with or constitute a breach of or default under any constitutional provision,administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution,agreement or other instrument to which the Issuer is a party or to which the Issuer is otherwisesubject or under the terms of any such law, regulation or instrument, except as provided by theBonds and the Order;
(e) All authorizations, approvals, licenses, permits, consents and orders of anygovernmental authority, legislative body, board, agency or commission having jurisdiction of thematters which are required for the due authorization of, which would constitute a conditionprecedent to, or the absence of which would materially adversely affect the due performance bythe Issuer of its obligations under this Bond Purchase Agreement, the Order and the Bonds havebeen duly obtained or will be obtained prior to Closing Date, except for such approvals, consentsand orders as may be required under the Blue Sky or securities laws of any jurisdiction .inconnection with the offering and sale of the Bonds;
•
(f) The Bonds and the Order conform to the descriptions thereof contained in theOfficial Statement under the caption "THE BONDS" and the proceeds of the sale of the Bondswill be applied generally as described in the Official Statement under the caption "THEBONDS-Use of Bond Proceeds";
(g) There is no legislation, action, suit, proceeding, inquiry or investigation, at law orin equity, before or by any court, government agency, public board or body, pending or, to thebest knowledge of the Issuer after due inquiry, threatened against the Issuer, affecting thecorporate existence of the Issuer or the titles of its officers to their respective offices, or affectingor seeking to proh.ibit, restrain or enjoin the sale, issuance or delivery of the Bonds or thecollection of taxes pledged to the payment of principal of and interest on the Bonds pursuant tothe Order or in any way contesting or affecting the validity or enforceability of the Bonds, theOrder, this Bond Purchase Agreement, or contesting the exclusion from gross income of intereston the Bonds for federal income tax purposes, or contesting in any way the completeness oraccuracy of the Preliminary Official Statement or the Official Statement or any supplement oramendment thereto, or contesting the powers of the Issuer or any authority for the issuance of theBonds, the adoption of the Order or the execution and delivery of this Bond PurchaseAgreement, nor, to the best knowledge of the Issuer, is there any basis therefor, wherein anunfavorable decision, ruling or finding would materially adversely affect the validity orenforceability of the Bonds, the Order or this Bond Purchase Agreement;
(h) As of the date thereof, the Preliminary Official Statement did not contain anyuntrue statement of a material fact or omit to state a material fact required to be stated therein ornecessary to make the statements therein, in the light of the circumstances under which they weremade, not misleading;
(i) At the time of the Issuer's acceptance hereof and (unless an event occurs of thenature described in paragraph (e) of Section 3 of this Bond Purchase Agreement) at all timessubsequent thereto during the period up to and including twenty-five (25) days subsequent to the
5HOU:6438552
"end of the underwriting period," the Official Statement does not and will not contain any untruestatement of a material fact or omit to state any material fact required to be stated therein ornecessary to make the statements therein, in light of the circumstances under which they weremade, not misleading;
U) If the Official Statement is supplemented or amended pursuant to paragraph (e) ofSection 3 of this Bond Purchase Agreement, at the time of each supplement or amendmentthereto and (unless subsequently again supplemented or amended pursuant to such paragraph) atall times subsequent thereto during the period up to and including twenty-five (25) dayssubsequent to the "end of the underwriting period," the Official Statement as so supplemented oramended will not contain any untrue statement of a material fact or omit to state any materialfact required to be stated therein or necessary to make the statements therein, in light of thecircumstances under which made, not misleading;
(k) The Issuer will apply, or cause to be applied, the proceeds from the sale of theBonds as provided in and subject to all of the terms and provisions of the Order and will not takeor omit to take any action which action or omission will adversely affect the exclusion fromgross income for federal income tax purposes of the interest on the Bonds; •
(I) The Issuer will furnish such information and execute such instruments and takesuch action in cooperation with the Underwriters as the Underwriters may reasonably request (A)to (y) qualify the Bonds for offer and sale under the Blue Sky or other securities laws andregulations of such states and other jurisdictions in the United States as the Underwriters maydesignate and (z) determine the eligibility of the Bonds for investment under the laws of suchstates and other jurisdictions and (B) to continue such qualifications in effect so long as requiredfor the distribution of the Bonds (provided, however that the Issuer will not be required toqualify as a foreign corporation or to file any general or special consents to service of processunder the laws of any jurisdiction) and will advise the Underwriters immediately of receipt bythe Issuer of any notification with respect to the suspension of the qualification of the Bonds forsale in any jurisdiction or the initiation or threat of any proceeding for that purpose;
(m) The financial statements of and other financial information regarding the Issuer inthe Official Statement fairly present the financial position and results of the Issuer as of the datesand for the periods therein set forth. Prior to the Closing Date, there will be no adverse change ofa material nature in such financial position, results of operations or condition, financial orotherwise, of the Issuer. The Issuer is not a party to any litigation or other proceeding pending or,to its knowledge, threatened which, if decided adversely to the Issuer, would have a materiallyadverse effect on the financial condition of the Issuer;
(n) Prior to the Closing Date the Issuer will not offer or issue any bonds, notes orother obligations for borrowed money or incur any material liabilities, direct or contingent,payable from or secured by any of the revenues or assets which will secure the Bonds;
(0) Any certificate, signed by any official of the Issuer authorized to do so inconnection with the transactions contemplated by this Bond Purchase Agreement, shall bedeemed a representation and warranty by the Issuer to the Underwriters as to the statementsmade therein; and
6HOU:6../.J855.:!
(p) The Issuer covenants that between the date hereof and the Closing Date it willtake no actions which will cause the representations and warranties made in this Section to be
! untrue as of the Closing Date.
By delivering an executed copy of the Official Statement to the Underwriters, the Issuershall be deemed to have reaffirmed, with respect to the Official Statement, the representations,warranties and covenants set forth above with respect to the Preliminary Official Statement.
5. Closing.
(a) At approximately 10:00 a.m. Houston, Texas time, on May 2, 2001, or at suchother time and date as shall have been mutually agreed upon by the Issuer and the Underwriters(the "Closing Date"), the Issuer will, subject to the terms and conditions hereof, deliver theBonds to the Underwriters duly executed and authenticated, together with the other documentshereinafter mentioned, and the Underwriters will, subject to the terms and conditions hereof,accept such delivery and pay the purchase price of the Bonds as set forth in Section I of thisBond Purchase Agreement in immediately available funds by wire transfer to the account of theIssuer as specified by The Chase Manhattan Bank (the "Registrar"). Payment for the Bonds asaforesaid shall be made at the offices of the Registrar or such other place as shall have beenmutually agreed upon by the Issuer and the Underwriters.
(b) The definitive Bonds will be initially registered solely in the name of Cede & Co.,as nominee of The Depository Trust Company ("DTC"). Beneficial ownership of the Bonds maybe acquired in denominations of $5,000 or integral multiples thereof. No physical delivery of theBonds will be made to the beneficial owners thereof. Principal of and interest on the Bonds willbe payable by the Registrar to Cede & Co., which will make distribution of the amounts so paidto the participating members of DTC for subsequent payment to the beneficial owners of theBonds. The Bonds will be available for delivery through DTC on April 25, 2001.
6. Closing Conditions. The Underwriters have entered into this Bond PurchaseAgreement in reliance upon the representations, warranties and agreements of the Issuercontained herein, and in reliance upon the representations, warranties and agreements to becontained in the documents and instruments to be delivered on the Closing Date and upon theperformance by the Issuer of its obligations hereunder, both as of the date hereof and as of theClosing Date. Accordingly, the Underwriters' obligations under this Bond Purchase Agreementto purchase, to accept delivery of and to pay for the Bonds shall be conditioned upon theperformance by the Issuer of its obligations to be performed hereunder and under suchdocuments and instruments at or prior to the Closing Date, and shall also be subject to thefollowing additional conditions including the delivery by the Issuer of such documents as areenumerated herein, in form and substance reasonably satisfactory to the Underwriters:
(a) The representations and warranties of the Issuer contained herein shall be true,complete and correct on the date hereof and on and as of the Closing Date, as if made on theClosing Date;
7HOU:643855.2
(b) The Issuer shall have performed and complied with all agreements and conditionsrequired by this Bond Purchase Agreement to be performed or complied with by it prior to or at
, the Closing Date;
(c) On the Closing Date, (i) the Order and the Bonds shall be in full force and effectin the form heretofore approved by the Underwriters and shall not have been amended, modifiedor supplemented, and the Official Statement shall not have been supplemented or amended,except in any such case as may have been agreed to by the Underwriters; (ii) the net proceeds ofthe sale of the Bonds and any funds to be provided by the Issuer shall be deposited and appliedas described in the Official Statement and in the Order and (iii) all actions of the Issuer requiredto be taken by the Issuer shall be performed in order for Bond Counsel to deliver its opinionsreferred to hereafter;
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(d) At or prior to the Closing Date, the Order shall have been duly executed anddelivered by the Issuer and the Issuer shall have duly executed and delivered and the Registrarshall have duly authenticated the Bonds;
(e) On the Closing Date, the Issuer shall deliver the Bonds;
(f) On the Closing Date, there shall not have occurred any change or anydevelopment involving a prospective change in the condition, financial or otherwise, or in therevenues or operations of the Issuer, from that set forth in the Official Statement that in thejudgment of the Underwriters is material and adverse and that makes it, in the judgment of the-Underwriters, impracticable to market the Bonds on the terms and in the manner contemplated inthe Official Statement;
(g) The Issuer shall not have failed to pay principal or interest when due on any of itsoutstanding obligations for borrowed money;
(h) All steps to be taken and all instruments and other documents to be executed, andall other legal matters in connection with the transactions contemplated by this Bond PurchaseAgreement shall be reasonably satisfactory in legal form and effect to the Underwriters;
(i) At or prior to the Closing Date, the Underwriters shall have received copies ofeach of the following documents:
(I) The Official Statement, and each supplement or amendment thereto asmay have been agreed to by the Underwriters, and the reports and audits referred to orappearing in the Official Statement;
(2) The Order, having been duly adopted by the Issuer as being in full forceand effect, with such supplements or amendments as may have been agreed to by theUnderwriters;
(3) The approving opinion of Bond Counsel with respect to the Bonds, In
substantially the form attached to the Official Statement;
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(4) A supplemental opinion of Bond Counsel addressed to the Underwriters,substantially to the effect that:
(A) the Order has been duly adopted and is in full force and effect;
(B) the Bonds are exempt securities under the Securities Act of 1933, asamended (the "1933 Act"), and it is not necessary, in connection with theoffering and sale of the Bonds, to register the Bonds under the 1933 Act orto qualify the Order under the Trust Indenture Act of 1939, as amended(the "Trust Indenture Act"); and
(C) the statements and information contained in the Official Statement underthe headings "THE BONDS" (except for the information under thesubcaption "Book Entry Only System"), "OTHER INFORMATION -Legal Investments and Eligibility to Secure Public Funds in Texas,""OTHER INFORi\1ATION - Legal Matters," "TAX MATTERS" and"OTHER INFORi\lIATION - Continuing Disclosure of Information"(except for the section captioned "Compliance with Pr'ior Undertakings"),fairly and accurately summarize the matters purported to be summarizedtherein and the descriptions of the Order and the Bonds in the OfficialStatement present a fair description for the purposes intended;
(5) An opinion, dated the Closing Date and addressed to the Underwriters, ofcounsel for the Underwriters, to the effect that:
(A) the Bonds are exempt securities under the 1933 Act and it is not necessary,in connection with the offering and sale of the Bonds, to register theBonds under the 1933 Act or to qualify the Order under the TrustIndenture Act; and
(B) based upon their participation in the preparation of the Official Statementas counsel for the Underwriters and their participation at conferences atwhich the Official Statement was discussed, but without havingundertaken to determine independently the accuracy, completeness orfairness of the statements contained in the Official Statement, suchcounsel has no reason to believe that the Official Statement contains anyuntrue statement of material fact or omits to state a material fact whennecessary to make the statements therein, in light of the circumstancesunder which they were made, not misleading (except for any financial,forecast, technical and statistical statements and data inc luded in theOfficial Statement and information regarding the bond insurer, if any, ineach case as to which no view need to be expressed);
(6) A certificate, dated the Closing Date, of an appropriate official of theIssuer to the effect that to the best of his or her knowledge, no event affecting the Issuerhas occurred since the date of the Official Statement which should be disclosed in theOfficial Statement for the purpose for which it is to be used or which it is necessary to
9
HOU643855.2
disclose therein in order to make the statements and information therein, in light of thecircumstances under which they were made, not misleading in any material respect as ofthe Closing Date, and the information contained in the Official Statement is correct in allmaterial respects and, as of the date of the Official Statement did not, and as of theClosing Date does not, contain any untrue statement of a material fact or omit to state amaterial fact required to be stated therein or necessary to make the statements madetherein, in the light of the circumstances under which they were made, not misleading;
(7) A certificate of the Issuer in form and substance satisfactory to BondCounsel (a) setting forth the facts, estimates and circumstances in existence on theClosing Date, which establish that it is not expected that the proceeds of the Bonds willbe used in a manner that would cause the Bonds to be "arbitrage bonds" within themeaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"),and any applicable regulations (whether final, temporary or proposed), issued pursuant tothe Code, and (b) certifying that to the best of the knowledge and belief of the Issuerthere are no other facts, estimates or circumstances that would materially change theconclusions, representations and expectations contained in such certificate;•
(8) Any other certificates and opinions required by the Order for the issuancethereunder of the Bonds;
(9) The approving opinion of the Attorney General of the State of Texas inrespect of the Bonds;
(10) The registration certificate of the Comptroller of Public Accounts of theState of Texas in respect of the Bonds; and
(II) Evidence of ratings assigned to the Bonds of "Aa2" by Moody's InvestorsService, Inc. and "AN' by Standard and Poor's Ratings Services.
If the Issuer shall be unable to satisfy the conditions to the obligations of theUnderwriters to purchase, to accept delivery of and to pay for the Bonds contained in this BondPurchase Agreement, or if the obligations of the Underwriters to purchase, to accept delivery ofand to pay for the Bonds shall be terminated for any reason permitted by this Bond PurchaseAgreement, this Bond Purchase Agreement shall terminate and neither the Underwriters nor theIssuer shall be under any further obligation hereunder, except that the respective obligations ofthe Issuer and the Underwriters set forth in Section 4 hereof shall continue in full force andeffect.
7. Termination. The Underwriters shall have the right to cancel their obligation topurchase the Bonds if, between the date of this Bond Purchase Agreement and the Closing Date,the market price or marketability of the Bonds shall be materially adversely affected, in the solereasonable judgment of the Underwriters (as evidenced by a written notice to the Issuerterminating the obligation of the Underwriters to accept delivery of and pay for the Bonds), bythe occurrence of any of the following:
(a) legislation shall be enacted by or introduced in the Congress or recommended tothe Congress for passage by the President of the United States, orthe Treasury Department of the
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United States or the Internal Revenue Service or any member of the Congress or favorablyreported for passage to either House of the Congress by any committee of such House to whichsuch legislation has been referred for consideration, a decision by a court of the United States orof the State or the United States Tax Court shall be rendered, or an order, ruling, regulation(final, temporary or proposed), press release, statement or other form of notice by or on behalf ofthe Treasury Department of the United States, the Internal Revenue Service or othergovernmental agency shall be made or proposed, the effect of any or all of which would be toimpose, directly or indirectly, federal income taxation upon interest received on bonds of thegeneral character of the Bonds of the interest on the Bonds as described in the OfficialStatement, or other action or events shall have transpired which may have the purpose or effect,directly or indirectly, of changing the federal income tax consequences of any of the transactionscontemplated herein, or any other action or events shall have occurred which, in the judgment ofthe UndeIWriters, materially adversely affect the market for the Bonds or the market pricegenerally of bonds of the general character of the Bonds;
~~t\
(b) legislation introduced in or enacted (or resolution passed) by the Congress or anorder, decree, or injunction issued by any court of competent jurisdiction, pr an order, ruling,regulation (final, temporary, or proposed), press release or other form of notice issued or madeby or on behalf of the Securities and Exchange Commission, or any other governmental agencyhaving jurisdiction of the subject matter, to the effect that bonds of the general character of theBonds, including any or all underlying arrangements, are not exempt from registration under orother requirements of the 1933 Act, or that the Orders is not exempt from qualification under or.other requirements of the Trust Indenture Act, or that the issuance, offering, or sale of bonds ofthe general character of the Bonds, including any or all underlying arrangements, ascontemplated hereby or by the Official Statement or otheIWise, is or would be in violation of thefederal securities law as amended and then in effect;
(c) any state blue sky or securities commission or other governmental agency or bodyshall have withheld registration, exemption or clearance of the offering of the Bonds as describedherein, or issued a stop order or similar ruling relating thereto;
I
-'
(d) a general suspension of trading in securities on the New York Stock Exchange orthe American Stock Exchange, the establishment of minimum prices on either such exchange,the establishment of material restrictions (not in force as of the date hereof) upon tradingsecurities generally by any governmental authority or any national securities exchange, a generalbanking moratorium declared by federal, State of New York, or State officials authorized to doso;
(e) any amendment to the federal or state Constitution or action by any federal orstate court, legislative body, regulatory body, or other authority materially adversely affectingthe tax status of the Issuer, its property, income securities (or interest thereon), or the validity orenforceability of the assessments or the levy of taxes to pay principal of and interest on theBonds;
(f) any event occurring, or information becoming known which, in the judgment ofthe UndeIWriters, makes untrue in any material respect any statement or information contained inthe Official Statement, or has the effect that the Official Statement contains any untrue statement
IIHOU64J8552
of material fact or omits to state a material fact required to be stated therein or necessary to makethe statements therein, in the light of the circumstances under which they were made, notmisleading;
(g) there shall have occurred since the date of this Bond Purchase Agreement anymaterially adverse change in the affairs or financial condition of the Issuer;
(h) the United States shall have become engaged in hostilities which have resulted ina declaration of war or a national emergency or there shall have occurred any other outbreak orescalation of hostilities or a national or international calamity or crisis, financial or otherwise, theeffect of such outbreak, calamity or crisis on the financial markets of the United States beingsuch as, in the reasonable opinion of the Underwriters, would materially or adversely affect theability of the Underwriters to market the Bonds.
·:'1 (i) any fact or event shall exist or have existed that, in the Underwriters' reasonablejudgment, requires or has required an amendment of or supplement to the Official Statement;
U) there shall have occurred any downgrading, or any notice shall"have been given of(A) any intended or potential downgrading or (B) any review or possible change that does notindicate the direction of a possible change, in the rating accorded any of the Issuer's bonds(including the rating to be accorded the Bonds) by any "nationally recognized statistical ratingorganization", as such term is defined for purposes of Rule 436(g)(2) under the 1933 Act;
(k) the purchase of and payment for the Bonds by the Underwriters, or the resale ofthe Bonds by the Underwriters, on the terms and conditions herein provided shall be prohibitedby any applicable law, governmental authority, board, agency or commission; and
(I) the Issuer fails to adopt an order levying ad valorem taxes sufficient to provide forthe payment of principal of and interest on the Bonds.
8. Expenses.
"I
(a) The Underwriters shall be under no obligation to pay, and the Issuer shall pay,any expenses incident to the performance of the Issuer's bonds hereunder including, but notlimited to, (i) the cost of preparing the Bonds, (ii) the fees and disbursements of Bond Counseland counsel to the Issuer; (iii) the fees and disbursements of the Issuer's Financial Advisor andany other engineers, accountants, and other experts, consultants or advisers retained by theIssuer; (iv) the costs of preparing, printing and mailing the Preliminary Official Statement andthe Official Statement; (v) the fees and expenses of the Registrar and any other paying agents forthe bonds; (vi) advertising expenses (except any advertising expenses of the Underwriters as setforth below); (vii) the out-of-pocket, miscellaneous and closing expenses, including the cost oftravel, of the officers of the Issuer; (viii) any other expenses mutually agreed to by the Issuer andthe Underwriters to be reasonably considered expenses of the Issuer which are incident to thetransactions contemplated hereby; and (ix) the fees, if any, for bond ratings and insurance.
(b) The Underwriters shall pay (i) all advertising expenses in connection with thepublic offering of the Bonds; and (ii) all other expenses incurred by them in connection with thepublic offering of the Bonds.
12HOU:643855.2
9. Notices. Any notice or other communication to be given to the Issuer under thisBond Purchase Agreement may be given by delivering the same in writing to Fort Bend CountyCommissioners Court, Fort Bend County Courthouse, 301 Jackson Street, Richmond, Texas77469, Attention: Judge James Adolphus, and any notice or other communication to be given tothe Underwriters under this Bond Purchase Agreement may be given by delivering the same inwriting to Loop Capital Markets, LLC, 440 Louisiana, Suite 900, Houston, Texas 77002,Attention: Curtis Flowers.
10. Parties in Interest. This Bond Purchase Agreement as heretofore specified shallconstitute the entire agreement between us and is made solely for the benefit of the Issuer and theUnderwriters (including successors or assigns of the Underwriters) and no other person shallacquire or have any right hereunder or by virtue hereof. This Bond Purchase Agreement may notbe assigned by the Issuer. All of the Issuer's representations, warranties and agreementscontained in this Bond Purchase Agreement shall remain operative and in full force and effect,regardless of (i) any investigations made by or on behalf of the Underwriters; (ii) delivery of andpayment for the Bonds pursuant to this Bond Purchase Agreement; and (iii) any termination ofthis Bond Purchase Agreement.
11. Effectiveness. This Bond Purchase Agreement shall become effective upon theacceptance hereofby the Issuer and shall be valid and enforceable at the time of such acceptance.
12. Choice of Law. This Bond Purchase Agreement shall be governed by andconstrued in accordance with the law of the State of Texas.
13. Severability. If any provision of this Bond Purchase Agreement shall be held ordeemed to be or shall, in fact, be invalid, inoperative or unenforceable as applied in anyparticular case in any jurisdiction or jurisdictions, or in all jurisdictions because it conflicts withany provision of any Constitution, statute, rule of public policy, or any other reason, suchcircumstances shall not have the effect of rendering the provision in question invalid, inoperativeor unenforceable in any other case or circumstance, or of rendering any other provision orprovisions of this Bond Purchase Agreement invalid, inoperative or unenforceable to any extentwhatever.
14. Business Day. For purposes of this Bond Purchase Agreement, "business day"means any day on which the New York Stock Exchange is open for trading.
15. Section Headings. Section headings have been inserted in this Bond PurchaseAgreement as a matter of convenience of reference only, and it is agreed that such sectionheadings are not a part of this Bond Purchase Agreement and will not be used in theinterpretation of any provisions of this Bond Purchase Agreement.
16. Counterparts. This Bond Purchase Agreement may be executed in severalcounterparts each of which shall be regarded as an original (with the same effect as if thesignatures thereto and hereto were upon the same document) and all of which shall constitute oneand the same document.
13HOU:643855.2
If you agree with the foregoing, please sign the enclosed counterpart of this BondPurchase Agreement and return it to the Underwriters. This Bond Purchase Agreement shallbecome a binding agreement between you and the Underwriters when at least the counterpart ofthis letter shall have been signed by or on behalf of each of the parties hereto.
Respectfully submitted,
LOOP CAPITAL MARKETS, LLCCOASTAL SECURITIES
By: Loop Capital Markets, LLCfor the Underwriters
By: C.-A!/J --Name: Curtis FlowersTitle: Senior Vice President
HOt'-6~3SS5, 1
APPROVED AND ACCEPTED as of the date hereof.
COMMISSIONERS COURT OFFORT BEND COUNTY, TEXAS, acting onbehalf of Fort Bend County, Texas
By l!fd:z,e:-LC-...J:i ~3~) fl"Csrdt"5
ATTEST:
By:_~:---=--=_----:=--:-- __Dianne Wilson, County Clerk
•
HOU:64J855.2
... Schedule 1 - Schedule of Terms
lI
$29,000,000 Unlimited Tax Road Bonds, Series 2001
''''.~
Initial
Due Principal Interest Reoffering
March I Amount Rate PriceNield I.)
2002 $ 325,000 4.00% 3.40%
2003 325,000 4.00 3.55
2004 325,000 4.00 3.70
2005 325,000 4.00 3.80
2006 350,000 4.00 3.90
2007 350,000 4.25 4.03
2008 350,000 4.25 4.15
2009 2,050,000 4.20 4.25
2010 2,050,000 4.30 4.35
2011 2,050,000 (b) 5.00 4.44
2012 2,050,000 (b) 5.00 4.57
2013 2,050,000 (b) 5.00 4.68
2014 2,050,000 (b) 5.00 4.79
2015 2,050,000 (b) 4.80 4.92
2016 2,050,000 (b) 4.90 5.00
2017 2,050,000 (b) 5.00 5.07
2018 2,050,000 (b) 5.00 5.13
2019 2,050,000 (b) 5.00 5.18
2020 2,050,000 (b) 5.00 5.22
2021 2,050,000 (b) 5.00 5.25
(al The initial reoffering prices or yields of the Bonds are furnished by the Underwriters (as defined herein)and represent the initial offering prices or yields to the public, which may be changed by the Underwritersat any time. Accrued interest from March 15, 2001 is to be added to the price.
(b) The County reserves the right, at its option, to redeem Bonds having stated maturities on and after March I,20 II in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on March I, 2010,or any date thereafter, at the par value thereof plus accrued interest to the date fixed for redemption.
HOU:643855.}
j GENERAL CERTIFICATE
, THE STATE OF TEXAS §COUNTY OF FORT BEND §
We, the undersigned, County Judge and County Clerk of Fort Bend County, Texas (thetl "County"), do hereby make and execute this certificate for the benefit of the Attorney General of
the State of Texas and all other persons interested in the County's $29,000,000 UNLIMITEDTAX ROAD BONDS, SERIES 2001, dated April 1,2001, now in the process of being issued.We certify the following, to wit:
(I) The following named persons are the duly selected, or appointed, qualified andacting officers of the County:
James C. AdolphusTom StavinohaGrady PrestageAndy MeyersJames PattersonEd SturdivantKathy HynsonBen W. "Bud" Childers
(2) A true and correct copy of the Debt Service Schedule for the Bonds now inprocess of issuance as well as the outstanding indebtedness of the County payable from advalorem taxes is attached hereto as Exhibit A.
(3) The total amount of all outstanding bonded indebtedness of the County payablefrom ad valorem taxes is $85,710,000, which includes the Bonds in process of issuance.
(4) The 2000 certified taxable valuation of the County is $15,732,876,942.
(5) The election held in the County on November 7, 2000, was held in compliancewith the Federal Voting Rights Act of 1965, as amended, and the Texas Election Code, asamended, including particularly Chapter 272 of the Texas Election Code pertaining to bilingualrequirements.
(6) The maximum maturity permitted for the Bonds is 30 years. The Bonds mature inless than 30 years from their date of issuance.
(7) The County Treasurer will serve as the sole custodian of the Bond proceeds andthe taxes collected to pay the principal and interest on the bonds and will perform all such dutiesin accordance with the provisions of Sections 1471.024 and 1471.025, Texas Government Code,as amended.
,,, , Witness our hands and the official seal of the Commissioners Court, this 29th day ofMarch, 2001.
"1,I.,
County ClerkFort Bend County, Texas
.. '
. -......... ",'
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"
''.; : (SEAL). ..: ....) :' ..-, '"
. '." ..,.,'
i
-I EXHIBITA
YearEnd Outstanding DebtllJ The Bonds(:l Total
1213\ Principal Interest Total Principal Interest Total Requirements
-':\ (I) "'Outstanding Debt" does not inelude lcasclpurehasc obligations.Includes obligatIons of the Fan Bend Flood Control Water Supply
Corporation.(2) A_lifcoflhc issue-13.1I1 years.
•..~
1 CERTIFICATE FOR ORDER
THE STATE OF TEXAS §COUNTY OF FORT BEND §
We, the undersigned officers of the Commissioners Court of Fort Bend County, Texas,hereby certify as follows:
1. The Commissioners Court ofF ort Bend County, Texas, convened at a regular meetingof said Court at the Fort Bend County Courthouse in the City of Richmond, Texas, on the 19th dayof September, 2000, and the roll was called of the duly constituted officers and members of said
.71 Court, to wit:
James C. AdolphusR. 1. "Bud" O'ShielesGrady PrestageW. A. "Andy" MeyerJames Patterson
County JudgeCommissioner, Precinct 1Commissioner, Precinct 2Commissioner, Precinct 3Commissioner, Precinct 4
and all of said persons were present, except the following absentee(s): _\\:...J:~!\Y~L- ",thus constituting a quorum. Whereupon, among other business, the following was transacted at saidmeeting: a written
ORDER CALLING BOND ELECTION
was duly introduced for the consideration of the Commissioners Court and read in full. It was thenduly moved and seconded that said order be adopted; and, after due discussion, said motion, carryingwith it the adoption of said order, prevailed and carried by the following vote:
AYES: All members shown present above voted Aye.NOES: None.
2. A true, full and correct copy of the aforesaid order adopted at the meeting describedin the above and foregoing paragraph is attached to and follows this certificate; that said order hasbeen duly recorded in the Commissioners Court's minutes of said meeting; that the above andforegoing paragraph is a true, full and correct excerpt from the Commissioners Court's minutes ofsaid meeting pertaining to the adoption of said order; that the persons named in the above andforegoing paragraph are the duly chosen, qualified and acting officers and members of theCommissioners Court as indicated therein; that each of the officers and members of theCommissioners Court was duly and sufficiently notified officially and personally, in advance, of thedate, hour, place and purpose of the aforesaid meeting, and that said order would be introduced andconsidered for adoption at said meeting, and each of said officers and members consented, inadvance, to the holding of said meeting for such purpose; that said meeting was open to the public
j
fJ as required by law; and that public notice of the date, hour, place and subject of said meeting wasgiven as required by the Texas Open Meetings Act.
SIGNED AND SEALED this 19th day of Septe ber, 2000.
{County Clerk
(SEAL)
I
l NOTICE OF BOND ELECTION
TO THE RESIDENT, QUALIFIED ELECTORS OF FORT BEND COUNTY, TEXAS:
NOTICE IS HEREBY GIVEN that an election will be held in FORT BEND COUNTY,TEXAS, on the 7th day of November, 2000, in accordance with the following order:
~jI
ORDER CALLING BOND ELECTION
THE STATE OF TEXAS §COUNTY OF FORT BEND §
..-
~WHEREAS, the Commissioners Court of Fort Bend County, Texas (the "County") deems
it advisable to hold an election to ascertain whether the Commissioner's Court shall be authorizedto issue bonds of the County for the purpose hereinafter stated; and
WHEREAS, the Commissioners Court wishes to proceed with the ordering of such election;
THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED BY THECOMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS:
Section I. All of the facts recited in the preamble hereof are hereby found anddetermined to be true and correct.
Section 2. An election shall be held in the County on the 7th day of November, 2000,which is not less than fifteen (15) days nor more than ninety (90) days from the date hereof, in whichall resident, qualified electors of the County shall be entitled to vote. The polls shall be open forvoting at such election from 7:00 a.m. to 7:00 p.m. Voting shall be at the designated polling placesineach of the numbered county precincts heretofore established and described by natural or artificialboundaries or survey lines, and the election shall be conduced at each polling place, respectively,by the officers previously appointed by order of the Commissioners Court. The respective pollingplace for each election precinct is set forth in Exhibit A, attached hereto and made a part hereof forall purposes.
Section 3. At the election the following PROPOSITIONS shall be submitted inaccordance with law:
PROPOSITION ONE
IN ORDER TO IMPROVE MOBILITY IN FORT BEND COUNTY, SHALL THECOMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS, BEAUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THEBONDS OR OTHER OBLIGATIONS OF THE COUNTY OR, THROUGHAGREEMENT WITH A MUNICIPALITY, POLITICAL SUBDIVISION,AGENCY OF THIS STATE, THE GRAND PARKWAY ASSOCIATION, THEFORT BEND TOLL ROAD AUTHORITY, THE HARRIS COUNTY TOLL ROADAUTHORITY OR OTHER TRANSPORT AnON CORPORATION, TO SUPPORTTHE ISSUANCE AND SALE AT ANY PRICE OR PRICES THE BONDS OROTHER OBLIGATIONS OF SUCH ENTITY, IN THE AMOUNT OF $140,000,000MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIRDATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES,NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER
Houston, 298949.5 2
AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THEDISCRETION OF THE COMMISSIONERS COURT AT THE TIME OFISSUANCE, FOR THE PURPOSE OF PAYING THE COSTS OFCONSTRUCTION, ACQUISITION OR IMPROVEMENT OF TOLL ROADS (TOBE KNOWN AS THE WESTPARK TOLL ROAD FROM F.M. 1464 TO STATEHIGHWAY 99 AND THE FORT BEND PARKWA Y TOLL ROAD FROM SAMHOUSTON PARKWA Y (BEL TWA Y 8) TO STATE HIGHWAY 6, INCLUDINGWITHOUT LIMITATION ALL OF THE FOLLOWING WHICH ARENECESSARY OR USEFUL IN CONNECTION THEREWITH: CAUSEWAYS,BRIDGES, TUNNELS, TURNPIKES, HIGHWAYS, OR ANY INTERCHANGES,ENTRANCE PLAZAS, TOLL HOUSES, SERVICE STATIONS, APPROACHES,FIXTURES, ACCESSORIES, EQUIPMENT, AND ADMINISTRATION,STORAGE AND ALL OTHER BUILDINGS, TOGETHER WITH ALLPROPERTY RIGHTS, EASEMENTS, AND INTERESTS ACQUIRED INCONNECTION THEREWITH, AND ANY OTHER IMPROVEMENTS,EXTENSIONS AND BETTERMENTS AS MAY NOW BE PERMITTED ANDALL OTHER COSTS RELATED TO SUCH FACILITIES AND SUCH BONDSOR OTHER OBLIGATIONS, AND TO USE FOR SUCH PURPOSES ANYLAND, RIGHTS-OF-WAY, OR OTHER PROPERTY NOW OWNED ORHEREAFTER ACQUIRED BY SAID COUNTY, THE BONDS OR OTHEROBLIGATIONS TO BE SUPPORTED AND SECURED BY, AND PAYABLEFROM, ALL OR ANY PART OF THE REVENUES TO BE DERIVED FROMSUCH FACILITIES AS WELL AS ANY REVENUES TO BE DERIVED FROMTHE COUNTY IN THE AFOREMENTIONED AGREEMENT WITH AMUNICIPALITY, POLITICAL SUBDIVISION, AGENCY OF THIS STATE, THEGRAND PARKWAY ASSOCIATION, THE FORT BEND TOLL ROADAUTHORITY, THE HARRIS COUNTY TOLL ROAD AUTHORITY OR OTHERTRANSPORT ATION CORPORATION, SUFFICIENT TO PAY THE INTERESTON SAID BONDS OR OTHER OBLIGATIONS AS IT ACCRUES AND TOCREATE AND PROVIDE A SINKING FUND FOR THE PAYMENT OF THEPRINCIPAL OF SAID BONDS OR OTHER OBLIGATIONS AS IT MATURES,AND TO PAY MAINTENANCE AND OPERATION EXPENSES OF SUCHFACILITIES, WITH THE DUTY IMPOSED ON FORT BEND COUNTY TOOPERATE SUCH FACILITY AND COLLECT TOLLS OR DELEGATE THEOPERATION OF SUCH FACILITY AND THE COLLECTION OF TOLLS, ASLONG AS ANY OF THE BONDS OR OTHER OBLIGATIONS AREOUTSTANDING AND, TO THE EXTENT TOLL ROAD REVENUES ARE NOTSUFFICIENT TO PAY ALL MAINTENANCE AND OPERATION EXPENSESAND PRINCIPAL AND INTEREST ON THE BONDS OR OTHEROBLIGATIONS, TO ANNUALLY LEVY AN AD VALOREM TAX ON ALLTAXABLE PROPERTY IN SAID COUNTY FOR THE PAYMENT OR SUPPORTOF SUCH BONDS OR OTHER OBLIGATIONS; ALL AS AUTHORIZED BYTHE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, INCLUDINGTHE TEXAS TRANSPORTATION CODE?
II
Houscon: 298949.5 3
PROPOSITION TWO
IN ORDER TO IMPROVE MOBILITY IN FORT BEND COUNTY, SHALL THECOMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS, BEAUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THEBONDS OF THE COUNTY IN THE AMOUNT OF $86,000,000 MATURINGSERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE ORDATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TOEXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTERAUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THEDISCRETION OF THE COMMISSIONERS COURT AT THE TIME OFISSUANCE, FOR THE PURPOSE OF THE CONSTRUCTION ANDIMPROVEMENT OF TRANSPORTATION PROJECTS WITHIN FORT BENDCOUNTY INCLUDING STATE HIGHWAYS, COUNTY ROADS, BRIDGESAND RELATED DRAINAGE, AND SPECIFICALLY THE CONSTRUCTIONAND IMPROVEMENT OF ROADS BRIDGES AND RELATED DRAINAGETHAT CONSTITUTE CONNECTING LINKS AND INTEGRAL PARTS OFCOUNTY ROADS AND STATE HIGHWAYS LOCATED BOTH WITHIN FORTBEND COUNTY AND ALSO WITHIN THE CORPORATE LIMITS OF THECITIES OF SUGAR LAND, TEXAS, MISSOURI CITY, TEXAS, STAFFORD,TEXAS, RICHMOND, TEXAS, ROSENBERG, TEXAS, AND HOUSTON,TEXAS, AND FOR PRELIMINARY ENGINEERING STUDIES, INCLUDINGROUTE ALIGNMENT, TRAFFIC AND REVENUE STUDIES AND RIGHT OFWAY ACQUISITION FOR THE WESTP ARK CORRIDOR FROM FMI464 TOSTATE HIGHWAY 99 AND THE FORT BEND PARKWAY FROM STATEHIGHWAY 6 TO PROPOSED STATE HIGHWAY 99, AND TO LEVY TAXESUPON ALL TAXABLE PROPERTY WITHIN THE COUNTY ANNUALLYSUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES ANDTO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS ASIT MATURES, AS AUTHORIZED BY THE CONSTITUTION AND LAWS OFTHE STATE OF TEXAS, INCLUDING THE TEXAS TRANSPORTATIONCODE?
,.~
Section 4. The Commissioners Court anticipates spending the proceeds from the Roadand Bridge Bonds on the following road and bridge projects:
PROJECT NAME SPECIFICATIONS
Replacement of existing wooden bridges Various locations
West Bellfort Avenue Dairy Ashford to Eldridge
U.S.90A Overpass at BNSF RR
Independence Boulevard FM 2234 to FM 1092
Houst;OR: 298949, S 4
,1
1 University Boulevard Commonwealth to U.S. 59
Settegast Road FM 2234 to Fondren Road
West Airport Boulevard Eldridge To Burney Road
Lane Drive U.S. 90A to Avenue "I" (FM 1640)
West Airport Boulevard SH 6 to FM 1464
1093/Westpark Right-of-Way FM 1464 to SH 99
SH6 Spur 58 to North ofUPRR
U.S.90A U.S. 59 to SH 6
U.S. 90A· Gessner Inter GessnerlFM 2234
U.S. Highway 59 SH 6 to SH 99
Chimney Rock W. Fuqua to Beltway 6
West Bellfort FM 1876 (Eldridge) to SH 6
Voss Road Burney Road to SH 6
Reading Road (ext.) U.S. 59 to FM 2977
College Street FM 2218 to U.S. 59
FM 1640 FM 762 to College Street
McKeever Road SH 6 to Sienna Parkway
U.S.90A Present Street to C.L.
University Boulevard Commonwealth to F.C. LID 2
Stafford Road Beltway 8 to U.S. 90A
Dulles 90A to Avenue E
SH 99 @FM 1093 Grade Separation
SH99 @ U.S. 90A Grade Separation
Fifth Street FM 1092 to 2234
SH 122 (Phase 2) SH 6 to SH99
Houston,298949.55
I,
Voss Road SH 6 to Old Richmond Road
AvenueE Dulles to FM 1092
FM 1464 FM 1093 to SH 99
Collins Road U.S. 90A to FM 359
FM 1093 SH 99 to FM 723
FM359 U.S. 90A to Jones Creek
FM2218 U.S. 59 to FM 1640
Mason Road FM 359 - SH 99
Lamar Drive FM 1640 to FM 2218
Trammel-Fresno Sienna Parkway to SH 6
Bamore Road FM 1640 to U.S. 59
U.S.90A SH 99 to 0.3 miles west of SH 6
Harlem Road U.S. 90A to FM 1093
Staffordshire Road U.S. 90A to FM 2234
Burney Road Voss Road to Florence
Kirkwood Road U.S. 59 to U.S. 90A
Williams WirelRansom U.S. 59 to Loop 762
FM723 U.S. 90A to FM 1093
Trammel· Fresno Road SH 122 to FM 521
SH99 U.S. 59 to Brazoria County Line
Westpark FM 1464 to SH 99
Fort Bend Parkway - Segment B SH 6 to SH 99
Because many of the listed projects anticipate funding from sources other than the County,and because transportation priorities in the County, construction costs of the projects, and the levelof funding from other sources may change, the Commissioners Court reserves the right to issue theBonds for road and bridge projects not currently included in the projects contained recited above.
Houston: 298949.56
I~1
_'.1.~-.,
,j
--,
Section 5. Optical-Scan ballots, an electronic voting system, as defined and describedby Title 8, Texas Election Code, shall be used for said election, and the Manager and PresidingJudge of the Central COWlting Station may appoint clerks to serve at the Central COWlting Station.The official ballot for the election shall be prepared in accordance with the Texas Election Code soas to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS which shallbe set forth on such ballot in substantially the following form:
OFFICIAL BALLOT
PROPOSITION ONE
[ ] FOR )) THE SUPPORT OR ISSUANCE BY FORT) BEND COUNTY OFTOLL ROAD REVENUE)------ BONDS, IN THE AMOUNT OF $140,000,000,) PAYABLE FROM A PLEDGE OF TOLL) REVENUES AND, IF NECESSARY, THE) LEVYOFTAXESTOREPAYTHEBONDS)[ ] AGAINST
Bou.ton: H8949. 5 7
.!
PROPOSITION TWO
[ ] FOR )))-----)))
THE ISSUANCE OF FORT BENDCOUNfY GENERAL OBLIGATION BONDSFOR ROADS AND BRIDGES IN THEAMOUNT OF $86,000,000
[ ] AGAINST
Early voting shall be conducted by Steve Raborn, Elections Administrator, and :
William B. Travis Building301 Jackson Street, Suite 609
Richmond, TX
is hereby designated as the place for early voting for said election and the address to which earlyballot applications and early ballots voted by mail may be sent.
The early voting clerk shall keep the place for early voting open at the following times on therespective dates shown below:
Monday-FridaySaturdaySundayMonday-Friday
October 23-27October 28October 29October 30-November 3
8:00 a.m. to 5:00 p.m.7:00 a.m. to 7:00 p.m.12:00 p.m. to 5:00 p.m.7:00 a.m. to 7:00 p.m.
,-~
Houllt.on:298949.5 8
Inaddition, pursuant to Section 85.062, Election Code, early voting by personal appearanceshall be conducted at the following temporary branch offices at the times and on the respective datesshown below:
Missouri City Community Center1522 Texas ParkwayMissouri City, TX
Garcia Middle School18550 Old Richmond Road
Sugar Land, TX
Precinct 4 Office Building8l00FM 359Fulshear, TX
Monday-FridaySaturdaySundayMonday-Friday
Arcola City Hall13222 Highway 6
Arcola, TX
October 23-27October 28October 29October 30-November 3
8:00 a.m. to 5:00 p.m.7:00 a.m. to 7:00 p.m.12:00 p.m. to 5:00 p.m.7:00 a.m. to 7:00 p.m.
Early voting shall also be conducted at the following temporary branch offices at the timesand on the respective dates shown below:
University of Houston at Cinco Ranch4242 South Mason Road
Katy, TX
Chasewood Clubhouse7622 Chasewood Drive
Houston, TX
Meadows Place City HallOne Troyan Drive
Meadows Place, TX
Houaton:298949. S 9
First Colony Conference Center3232 Austin Parkway
Sugar Land, TX
Needville Road & Bridge Service Center9110 Long Street
Needville, TX
Monday-FridaySaturdaySunday(*)Monday-Friday
October 23-27October 28October 29October 30-November 3
10:00 a.m. to 7:00 p.m.7:00 a.m. to 7:00 p.m.12:00 p.m. to 5:00 p.m.7:00 a.m. to 7:00 p.m .....
,~ (*) NOTE - the University of Houston at Cinco Ranch will not be open on Sunday.
Section 6. Notice of such election shall be given by posting a substantial copy of thiselection order, in English and Spanish, on the bulletin board at the County Courthouse used forposting notices of Commissioners Court meetings, and at three other places in the County, not lessthan 21 days prior to the date set for the election; and a substantial copy of this election order, inEnglish and Spanish, also shall be published on the same day in each of two successive weeks in anewspaper of general circulation published in the County, the date of the first publication to be notmore than 30 days and not less than 14 days prior to the date set for the election.
Section 7. In all matters relating to the ordering, giving notice, and holding the election,the County shall comply with the applicable parts of the Texas Election Code, including particularlyChapter 272 of the Texas Election Code pertaining to bilingual requirements and the Federal VotingRights Act of 1965, as amended.
Section 8. It is hereby officially found and determined that notice of the meeting atwhich this order is adopted was given as required by the Texas Open Meetings Act, and that suchmeeting has been open to the public at all times when this order was discussed and acted on.
...,j Section 9. This order shall take effect immediately upon adoption .
Houston: 298949.5 10
-> ••
•PASSED AND APPROVED tho 19th do, ~":&."h::7
Isf esc.~
County Judge
~:G< )
ATTEST:
es patteson~~
.ssioner,Precinct4
, ::
, :(COM.CT.SEAL)
'";-;> ..: ••...';'~'"~;':;~;~;,.,:: .
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Houston, 298949, S 11
PfjBLISHEKS A.F.FIDAVITe.c iCd f:\c..c. h<D V'I5
THE STATE OF TEXAS §COUNTY OF FORT BEND §
Before me, the undersigned authority, on this day personally appeared Clyde C. King, Jr. who being byme duly sworn, deposes and says \hat he is the Publisher of The Herald-Coaster and that said newspapermeets the requirements of Section 2051.044 of the Texas Government Code, to wit:
I. it devotes not less than twenty-five percent (25%) of itstotal column lineage to general interest items;
(CLIPPING) (5)
2. 'it is published at least once each week;
3. it is entered as second-class postal matter in the countywhere it is published; and
4. it has been published regularly and continuously since1892.
5. it is generally circulated within Fort Bend County.
o>
\
'"...J\o~Publisher further deposes and says that the attached notice
was published in said newspaper on the following date(s) to wit:
c1yAe c. King, Jr.Editor and Publisher
x fORT Bf~DCOUNTY AUDITO;!:,
SUBSCRIBED AND SWORN BEFORE ME by __Clvde C. King. Jr. , who
on this the 3/ day of Dci-()bec .A.D. 2000,to certify which witness my hand and seal of office. ,
~~/Notary Public, St-ateQ1'e;as "
e..BOBBIE TALlAS• NOTARY PUBUC• STATE OF TEXAS
My Comn15~an Elcplru 1211112001
To the registered VOlllfS ollhe County 01 FOI'I Belld, TeJlas 3069(a fo~VO'8"tll'S mgts'r8dOs del CondIIdO de For18eod, re.tss) ~~
Nolice is hereby given thalli'll! polling plica, li,Ied below wIll be open lrom 7:00 a.m. 10 7:00 =p.m., November 7. 2000 lor voting In a gllntl,allll9Ctlon 10 elect PresldenUSlI Elector., Memben 3095of Congress, Members 01 1M Legislature. IInd slMe, dlslrlcl, and county otfIcerI: and !of votingIn. speciale.cllon lor the purpose 01 adopting or relectlng propqsitlons lor (1) the suPPOrt or 3096issulnce by Fort Bend Counly of toft road AMlnUIi bonds, In Itlll amount of $140,000,000, 3097~abIe 110m. pledge 01 loR ,.... ftU4lSn, II~s .. ry.the Itv)' 01 lun to reply 1M bondI: 3098and {21b lnuance 01 Fort Bend County general obIIption bo4'lds lor rtMIds and bridges In f'Ie 3099.moun! of 188.000,000
• 3100(NoI'~, PO' /lis preS'll""', ~ I., e-5i/ltJS ~r:totah15 $i'lidos abejo •• ."",.. tiNe» w7,OOa,m has' •• ' 7:00pm. el7 de novienlbtw de2000para YO'.' en" E1ecId6n ~".,.. 3101e~ E1ftcfofH PrHIdMci."'. Miembros del CongtM/), MiembrOS de " L.",.,.Itn. Y otIciMs~ 8s'.do, dlsIrlfo. COftlMdo Y eMlprecJrrcto Ypara "',., en" EffIcd6n EIPfICW 1M" tMIoptero 3112'duel lit, prfJpOsidorles para fa ,m/$IOn de (I' deI,.",.1do 0 emJsIon dt1I CondIIdo de Fort 3121Bend dfI""D,OOO.DOO en bMof de ingrHOJ de"",""" de tw* ~ de ~ ptMhde /ngrnO:f de PMje 10 $/ /ue,. neuurlo, ., gntl'llmM dfI fmpuesm"."""" lot bMoI; y 3122(2) dtI ,. /tfTIJsJon dtJ 186.000,000 en bonos tkI dwtM ~mI del CCIfIdado" Fort 8Md".,.t'a~ Y puMfw.. 3126
LOCATfOHS OF POWNO PLACES: 3127(DIRECCIO!I(ESJ DE LAS CASILLAS ELECTORALES:)
FOft lend County PoIltng P...Precinct100'100''00''008101010121015
". ..' .....BIIplist Church 18000BIua RIdge AdWlllowlidge ffigh School 16301 Chkmay Rock AdMaylalr PI'" CMc Cenlar eooe ArthIngton AveMustang CommunityCenterEa$l End ,,"rIP. BuiIdlngIglnla La VIda En CfII10E.... HIgh SChoolSe.tIord CMc CenterMIssouri CIly Communityc.nt.r 1522 Teus Park""Glower SarNntary SChool 1510 ColumblI Blue OrQIvver Elementary SChooIt5tO ColumbIa"" OrGlover Elltment8ry SCtIOCII1510 ColIr1tiIBtua Orato- ElerncMlary Sc:tloat t510 CoIumbilBlua DrEat End AnnllJI BuIldIng 303 rex. PlmrayEall1 End AMell BulkIng 303 Taxa. Partcwayeast End Annex Bulkflng 303 Taxal ParkwaySIaIford Civic Cante. 1415 Conslltullon AveEat End An". BuIldIng 303 Texas Park-rEast End Annal 8uIIdInV 303 Texal PamrIlyStafford CIvIc center 1415 CantdIuIIon ""51alford Civic Canlar 1415 ConstIlutIon AveEast End Annex BuIlding 303 Texas .PlirkMyStafford CIvIc: Center 1415 ConItlIuIIon AveEast End Annex Building 303 TlIlW ParkWayE•• t End ArInelI Building 303 Ta•• ParkwayIglall. La VIda En CrlslO 2735 A1Ih St~vw., En Cr1sIo 2735 FIfItc si-""CIly
-"""""~PIKIICItyHdM.adcMs PIIlCII Cily HallReal Faith ChriItianF_Unlversl!y of Houlton atCInea Aanc:h 4242 S. Mason RdSWinging Door Restaurant 3714 FM 359Sugar Creak COuntry Club 420 &uoar CNak 8fvdKaty 180 AdrrmIItrallon
""'"Sugar LandChurch 01 GodMalltlowt PIKa Clly HallTowna W,st Town HalSouthwest C.1vatyBaptilt ChurchGrand ParkwayBIptlsI ChurchHIghl8ndI EtamanlarySd100llWIsourl CIty Public....., ........_ ......Ib'i6OWllCIrs AasocIetion 1~18 RouIown aMIssion Glen Blmenl:ary
WllIlam B. TravII BuIldIng • 301 J.cMon 91,..., SuIte 8011. Richmond. TexasMIuot.wt ClIy Comr1'AlnMy center . 1522"'" hrkwar. MIAourI City, ,....Oardtl MIdI:h SChool • 11550 Old Richmond Aaed. SUgar land. TunPrac:lnet 4 orb BuItdIng. 8100 FM 359. F.,...,.....
. "fCOII City Hall- 13222 ~ 8, ArcoIe T....
011.. (ledralCk:tob&t' 23 • 27. 2000(octuOra 13· ~1.fOOD)CJctcIber 28. 2000(ocfIJtd II. 2000JOctober n. 2000(octuOra H. 2000)OCtober 30· November 3,2000(oclLCn 30· ~ 3. 2000)
AppIcdont lor ballot by IM~ should be maJIad to:(La «l#IdIIIdIH".,. boIala. qw .. KJfIINn 1ldeIan"" por r:ot1fIO deberM ~,.. a:)._-
Fort Bend County' EIactIona AdmInlllAItor301 Jadcson StrMt, SuIte 824RIchmOnd. Taxa 7740-3108Phone: (281) 341-8870
ApplIcatIons !of bdoI by mill mull be received no !II'" than ... doN of buaInaI. onoetaIIat' 3t. 2000.
(L.. ~If"'" bOIlIlU que .. I'OIIflIln ~ porcorNO ~ rKibltN"." eItin",,.. hoIU dIt rwtgOCItJ., d'- 31 tM octuOra.2000.)
t-...d lttla the1O!h day Of Odobar, 2000,(EmIrada" d{1 fO df or:tuM. 2000.'
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CERTIFICATE OF POSTING
THE STATE OF TEXASCOUNTY OF FORT BEND '
I, the undersigned, do hereby certify that I posted a true and correct copy of the Notice ofBond Election (in the English language and in the Spanish language) of Fort Bend County, Texas, tobe held on the 7th day of November, 2000, at the County Courthouse and at three (3) other publicplaces within the County, to wit:
(1) foct'1?e-w! c..r,,~~f.\~c-h"",c{,:(2) fo<\ &.wl. Cc"'4 E£L~'~fhJ band
(3) M\<;.SM.p C+, (,~l-kuI further certify that all of the Notices were posted by me at the County Courthouse and at
three (3) other public places within the County on the It~ day of October, 2000, not less than 21days prior to the date of the election.
WITNESS MY HAND this Ib"" day of October, 2000.
~:;Fort Bend County, Texas
,.,.,
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i:.j
~
~,1
CERTIFICATE FOR ORDER
THE STATE OF TEXAS §COUNTY OF FORT BEND §
We, the undersigned officers of the Commissioners Court of Fort Bend County, Texas,hereby certify as follows:
I. The Commissioners Court of Fort Bend County, Texas, convened at a regular meetingof said Court at the Fort Bend County Courthouse in the City of Richmond, Texas, on the 14th dayof November, 2000, and the roll was called of the duly constituted officers and members of saidCourt, to wit:
James C. AdolphusR. L. "Bud" O'ShielesGrady PrestageW. A. "Andy" MeyerJames Patterson
County JudgeCommissioner, Precinct ICommissioner, Precinct 2Commissioner, Precinct 3Commissioner, Precinct 4
and all of said persons were present, except the following absentee(s): _-'.{\-\>::;.LJO~L"",,- ---,-
thus constituting a quorum. Whereupon, among other business, the followingwas transacted at saidmeeting: a written
ORDER CANVASSING RETURNS ANDDECLARING RESULTS OF ELECTION
was duly introduced for the consideration of the Commissioners Court and read in full. It was thenduly moved and seconded that said order be adopted; and, after due discussion, said motion, carrying
J with it the adoption of said order, prevailed and carried by the following vote:
AYES: All members shown present above voted Aye.NOES: None.
2. A true, full and correct copy of the aforesaid order adopted at the meeting described inthe above and foregoing paragraph is attached to and follows this certificate; that said order has beenduly recorded in the Commissioners Court's minutes of said meeting; that the above and foregoing
~ paragraph is a true, full and correct excerpt from the Commissioners Court's minutes of said meetingpertaining to the adoption of said order; that the persons named in the above and foregoing paragraphare the duly chosen, qualified and acting officers and members of the Commissioners Court asindicated therein; that each of the oflicers and members of the Commissioners Court was duly andsufficiently notified oflicially and personally, in advance, of the date, hour, place and purpose of theaforesaid meeting, and that said order would be introduced and considered for adoption at said
../. iI'• •
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meeting, and each of said officers and members consented, in advance, to the holding of saidmeeting for such purpose; that said meeting was open to the public as required by law; and thatpublic notice of the date, hour, place and subject of said meeting was given as required by the TexasOpen Meetings Act.
SIGNED AND SEALED this 14th day of November, 2000.
DIANNE WILSON. ,.'
:~>(SEAL)_..... ....... ' ' .
. '. '.. ./' ....... '.. .'.', I".:':: '.
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•
I
I ORDER CANVASSING RETURNS ANDDECLARING RESULTS OF ELECTION
-~:
WHEREAS, there was held in Fort Bend County, Texas, on the 7th clay of November,2000, an election at which there was submitted to all duly qualified residtJ!lt electors of theCounty for their action thereon, the following propositions: (1) the support or issuance by FortBend County oftoll road revenue bonds, in the amount of $140,000,000, payable from a pledgeof toll revenues and, if necessary, the levy of taxes to repay the bonds and (2) the issuance ofFort Bend County general obligation bonds for roads and bridges in the amount of $86,000,000;and
WHEREAS, there were cast at the election:
PROPOSITION NO. ONE
FOR THE SUPPORT OR ISSUANCE BY FORT BEND COUNTYOF TOLL ROAD REVENUE BONDS, IN THE AMOUNT OF$140,000,000, PAYABLE FROM A PLEDGE OF TOLL REVENUESAND, IF NECESSARY, THE LEVY OF TAXES TO REPAY THEBONDS 67,848 votes
AGAINST THE SUPPORT OR ISSUANCE BY FORT BENDCOUNTY OF TOLL ROAD REVENUE BONDS, IN THEAMOUNT OF $140,000,000, PAYABLE FROM A PLEDGE OFTOLL REVENUES AND, IF NECESSARY, THE LEVY OFTAXES TO REPAY THE BONDS 35,827 votes
PROPOSITION NO. TWO
..~
FOR THE ISSUANCE OF FORT BEND COUNTY GENERALOBLIGATION BONDS FOR ROADS AND BRIDGES INTHE AMOUNT OF $86,000,000
AGAINST THE ISSUANCE OF FORT BEND COUNTYGENERAL OBLIGATION BONDS FOR ROADS ANDBRIDGES IN THE AMOUNT OF $86,000,000
82,223 votes
21,243 votes
as shown in the official election returns heretofore submitted to the Commissioners Court of theCounty and duly filed with the County Clerk of the County; and
WHEREAS, the election was called and held in all respects under and in strictconformity with the Constitution and laws of the State of Texas and the United States ofAmerica;
I THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED BY THECOMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS:
1 Section 1: The election held in and throughout Fort Bend County, Texas, on the 7thday of November, 2000, which election is more particularly described in the preamble of thisorder, was duly called and notice thereof was given and the election was held under and in strictconformity with law; that only duly qualified resident electors of the County voted at theelection; that due returns of the election have been made by the proper officers; that the electionhas resulted favorably to the issuance of the bonds mentioned in the preamble of this order; andthat a majority of the qualified voters voting in the election have voted in favor of the issuance ofsuch bonds and the levy of a tax for payment thereof.
)..
Section 2: The Commissioners Court is now authorized to issue all of the bondsdescribed above, and to do any and all things necessary and/or convenient in connectiontherewith.
PASSED AND APPROVED this 14th day of November, 2000.
Is! James C. Adolphus
County Judge
Is! R. L. "Bud" O'Shieles
Commissioner, Precinct 1
Is! Grady Prestage
Commissioner, Precinct 2
Is! W. A. "Andy· Meyers
Commissioner, Precinct 3
.~ Is! James Patteson
Commissioner, Precinct 4ATTEST:
Is! Dianne Wilson
County Clerk
(COM ..CT. SEAL)
1 CERTIFICATE FOR ORDER)
THE STATE OF TEXAS §,B COUNTY OF FORT BEND §
We, the undersigned officers of the Commissioners Court of Fort Bend County, Texas, herebycertify as follows:
I. The Commissioners Court ofF ort Bend County, Texas, convened at a special meetingof said Court at the Fort Bend County Courthouse in the City of Richmond, Texas, on the 29th day ofMarch, 2001, and the roll was called of the duly constituted officers and members of said Court, to
.,!' wit:
James C. Adolphus County JudgeTom Stavinoha Commissioner, Precinct IGrady Prestage Commissioner, Precinct 2Andy Meyers Commissioner, Precinct 3James Patterson Commissioner, Precinct 4
and all of said persons were present, except the following absentee(s): :svOyg P\A9\~D0Sthus constituting a quorum. Whereupon, among other business, the following wasi(ansacted at saidmeeting: a written
ORDER AUTHORIZING THE ISSUANCE OF $29,000,000 FORT BENDCOUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES 2001
was duly introduced for the consideration of the Commissioners Court and read in fulL It was thenduly moved and seconded that said order be adopted; and, after due discussion, said motion, carryingwith it the adoption of said order, prevailed and carried by the following vote:
AYES: All members shown present above voted Aye.NOES: None,
.. ,
2, A true, full and correct copy of the aforesaid order adopted at the meeting described inthe above and foregoing paragraph is attached to and follows this certificate; that said order has beenduly recorded in the Commissioners Court's minutes of said meeting; that the above and foregoingparagraph is a true, full and correct excerpt from the Commissioners Court's minutes of said meetingpertaining to the adoption of said order; that the persons named in the above and foregoing paragraphare the duly chosen, qualified and acting officers and members of the Commissioners Court asindicated therein; that each of the officers and members of the Commissioners Court was duly andsufficiently notified officially and personally, in advance, of the date, hour, place and purpose of theaforesaid meeting, and that said order would be introduced and considered for adoption at saidmeeting, and each of said officers and members consented, in advance, to the holding of said meeting
'/
-jfor such purpose; that said meeting was open to the public as required by law; and that public noticeof the date, hour, place and subject of said meeting was given as required by the Texas OpenMeetings Act.
SIGNED AND SEALED this 29th day of March, 2001.
county Judge. . (ol.mty Clerk........ ",
.~.:.jf';; :"'.' :"
.". '..:':(SEAL)
~.'.~.. '..,.- ,,' .'., .
ORDER AUTHORIZING THE ISSUANCE OF S29,000,000 FORT BENDCOUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES 2001
THE STATE OF TEXAS §COUNTY OF FORT BEND §
WHEREAS, the bonds hereinafter authorized were duly and favorably voted at electionsheld in Fort Bend County, Texas (the "County") on the 7th day of November, 2000 (the"Election''''); and
WHEREAS, the County hereby finds that the road projects contemplated in the Electionand financed under the tenns of this Order constitute connecting links and integral parts of thecounty roads and state highways located in Fort Bend County; and
WHEREAS, the Commissioners Court of the County does hereby detennine that bondsin the amount of S29,000,000 should be issued as a portion and the first installment of theS86,000,000 road bonds voted at election mentioned above, leaving the remaining S57,000,000of such bonds to be issued, sold, and delivered at a later date; Now, Therefore
BE IT ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERSCOURT OF FORT BEND COUNTY, TEXAS:
I. Recitals. It is hereby found and determined that the matters and facts set out inthe preamble to this Order are true and correct.
2. Definitions. Throughout this Order the following tenns and expressions as usedherein shall have the meanings set forth below:
"Act" means Chapter 1471, Texas Government Code, as amended.
"Attorney General" means the Attorney General of the State of Texas.
"Blanket Issuer Letter of Representations" means the Blanket Issuer Letter ofRepresentations between the County, the Registrar and DTC.
"Bond" or "Bonds" mean the S29,000,000 Fort Bend County, Texas, Unlimited Tax RoadBonds, Series 2001 authorized in this Order, unless the context clearly indicates otherwise.
"Business Day" means any day which is not a Saturday, Sunday, a day on which bankinginstitutions in Dallas, Texas, are authorized by law or executive order to close, or a legal holiday.
"Closing Date" means the date of the initial delivery of and payment for the Bonds.
"Code" means the Internal Revenue Code of 1986, as amended.
"Comptroller" means the Comptroller of Public Accounts of the State of Texas.
"County" means Fort Bend County, Texas.
"DTC" means The Depository Trust Company of New York, New York, or any successorsecurities depository.
"DTC Participant" means brokers and dealers, banks, trust companies, clearingcorporations and certain other organizations on whose behalf DTC was created to hold securitiesto facilitate the clearance and settlement of securities transactions among DTC Participants.
"Initial Bond" means the Initial Bond authorized by Section 6(d).
"Interest and Sinking Fund" means the interest. and sinking fund established by theCounty pursuant to Section 20 of this Order.
"Interest Payment Date", when used in comlection with any Bond, means September 1,2001, and each March 1 and September 1 thereafter until maturity or earlier redemption.
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be anationally recognized municipal securities information repository within the meaning of the Rulefrom time to time.
"Order" as used herein and in the Bonds means this order authorizing the Bonds.
"Owner" means any person who shall be the registered owner of any outstanding Bond.
"Purchase Contract" means the contract between the County and the Underwriterdescribed in Section 23 of this Order.
"Record Date" means, for any Interest Payment Date, the close of business on the 15th'0 day of the calendar month next preceding such Interest Payment Date.
"Register" means the books of registration kept by the Registrar in which are maintainedthe names and addresses of and the principal amounts registered to each Owner.
"Registrar" means The Chase Manhattan Bank, and its successors in that capacity.
"Rule" means SEC Rule l5c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means the Municipal Advisory Council of Texas, which has been designated bythe State of Texas as, and determined by the SEC staff to be, a state information depositorywithin the meaning of the Rule.
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I
J"Underwriter" means Loop Capital Markets, LLC and Coastal Securities.
I, 3. Authorization. The Bonds shall be issued pursuant to the Act in fully registeredform, without coupons, in the total authorized principal amount of Twenty-Nine Million Dollars$29,000,000) for the purpose of the construction and improvement of transportation projectswithin Fort Bend County including state highways, county roads, bridges and related drainage,and specifically the construction and improvement of roads, bridges and related drainage thatconstitute connecting links and integral parts of county roads and state highways located bothwithin Fort Bend County and also within the corporate limits of the cities of Sugar Land, Texas,Missouri City, Texas, Stafford, Texas, Richmond, Texas, Rosenberg, Texas, and Houston,Texas, and for preliminary engineering studies, including route alignment, traffic and revenuestudies and right of way acquisition for the Westpark corridor from Fml464 to State Highway 99and the Fort Bend Parkway' from State Highway 6 to proposed State Highway 99.
4. Designation, Date, and Interest Payment Dates. The Bonds shall be designated asthe "FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES 2001",and shall be dated April I, 2001. The Bonds shall bear interest at the rates set out in Section 5 ofthis Order, from the later of April I, 200 I, or the most recent Interest Payment Date to whichinterest has been paid or duly provided for, calculated on the basis of a 360 day year of twelve 30
day months.
5. Initial Bonds; Numbers and Denominations. The Bonds shall be issued in theprincipal amounts and bearing interest at the rates set forth in the following schedule, and may betransferred and exchanged as set out in this Order. The Bonds shall mature on March I in eachof the years and in the amounts set out in such schedule. The Initial Bond shall be numbered I-Iand all other Bonds shall be numbered in sequence beginning with R-I Bonds delivered ontransfer of or in exchange for other Bonds shall be numbered in order of their authentication bythe Registrar, shall be in the denomination of $5,000 or integra! multiples thereof, and shallmature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of which.
6. Execution and Registration of Bonds. (a) The Bonds shall be signed by theCounty Judge, countersigned by the County Clerk, and registered by the County Treasurer bytheir manual, lithographed, or facsimile signatures, and the official seal of the CommissionersCourt shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bondsshall have the same effect as if each of the Bonds had been signed manually and in person byeach of said officers, and such facsimile seal on the Bonds shall have the same effect as if theofficial seal of the County had been manually impressed upon each of the Bonds.
(b) If any officer of the County whose manual or facsimile signature shall appear onthe Bonds shall cease to be such officer before the authentication of such Bonds or before thedelivery of such Bonds, such manual or facsimile signature shall nevertheless be valid andsufficient for all purposes as if such officer had remained in such office.
(c) Except as provided below, no Bond shall be valid or obligatory for any purpose orbe entitled to any security or benefit of this Order unless and until there appears thereon theRegistrar's Authentication Certificate substantially in the form provided herein, dulyauthenticated by manual execution by an officer or duly authorized signatory of the Registrar. Inlieu of the executed Registrar's Authentication Certificate described above, the Initial Bonddelivered at the Closing Date shall have attached hereto the Comptroller's RegistrationCertificate substantially in the form provided herein, manually executed by the Comptroller, or .by his duly authorized agent, which certificate shall be evidence that the Initial Bond has beenduIy approved by the Attorney General of the State of Texas and that it is a valid and bindingobligation of the County, and has been registered by the Comptroller.
(d) On the Closing Date, the Initial Bond, being a single bond representing the entireprincipal amount of the Bonds, payable in stated installments to the Underwriter or its designee,executed by manual or facsimile signature of the County Judge, County Clerk and CountyTreasurer, approved by the Attorney General, and registered and manually signed by theComptroller, shall be delivered to the Underwriter or its designee. Upon payment for the InitialBond, the Registrar shall cancel the Initial Bond and deliver definitive Bonds to the Registrar.
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7. Payment of Principal and Interest. The Registrar is hereby appointed as thepaying agent for the Bonds. The principal of the Bonds shall be payable, without exchange orcollection charges, in any coin or currency of the United States of America which, on the date ofpayment, is legal tender for the payment of debts due the United States of America, upon theirpresentation and surrender as they become due and payable, whether at maturity or by prior
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redemption, at the principal payment office of the Registrar in Dallas, Texas. The interest oneach Bond shall be payable by check payable on the Interest Payment Date, mailed by theRegistrar on or before each Interest Payment Date to the Owner of record as of the Record Date,to the address of such Owner as shown on the Register.
1• If the date for payment of the principal of or interest on any Bond is not a Business Day,then the date for such payment shall be the next succeeding Business Day, with the same forceand effect as if made on the original date payment was due.
8. Successor Registrars. The County covenants that at all times while any Bonds areoutstanding it will provide a commercial bank or trust company, organized under the laws of theUnited States or any state and authorized to serve as and perform the duties and services ofRegistrar for the Bonds. The County reserves the right to change the Registrar on not less than60 days written notice to the Registrar, so long as any such notice is effective not less than 60days prior to the next succeeding principal or interest payment date on the Bonds. Promptlyupon the appointment of any successor Registrar, the previous Registrar shall deliver theRegister or copies thereof to the new Registrar, and the new Registrar shall notify each Owner,by United States mail, first class postage prepaid. of such change and of the address of the newRegistrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreedto the provisions of this Section.
9. Special Record Date. If interest on any Bond is not paid on any Interest PaymentDate and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a newrecord date for the payment of such interest, to be known as a Special Record Date. TheRegistrar shall establish a Special Record Date when funds to make such interest payment arereceived from or on behalf of the County. Such Special Record Date shall be fifteen (15) daysprior to the date fixed for payment of such past due interest, and notice of the date of paymentand the Special Record Date shall be sent by United States mail, first class postage prepaid, notlater than five (5) days prior to the Special Record Date, to each affected Owner of record as ofthe close of business on the day prior to the mailing of such notice.
10. Book-Entry Only System. (a) The Initial Bond shall be registered in the name of~] Loop Capital Markets, LLC. Except as provided in Section 11 hereof, all other Bonds shall be
registered in the name of Cede & Co., as nominee ofDTC.
(b) With respect to Bonds registered in the name of Cede & Co., as nominee of DTC,the County and the Registrar shall have no responsibility or obligation to any DTC Participant orto any person on behalf of whom such DTC Participant holds an interest in the Bonds, except asprovided in this Order. Without limiting the immediately preceding sentence, the County and theRegistrar shall have no responsibility or obligation with respect to (i) the accuracy of the records
~ ofDTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds,J (ii) the delivery to any DTC Participant or any other person, other than an Owner, as shown on
the Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii)the payment to any DTC Participant or any other person, other than an Owner, as shown on theRegister, of any amount with respect to principal of. premium, if any, or interest on the Bonds.Notwithstanding any other provision of this Order to the contrary, the County and the Registrar
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shall be entitled to treat and consider the person in whose name each Bond is registered in theRegister as the absolute Owner of such Bond for the purpose of payment of principal of andinterest on the Bonds, for the purpose of giving notices of redemption and other matters withrespect to such Bond, for the purpose of registering transfer with respect to such Bond, and forall other purposes whatsoever. The Registrar shall pay all principal of, premium, if any, andinterest on the Bonds only to or upon the order of the respective Owners, as shown in theRegister as provided in this Order, or their respective attorneys duly authorized in writing, andall such payments shall be valid and effective to fully satisfy and discharge the County'sobligations with respect to payments of principal, premium, if any, and interest on the Bonds tothe extent of the sum or sums so paid. No person other than an Owner, as shown in the Register,shall receive a Bond certificate evidencing the obligation of the County to make payments ofamounts due pursuant to this Order. Upon delivery by OTC to the Registrar of written notice tothe effect that OTC has determined to substitute a new nominee in place of Cede & Co., andsubject to the provisions of this Order with respect to interest checks being mailed to the Ownerof record as of the Record Date, the phrase "Cede & Co." in this Order shall refer to such newnominee ofOTC.
(c) The execution and delivery of the Blanket Issuer Letter of Representations ishereby approved with such changes as may be approved by the Commissioners Court and theCounty Auditor is hereby authorized and directed to execute such Blanket Issuer Letter ofRepresentations.
11. Successor Securities Depository; Transfer Outside Book-Entry Only System. Inthe event that the County, in its sole discretion, determines that the beneficial owners of theBonds shall be able to obtain certificated Bonds, or in the event OTC discontinues the servicesdescribed herein, the County shall (i) appoint a successor securities depository, qualified to act assuch under Section l7(a) of the Securities and Exchange Act of 1934, as amended, notify OTCand OTC Participants, as identified by OTC, of the appointment of such successor securitiesdepository and transfer one or more separate Bonds to such successor securities depository or (ii)notify OTC and OTC Participants, as identified by OTC, of the availability through OTC of·Bonds and transfer one or more separate Bonds to OTC Participants having Bonds credited totheir OTC accounts, as identified by OTC. In such event, the Bonds shall no longer be restrictedto being registered in the Register in the name of Cede & Co., as nominee of OTC, but may beregistered in the name of the successor securities depository, or its nominee, or in whatever nameor names Owners transferring or exchanging Bonds shall designate, in accordance with theprovisions of this Order.
12. Payments to Cede & Co. Notwithstanding any other provision of this Order to thecontrary, so long as any Bonds are registered in the name of Cede & Co., as nominee ofOTC, allpayments with respect to principal of, premium, if any, and interest on such Bonds, and allnotices with respect to such Bonds, shall be made and given, respectively, in the mannerprovided in the Blanket Letter of Representations.
13. Ownership; Unclaimed Principal and Interest. The County, the Registrar and anyother person may treat the person in whose name any Bond is registered as the absolute Ownerof such Bond for the purpose of making payment of principal or interest on such Bond, and for
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all other purposes, whether or not such Bond is overdue, and neither the County nor the Registrarshall be bound by any notice or knowledge to the contrary. All payments made to the persondeemed to be the Owner of any Bond in accordance with this Section shall be valid and effectualand shall discharge the liability of the County and the Registrar upon such Bond to the extent ofthe sums paid.
Amounts held by the Registrar which represent principal of and interest on the Bondsremaining unclaimed by the Owner after the expiration of three years from the date suchamounts have become due and payable shall be reported and disposed of by the Registrar inaccordance with the applicable provisions of Texas law including, to the extent applicable, Title6 of the Texas Property Code, as amended.
14. Registration, Transfer, and Exchange. So long as any Bonds remain outstanding,the Registrar shall keep the Register at the principal payment office of the Registrar in Dallas,Texas, and, subject to such reasonable regulations as it may prescribe, the Registrar shall providefor the registration and transfer of Bonds in accordance with the terms of this Order. .
Each Bond shall be transferable only upon the presentation and surrender thereof at theprincipal payment office of the Registrar in Dallas, Texas, duly endorsed for transfer, oraccompanied by an assignment duly executed by the registered Owner or his authorizedrepresentative in form satisfactory to the Registrar. Upon due presentation of any Bond fortransfer, the Registrar shall authenticate and deliver in exchange therefor, within three (3)Business Days after such presentation, a new Bond or Bonds, registered in the name of thetransferee or transferees, in authorized denominations and of the same maturity and aggregateprincipal amount and bearing interest at the same rate as the Bond or Bonds so presented.
All Bonds shall be exchangeable upon presentation and surrender thereof at the principaloffice of the Registrar for a Bond or Bonds of the same maturity and interest rate and in anyauthorized denomination, in an aggregate principal amount equal to the unpaid principal amountof the Bond or Bonds presented for exchange. The Registrar shall be and is hereby authorized to .authenticate and deliver exchange Bonds in accordance with the provisions of this Section. EachBond delivered in accordance with this Section shall be entitled to the benefits and security ofthis Order to the same extent as the Bond or Bonds in lieu of which such Bond is delivered.
The County or the Registrar may require the Owner of any Bond to pay a sum sufficientto cover any tax or other governmental charge that may be imposed in connection with thetransfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer orexchange shall be paid by the County.
IS. Mutilated, Lost, or Stolen Bonds. Upon the presentation and surrender to theRegistrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor areplacement Bond of like maturity, interest rate and principal amount, bearing a number notcontemporaneously outstanding. If any Bond is lost, apparently destroyed, or wrongfully taken,the County, pursuant to the applicable laws of the State of Texas and in the absence of notice orknowledge that such Bond has been acquired by a bona fide purchaser, shall authorize and the
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Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate andprincipal amount, bearing a number not contemporaneously outstanding.
The County or the Registrar may require the Owner of a mutilated Bond to pay a sumsufficient to cover any tax or other governmental charge that may be imposed in connection
1 therewith and any other expenses connected therewith, including the fees and expenses of thefJ Registrar.
The County or the Registrar may require the Owner of a lost, apparently destroyed orwrongfully taken Bond, before any replacement Bond is issued, to:
(I) furnish to the County and the Registrar satisfactory evidence of theownership of and the circumstances of the loss, destruction or theft of such Bond;
(2) furnish such security or indemnity as may be required by theRegistrar and the County to save them harmless;
(3) pay all expenses and charges in connection therewith, including,but not limited to, printing costs, legal fees, fees of the Registrar and any tax orother governmental charge that may be imposed; and
(4)Registrar.
meet any other reasonable requirements of the County and the
If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieuof which such replacement Bond was issued presents for payment such original Bond, theCounty and the Registrar shall be entitled to recover such replacement Bond from the person towhom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall beentitled to recover upon the security or indemnity provided therefor to the extent of any loss,damage, cost or expense incurred by the County or the Registrar in connection therewith.
If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become oris about to become due and payable, the County in its discretion may, instead of issuing areplacement Bond, authorize the Registrar to pay such Bond.
Each replacement Bond delivered in accordance with this Section shall be entitled to thebenefits and security of this Order to the same extent as the Bond or Bonds in lieu of which suchreplacement Bond is delivered.
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16. Cancellation of Bonds. All Bonds paid in accordance with this Order, and allBonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered inaccordance herewith, shall be canceled and destroyed upon the making of proper recordsregarding such payment. The Registrar shall furnish the County with appropriate certificates ofdestruction of such Bonds.
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17. Optional Redemption. The Bonds are subject to optional redemption as set forthin the Form of Bond in this Order.
Principal amounts may be redeemed only in integral multiples of $5,000. If a Bondsubject to redemption is in a denomination larger than $5,000, a portion of such Bond may beredeemed, but only in integral multiples of $5,000. Upon surrender of any Bond for redemptionin part, the Registrar, in accordance with Section 14 hereof, shall authenticate and deliver inexchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principalamount equal to the unredeemed portion of the Bond so surrendered.
Notice of any redemption identifYing the Bonds to be redeemed in whole or in part shallbe given by the Registrar at least thirty days prior to the date fixed for redemption by sendingwritten notice by first class mail to the Owner of each Bond to be redeemed in whole or in part atthe address shown on the Register. Such notices shall state the redemption date, the redemptionprice, the place at which Bonds are to be surrendered for payment and, if less than all Bondsoutstanding of a particular maturity are to be redeemed, the numbers of the Bonds or portionsthereof of such maturity to be redeemed. Any notice given as provided in this Section shall beconclusively presumed to have been duly given, whether or not the Owner receives such notice.By the date fixed for redemption, due provision shall be made with the Registrar for payment ofthe redemption price of the Bonds or portions thereof to be redeemed, plus accrued interest to thedate fixed for redemption. When Bonds have been called for redemption in whole or in part anddue provision has been made to redeem same as herein provided, the Bonds or portions thereofso redeemed shall no longer be regarded as outstanding except for the purpose of receivingpayment solely from the funds so provided for redemption, and the rights of the Owners tocollect interest which would otherwise accrue after the redemption date on any Bond or portionthereof called for redemption shall terminate on the date fixed for redemption.
18. Forms. The form of the Bonds, including the form of the Registrar'sAuthentication Certificate, the form of Registration Certificate of the Comptroller, the form ofAssignment, and the form of Statement of Insurance shall be, respectively, substantially as·follows, with such additions, deletions and variations as may be necessary or desirable and notprohibited by this Order:
(a) Form of Bond.
UNITED STATES OF AMERICASTATE OF TEXAS
COUNTY OF FORT BEND
REGISTEREDDENOMINATION$._---
REGISTEREDNUMBER
:J FORT BEND COUNTY, TEXASUNLIMITED TAX ROAD BOND
SERIES 2001
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iA
----,.1.J
INTEREST RATE: MATURITY DATE:March 1,20_
ISSUE DATE:April I, 200I
CUSIP:
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
Fort Bend County, Texas (the "County"), promises to pay to the registered owneridentified above, or registered assigns, on the maturity date specified above, upon presentationand surrender of this Bond at The Chase Manhattan Bank (the "Registrar"), at its principalpayment office in Dallas, Texas, the principal amount identified above, payable in any coin orcurrency of the United States of America which on the date of payment of such principal is legaltender for the payment of debts due the United States of America, and to pay interest thereon atthe rate shown above, calculated on the basis of a 360 day year of twelve 30 day months, fromthe later of April I, 200I, or the most recent interest payment date to which interest has beenpaid or duly provided for. Interest on this Bond is payable by check on September I,200 I, andsemiannually thereafter on each March I and September I, mailed to the registered owner asshown on the books of registration kept by the Registrar as of the close of business on the 15thday of the calendar month next preceding each interest payment date.
THIS BOND is one of a duly authorized issue of Bonds, aggregating $29,000,000 (the"Bonds"), issued for the purpose of the construction, purchase, maintenance, and operation ofmacadamized, graveled and paved roads and turnpikes, and the aid therefor, issued under Section52, Article III, Texas Constitution, and laws enacted under the Constitution, by the authority ofan election held for and within the County on November 7, 2000, and pursuant to an orderadopted by the Commissioners Court (the "Order"), which Order is of record in the officialminutes of the Commissioners Court.
THE COUNTY RESERVES THE RIGHT to redeem the Bonds scheduled to mature onor after March 1, 2011, prior to maturity, in whole or from time to time in part, in integralmultiples of $5,000, on March I, 2010, or any date thereafter at a price of par plus accruedinterest on the principal amounts called for redemption to the date fixed for redemption.Reference is made to the Order for complete details concerning the manner of redeeming theBonds.
NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior to thedate fixed for redemption by first class mail, addressed to the registered owners of each Bond tobe redeemed in whole or in part at the address shown on the books of registration kept by theRegistrar. When Bonds or portions thereof have been called for redemption, and due provisionhas been made to redeem the same, the amounts so redeemed shall be payable solely from thefunds provided for redemption, and interest which would otherwise accrue on the amounts calledfor redemption shall terminate on the date fixed for redemption.
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)
'1 THIS BOND is transferable only upon presentation and surrender at the principalpayment office of the Registrar in Dallas, Texas, duly endorsed for transfer or accompanied byan assignment duly executed by the registered owner or his authorized representative, subject tothe terms and conditions of the Order.
.,..."I";
THE BONDS are exchangeable at the principal payment office of the Registrar in Dallas,Texas, for Bonds in the principal amount of $5,000 or any integral multiple thereof, subject tothe terms and conditions of the Order.
THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefitunder the Order unless this Bond is either (i) registered by the Comptroller of Public Accounts ofthe State of Texas by registration certificate attached or affixed hereto or (ii) authenticated by theRegistrar by due execution of the authentication certificate endorsed hereon.
THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges andagrees to be bound by all the terms and conditions of the Order.
THE COUNTY has covenanted in the Order that it will at all times provide a legallyqualified registrar for the Bonds and will cause notice of any change of registrar to be mailed toeach registered owner.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validlyissued and delivered; that all acts, conditions and things required or proper to be performed, toexist and to be done precedent to or in the issuance and delivery of this Bond have beenperformed, exist and have been done in accordance with law; and that annual ad valorem taxes,without legal limit as to rate or amount, sufficient to provide for the payment of the interest onand principal of this Bond, as such interest comes due and such principal matures, have beenlevied and ordered to be levied against all taxable property in the County.
IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimilesignature of the County Judge, countersigned with the manual or facsimile signature of theCounty Clerk, registered by the manual or facsimile signature of the County Treasurer, and theofficial seal of the County has been duly impressed, or placed in facsimile, on this Bond.
(AUTHENTICATION CERTIFICATE (SEAL)County Judge
COUNTERSIGNED: REGISTERED:
County Clerk County Treasurer
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(b) Form of Registration Certificate of Comptroller.
I hereby certify that this Bond has been examined, certified as to validity, and approvedby the Attorney General of the State of Texas, and that this Bond has been registered by theComptroller of Public Accounts of the State of Texas.
WITNESS MY SIGNATURE AND SEAL this -,- .
Comptroller of Public Accountsof the State of Texas(SEAL)
(c) Form of Registrar's Authentication Certificate.
AUTHENTICATION CERTIFICATEIt is hereby certified that this Bond has been delivered pursuant tothe Order described in the text of this Bond.
The Chase Manhattan BankAs Paying AgentlRegistrar
By ----,-------,-------,---::-:- _Authorized SignatureDate of Authentication _
(d) Form of Assignment.
ASSIGNMENT
I...I
For value received, the undersigned hereby sells, assigns, and transfers unto
(Please print or type name, address, and zip code of Transferee)
(Please insert Social Security or Taxpayer Identification Number of Transferee)the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints_-,-_--:---:--,----:-_--:-_--,- __ --,-_---:---.,....,.......,--.,...__ ---:---:,.- attorney to transfer saidBond on the books kept for registration thereof, with full power of substitution in the premises.
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i DATED: _
Signature Guaranteed:Registered OwnerNOTICE: The signature above mustcorrespond to the name of the registeredowner as shown on the face of thisBond in every particular, withoutany alteration, enlargement or changewhatsoever.
NOTICE: Signature must beguaranteed by a member firm of theNew York Stock Exchange or acommercial bank or trust company.
(e) Form of Statement ofInsurance.
STATEMENT OF INSURANCE
Financial Guaranty Insurance Company ("Financial Guaranty") has issued a policy containingthe following provisions with respect to Fort Bend County, Texas, Unlimited Tax Road Bonds,Series 2001 (the "Bonds"), such policy being on file at the principal office of the Paying Agent(the "Paying Agent"): The Chase Manhattan Bank, Houston, Texas.
Financial Guaranty hereby unconditionally and irrevocably agrees to pay for disbursement to theBondholders that portion of the principal of and interest on the Bonds which is then due forpayment and which the issuer of the Bonds (the "Issuer") shall have failed to provide. Due forpayment means, with respect to principal, the stated maturity date thereof, or the date on whichthe same shall have been duly called for mandatory sinking fund redemption and does not referto any earlier date on which the payment of principal of the Bonds is due by reason of call forredemption (other than mandatory sinking fund redemption), acceleration or other advancementof maturity, and with respect to interest, the stated date for payment of such interest.
Upon receipt of telephonic or telegraphic notice, subsequently confirmed in writing, or writtennotice by registered or certified mail, from a Bondholder or the Paying Agent to Financial
.;) Guaranty that the required payment of principal or interest has not been made by the Issuer to thePaying Agent, Financial Guaranty on the due date of such payment or within one business dayafter receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in anaccount with State Street Bank and Trust Company, N.A., or its successor as its agent (the"Fiscal Agent"), sufficient to make the portion of such payment not paid by the Issuer. Uponpresentation to the Fiscal Agent of evidence satisfactory to it of the Bondholder's right to receivesuch payment and any appropriate instruments of assignment required to vest all of suchBondholder's right to such payment in Financial Guaranty, the Fiscal Agent will disburse suchamount to the Bondholder.
As used herein the term "Bondholder" means the person other than the Issuer or the borrower(s)of bond proceeds who at the time of nonpayment of a Bond is entitled under the terms of suchBond to payment thereof
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-j The policy is non-cancellable for any reason.
FINANCIAL GUARANTY INSURANCE COMPANY
(f) The Initial Bond shall be in the form set forth in paragraphs (a), (b), (d) and (e) ofthis Section, except for the following alterations:
(i) immediately under the name of the Bond, the headings"INTEREST RATE" and "MATURITY DATE" shall both becompleted with the words "As Shown Below" and the word"CUSIP"deleted;
(ii) in the first paragraph of the Bond, the words "on the maturitydate specified above" and "at the rate shown above" shall bedeleted and the following shall be inserted at the end of the firstsentence "..., with such principal to be paid in installments onMarch I in each of the years and in the principal amountsidentified in the following schedule and with such installmentsbearing interest at the per annum rates set forth in the followingschedule:
[Information to be inserted from schedule in Section 5]
(iii) the Initial Bond shall be numbered I-I.
19. Legal Opinion; Cusip Numbers; Bond Insurance. The approving opmlOn ofVinson & Elkins L.L.P" Houston, Texas, and CUSIP Numbers may be printed on the Bonds, buterrors or omissions in the printing of such opinion or such numbers shall have no effect on thevalidity of the Bonds.
The purchase of and payment of the premium for municipal bond insurance by theCounty, in accordance with the terms of a commitment for such insurance presented to andhereby approved by the Commissioners Court is hereby authorized. All officials andrepresentatives of the County are authorized and directed to execute such documents and to doany and all things necessary or desirable to obtain such insurance, and the printing on the Bondsof an appropriate legend regarding such insurance is hereby approved.
20. Interest and Sinking Fund; Tax Levy. The proceeds from all taxes levied, assessedand collected for and on account of the Bonds authorized by this Order shall be deposited, ascollected, in a special fund to be designated "Fort Bend County, Texas, Unlimited Tax RoadBonds, Series 2001 Interest and Sinking Fund", While the Bonds or any part of the principalthereof or interest thereon remain outstanding and unpaid, there is hereby levied and there shallbe annually levied, assessed and collected in due time, form and manner, and at the same timeother County taxes are levied, assessed and collected, in each year, a continuing direct annual advalorem tax, without legal limit as to rate or amount, upon all taxable property in the Countysufficient to pay the current interest on the Bonds as the same becomes due, and to provide and
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7i.1
maintain a sinking fund adequate to pay the principal of the Bonds as such principal matures, butnever less than two percent (2%) of the original principal amount of the Bonds each year, fullallowance being made for delinquencies and costs of collection, and such taxes when collectedshall be applied to the payment of the interest on and principal of the Bonds and to no otherpurpose.
To pay the debt service coming due on the Bonds prior to receipt of the taxes levied topay such debt service, there is hereby appropriated from current funds on hand, which are herebycertified to be on hand and available for such purpose, an amount sufficient to pay such debtservice, and such amount shall be used for no other purpose.
The Commissioners Court intends to adopt an Order Levying Taxes for the benefit of theBonds authorized in this Order at their regular meeting on Tuesday, April 3, 200I.
"-9 21. Further Proceedings. After the Bonds to be initially issued shall have beenexecuted, it shall be the duty of the County Judge md other appropriate officials and agents ofthe County to deliver the Bonds to be initially issued and all pertinent records and proceedings tothe Attorney General of the State of Texas, for examination and approval. After the Bonds to beinitially issued shall have been approved by the Attorney General, they shall be delivered to theComptroller for registration. Upon registration of the Bonds to be initially issued, theComptroller (or the Comptroller's bond clerk or an assistant bond clerk lawfully designated inwriting to act for the Comptroller) shall manually sign the Comptroller's Registration Certificateprescribed herein and the seal of said Comptroller shall be impressed, or placed in facsimile,thereon.
22. Sale; Purchase Contract. The Bonds are hereby sold and shall be delivered to theUnderwriter at a price of $28,798,374.00, plus accrued interest to the date of delivery, inaccordance with the terms of the Purchase Contract of even date herewith, presented to andhereby approved by the Commissioners Court, which price and terms are hereby found anddetermined to be the most advantageous reasonably obtainable by the County. The CountyJudge and other appropriate officials of the County are hereby authorized and directed to executethe Purchase Contract on behalf of the County, and the County Judge and all other officers,
"1 agents and representatives of the County are hereby authorized to do any and all things necessaryor desirable to satisfy the conditions set out therein and to provide for the issuance and deliveryof the Bonds.
23. Federal Income Tax Inclusion.
I•. ..J
(a) General Tax Covenant. The County intends that the interest on the Bonds shall beexcludable from gross income for purposes of federal income taxation pursuant to sections 103and 141 through 150 of the Internal Revenue Code of 1986, as amended (the "Code), andapplicable Income Tax Regulations (the "Regulations"). The County covenants and agrees not totake any action, or knowingly omit to take any action within its control that, if taken or omitted,respectively, would cause the interest on the Bonds to be includable in gross income, as definedin section 61 of the Code, for federal income tax purposes. In particular, the County covenantsand agrees to comply with each requirement of this Section; provided, however, that the County
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shall not be required to comply with any particular requirement of this Section if the County hasreceived an opinion of nationally recognized bond counsel ("Counsel's Opinion") that suchnoncompliance will not adversely affect the exclusion from gross income for federal income taxpurposes of interest on the Bonds or if the County has received a Counsel's Opinion to the effectthat compliance with some other requirement set forth in this Section will satisfy the applicablerequirements of the Code and Regulations, in which case compliance with such otherrequirement specified in such Counsel's Opinion shall constitute compliance with thecorresponding requirement specified in this Section.
(b) No Private Use or Payment and No Private Loan Financing. The County shallcertify, through an authorized officer, employee or agent that based upon all facts and estimatesknown or reasonably expected to be in existence on the date the Bonds are delivered, that theproceeds of the Bonds will not be used in a manner that would cause the Bonds to be "privateactivity bonds" within the meaning of section ·141 of the Code and the Regulations promulgatedthereunder. Moreover, the County covenants and agrees that it will make such use of theproceeds of the Bonds including interest or other investment income derived from Bondproceeds, regulate the use of property financed, directly or indirectly, with such proceeds, andtake such other and further action as may be required so that the Bonds will not be "privateactivity bonds" within the meaning of section 141 of the Code and the Regulations promulgatedthereunder.
(c) No Federal Guarantee. The County covenants and agrees not to take any action,or knowingly omit to take any action within its control, that, if taken or omitted, respectively,would cause the Bonds to be "federally guaranteed" within the meaning of section 149(b) of theCode and the applicable Regulations thereunder, except as permitted by section 149(b)(3) of theCode and such Regulations.
(d) No Hedge Bonds. The County covenants and agrees that it has not and will not totake any action, and has not knowingly omitted and will not knowingly omit to take any action,within its control, that, if taken or omitted, respectively, would cause the Bonds to be "hedge .bonds" within the meaning of section 149(g) of the Code and the applicable Regulationsthereunder.
(e) No Arbitrage. The County shall certify, through an authorized officer, employeeor agent that based upon all facts and estimates known or reasonably expected to be in existenceon the date the Bonds are delivered, the County will reasonably expect that the proceeds of theBonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" withinthe meaning of section 148(a) of the Code and the applicable Regulations promulgatedthereunder. Moreover, the County covenants and agrees that it will make such use of theproceeds of the Bonds including interest or other investment income derived from Bondproceeds, regulate investments of proceeds of the Bonds, and take such other and further actionas may be required so that the Bonds will not be "arbitragebonds" within the meaning of section148(a) of the Code and the applicable Regulations promulgated thereunder.
,J
(f) Arbitrage Rebate. If the County does not qualify for an exception to therequirements of section 148(f) of the Code relating to the required rebate to the United States, the
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County will take all necessary steps to comply with the requirement that certain amounts earnedby the County on the investment of the "gross proceeds" of the Bonds (within the meaning ofsection 148(f)(6)(B)of the Code), be rebated to the federal government. Specifically, the Countywill (i) maintain records regarding the investment of the gross proceeds of the Bonds as may berequired to calculate the amount earned on the investment of the gross proceeds of the Bondsseparately from records of amounts on deposit in the funds and accounts of the County allocableto other bond issues of the County or moneys which do not represent gross proceeds of anybonds of the County, (ii) calculate at such times as are required by applicable Regulations, theamount earned from the investment of the gross proceeds of the Bonds which is required to berebated to the federal government, and (iii) pay, not less often than every fifth anniversary dateof the delivery of the Bonds or on such other dates as may be permitted under applicableRegulations, all amounts required to be rebated to the federal government. Further, the Countywill not indirectly pay any amount otherwise payable to the federal government pursuant to theforegoing requirements to any person other than the federal government by entering into anyinvestment arrangement with respect to the gross proceeds of the Bonds that might result in areduction in the amount required to be paid to the federal governmentbecause such arrangementresults in a smaller profit or a larger loss than would have resulted if the arrangement had been atarm's length and had the yield on the issue not been relevant to either party.
(g) Information Reporting. The County covenants and agrees to file or cause to befiled with the Secretary of the Treasury, not later than the 15thday of the second calendar monthafter the close of the calendar quarter in which the Bonds are issued, an information statementconcerning the Bonds, all under and in accordance with section 149(e) of the Code and theapplicable Regulations promulgated thereunder.
(h) Continuing Obligation. Notwithstanding any other provision of this Order, theCounty's obligations under the covenants and provisions of this Section shall survive thedefeasance and discharge of the Bonds.
24. Books and Records. So long as any of the Bonds are outstanding the County.covenants and agrees that it will keep proper books of record and account in which full, true andcorrect entries will be made of all transactions relating to the Bonds and the funds createdpursuant to this Order, and all books, documents and vouchers relating thereto shall at allreasonable times be made available for inspection upon request of any Owner.
25. Use of Proceeds. Accrued interest and any premium on the Bonds will bedeposited into the Interest and Sinking Fund. The remaining proceeds of sale of the Bonds,together with investment earnings of such proceeds, shall be used for the purposes set out inSection 3 of this Order, with any remainder being deposited into the Interest and Sinking Fund.
26. Official Statement. The Commissioners Court ratifies and confirms its priorapproval of the form and content of the Official Statement prepared in the initial offering andsale of the Bonds and hereby authorizes the preparation of a final Official Statement reflectingthe terms of the Underwriter's bid and other relevant information. The use of such OfficialStatement in the reoffering of the Bonds by the Underwriter is hereby approved and authorized.
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27. Continuing Disclosure Undertaking. (a) Annual Reports. The County shallprovide annually to each NRMSIR and the SID, within six months after the end of each fiscalyear, financial information and operating data with respect to the County of the general typeincluded in the final Official Statement authorized by Section 26 of this Order under Tablesnumbered I through 7 and 9 through 15 and in Appendix B. The information to be provided willinclude audited financial statements, if the County commissions an audit and it is completed bythe required time. If audited financial statements are not available by the required time, theCounty will provide unaudited financial statements at the required time and audited financialstatements when and if they become available. Any financial statements so to be provided shallbe prepared in accordance with the accounting principles described in Appendix B to the OfficialStatement, or such other accounting principles as the County may be required to employ fromtime to time pursuant to State law or regulation.
·:,1" ..,:~
If the County changes its fiscal year, it wiIl notify each NRMSIR and the SID of thechange (and of the date of the new fiscal year end) prior to the next date by which the Countyotherwise would be required to provide financial information and operating data pursuant to thisSection.
The financial information and operating data to be provided pursuant to this Section maybe set forth in full in one or more documents or may be included by specific reference to anydocument (including an official statement or other offering document, if it is available from theMSRB) that theretofore has been provided to each NRMSIR and the SID or filed with the SEC.
(b) Material Event Notices. The County shall notify the SID and either eachNRMSIR or the MSRB, in a timely manner, of any of the following events with respect to theBonds, if such event is material within the meaning of the federal securities laws:
A.B.C.
, .~.,D.
Principal and interest payment delinquencies;Non-payment related defaults;Unscheduled draws on debt service reserves reflecting financialdifficulties;Unscheduled draws on credit enhancements reflecting financialdifficulties;Substitution of credit or liquidity providers, or their failure toperform;Adverse tax opinions or events affecting the tax-exempt status ofthe Bonds;Modifications to rights of holders of the Bonds;Bond calls;Defeasances;Release, substitution, or sale of property securing repayment of theBonds; andRating changes.
E.F.G.H.1.J.
K.
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!.-...1 The County shall notify the SID and either each NRMSIR or the MSRB, in a timely
manner, of any failure by the County to provide financial information or operating data inaccordance with Section 27(a) of this Order by the time required by such Section.0,
(c) Limitations, Disclaimers, and Amendments. The County shall be obligated toobserve and perform the covenants specified in this Section for so long as, but only for so longas, the County remains an "obligated person" with respect to the Bonds within the meaning ofthe Rule, except that the County in any event will give notice of any deposit made in accordancewith Texas law that causes Bonds no longer to be outstanding.
The provisions of this Section are for the sole benefit of the holders and beneficialowners of the Bonds, and nothing in this Section, express or implied, shall give any benefit orany legal or equitable right, remedy, or claim hereunder to any other person. The Countyundertakes to provide only the financial information, operating data, financial statements, andnotices which it has expressly agreed to provide pursuant to this Section and does not herebyundertake to provide any other information that may be relevant or material to a completepresentation of the County's financial results, condition, or prospects or hereby undertake toupdate any information provided in accordance with this Section or otherwise, except asexpressly provided herein. The County does not make any representation or warrantyconcerning such information or its usefulness to a decision to invest in or sell Bonds at anyfuture date.
UNDER NO CIRCUMSTANCES SHALL THE COUNTY BE LIABLE TO THEHOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, INCONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROMANY BREACH BY THE COUNTY, WHETHER NEGLIGENT OR WITHOUT FAULT ONITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHTAND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ONACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FORMANDAMUS OR SPECIFIC PERFORMANCE.
No default by the County in observing or performing its obligations under this Section_or! shall comprise a breach of or default under this Order for purposes of any other provision of this
Order.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit theduties of the County under federal and state securities laws.
The provisions of this Section may be amended by the County from time to time to adaptto changed circumstances that arise from a change in legal requirements, change in law, orchange in the identity, nature, status or type of operations of the County, if (i) the agreement, asamended, would have permitted an underwriter to purchaseor sell Bonds in the original primaryoffering in compliance with the Rule, taking into account any amendments or interpretations ofthe Rule to the date of such amendment, as well as such changed circumstances, and (ii) either(a) the holders of a majority in aggregate principal amount of the outstanding Bonds consent tosuch amendment, or (b) any person unaffiliated with the County (such as nationally recognized
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~I·..
bond counsel), detennines that the amendment will not materially impair the interests of theholders and beneficial owners of the Bonds. The County may also amend or repeal theprovisions of this continuing disclosure agreement if the SEC amends or repeals the applicableprovisions of the Rule or a court of final jurisdiction enters judgment that such provisions of theRule are invalid, but only if and to the extent that the provisions of this sentence would notprevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of theBonds. If any such amendment is made, the County will include in its next annual update anexplanation in narrative form of the reasons for the amendment and its impact on the type ofoperating data or financial information being provided.
. '..~
28. Registrar. The form of agreement setting forth the duties of the Registrar ishereby approved, and the appropriate officials of the County are hereby authorized to executesuch agreement for and on behalf of the County.
"~ 29. No Personal Liability. No recourse shall be had for payment of the principal of orinterest on any Bonds or for any claim based thereon, or on this Order, against any official oremployee of the County or any person executing any Bonds.
30. Open Meeting. The meeting at which this Order is adopted was open to thepublic, and public notice of the time, place and purpose of said meeting was given, all asrequired by the Texas Open Meetings Act; and such notice as given is hereby authorized,approved, adopted and ratified.
I
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PASSED AND APPROVED this 29th day of March, 2001.
Isl James C. Adolphus
County Judge
Is! Tom Stavinoha
Commissioner, Precinct No. I
Is! Grady Prestage
Commissioner, Precinct No.2
Isl Andy Meyers
Commissioner, Precinct No.3
Is! James Patterson
Commissioner, Precinct No.4ATTEST:
Isl Dianne Wilson
County Clerk
(SEAL)
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ACKNOWLEDGMENT OF NOTICE OF SPECIALMEETING; WAIVER AND RATIFICATION
THE STATE OF TEXAS §~, COUNTY OF FORT BEND §
I acknowledge that I received timely and sufficient notice of the special meeting of theCommissioners Court of Fort Bend County, Texas, held on the 29th day of March, 2001, at which anordinance authorizing the issuance of $29,000,000 Fort Bend County, Texas, Unlimited Tax RoadBonds, Series 2001 was adopted; and I hereby waive any and all defects and irregularities, if any,relating to such notice; and I hereby ratify, adopt and confirm all proceedings had by saidCommissioners Court at said meeting.
WITNESS MY HAND this JQ..- day of April, 2001.
~Jl~ ,-
CERTIFICATE FOR ORDER
THE STATE OF TEXAS §COUNTY OF FORT BEND §
,• We, the undersigned officers of the Commissioners Court of Fort Bend County, Texas,hereby certify as follows:
1. The Commissioners Court of Fort Bend County, Texas, convened at a regular meetingof said Court at the Fort Bend County Courthouse in the City of Richmond, Texas, on the 3rd day ofApril, 200 I, and the roll was called of the duly constituted officers and members of said Court, towit:
James C. AdolphusTom StavinohaGrady PrestageAndy MeyersJames Patterson
County JudgeCommissioner, Precinct 1Commissioner, Precinct 2Commissioner, Precinct 3Commissioner, Precinct 4
and all of said persons were present, except the following absentee( s): None, thus constitutinga quorum. Whereupon, among other business, the following was transacted at said meeting: awritten
ORDER LEVYING TAXES FOR THE PAYMENT OF PRINCIPAL OF ANDINTEREST ON FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROADBONDS, SERIES 2001, NOW IN PROCESS OF ISSUANCE AND CONTAININGOTHER PROVISIONS RELATING TO THE SUBJECT
was duly introduced for the consideration of the Commissioners Court and read in full. It was thenduly moved and seconded that said order be adopted; and, after due discussion, said motion, carryingwith it the adoption of said order, prevailed and carried by the following vote:
AYES: All members shown present above voted Aye.NOES: None.
2. A true, full and correct copy of the aforesaid order adopted at the meeting described inthe above and foregoing paragraph is attached to and follows this certificate; that said order has beenduly recorded in the Commissioners Court's minutes of said meeting; that the above and foregoingparagraph is a true, full and correct excerpt from the Commissioners Court's minutes of said meetingpertaining to the adoption of said order; that the persons named in the above and foregoing paragraphare the duly chosen, qualified and acting officers and members of the Commissioners Court asindicated therein; that each of the officers and members of the Commissioners Court was duly andsufficiently notified officially and personally, in advance, of the date, hour, place and purpose of theaforesaid meeting, and that said order would be introduced and considered for adoption at said
-,meeting, and each of said officers and members consented, in advance, to the holding of said meetingfor such purpose; that said meeting was open to the public as required by law; and that public noticeof the date, hour, place and subject of said meeting was given as required by the Texas OpenMeetings Act.
SIGNED AND SEALED this 3rd day of April, 2001.
County Clerk";; . ,0""'" "_.J ."., .......
, ,I • :.' ,"
", :.... :". '.'-~ .. .
(SEAl,)
. .
'J
ORDER LEVYING TAXES FOR THE PAYMENT OF PRINCIPAL OF ANDINTEREST ON FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROADBONDS, SERIES 2001, NOW IN PROCESS OF ISSUANCE ANDCONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, the Commissioners Court of Fort Bend County, Texas, is in the process ofissuing, the following described bonds:
FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES2001, dated April 1,2001,
and
WHEREAS, this being a regularly scheduled meeting of the Commissioners Court whenat least four members are present, the Commissioners Court wishes to levy taxes for the benefitof the bonds;
THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED BY THECOMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS"
Section 1. This order related to, and is adopted for the benefit of, the FORT BENDCOUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES 2001 (the "Bonds), now inprocess of issuance.
Section 2. The proceeds from all taxes levied, assessed and collected for and onaccount of the Bonds authorized by this Order shall be deposited, as colIected, in a special fundto be designated "Fort Bend County, Texas, Unlimited Tax Road Bonds, Series 2001 Interest andSinking Fund". While the Bonds or any part of the principal thereof or interest thereon remainoutstanding and unpaid, there is hereby levied and there shall be annually levied, assessed and .collected in due time, form and manner, and at the same time other County taxes are levied,assessed and collected, in each year, a continuing direct annual ad valorem tax, without legallimit as to rate or amount, upon all taxable property in the County sufficient to pay the currentinterest on the Bonds as the same becomes due, and to provide and maintain a sinking fundadequate to pay the principal of the Bonds as such principal matures, but never less than twopercent (2%) of the original principal amount of the Bonds each year, full allowance being madefor delinquencies and costs of collection, and such taxes when collected shall be applied to thepayment of the interest on and principal of the Bonds and to no other purpose.
To pay the debt service coming due on the Bonds prior to receipt of the taxes levied topay such debt service, there is hereby appropriated from current funds on hand, which are herebycertified to be on hand and available for such purpose, an amount sufficient to pay such debtservice, and such amount shall be used for no other purpose.
PASSED AND APPROVED this 3rd day of April, 2001.
Is! James C. Adolphus
County Judge
Is! Tom Stavinoha
Commissioner, Precinct No. I
Is! Grady Prestage
Commissioner, Precinct No.2
Is! Andy Meyers
Commissioner, Precinct No.3
Is! James Patterson
Commissioner, Precinct No.4ATTEST:
Is! Dianne Wilson
County Clerk
(SEAL)
SIGNATURE IDENTIFICATION AND NO-LITIGATION CERTIFICATE
We, the undersigned officers of the Fort Bend County, Texas, certify that weofficially signed, by facsimile signatures, on behalf of said County, the followingdescribed bonds, hereinafter called the "Bonds", to wit:
.~..•. ,
FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROAD BONDS,SERIES 2001, dated April 1, 2001, in the principal amount of $29,000,000,
being on the date of such signing and on the date hereof the duly chosen, qualified andacting officers authorized to execute the Bonds, and holding the official titles set forthbelow opposite our signatures. We further certify that said facsimile signatures havebeen affixed to the Bonds with our full knowledge and consent, and we herebyrespectively adopt the same as our own signatures.
We further certify that we have caused the official seal of the CommissionersCourt to be impressed or placed in facsimile upon each of said Bonds and that said sealhas been duly adopted as, and is hereby declared to be, the official seal of theCommissioners Court.
We further certify that no litigation of any nature is now pending or to ourknowledge threatened, either in the State or Federal courts contesting or attacking theBonds or restraining or enjoining their issuance, execution or delivery, or restraining orenjoining the levy and/or collection and/or pledge of the funds from which the Bonds arepayable, or in any manner questioning the authority or proceedings for the issuance,execution or delivery of the Bonds, or affecting the title of the present officials, or theboundaries of the County, and that no proceedings or authority for the issuance,execution or delivery ofthe Bonds have been repealed, rescinded or revoked.
In witness whereof we have signed this certificate and delivered it on the '3)~day of April, 2001.
•.j
·."" - County Treasurer
.... ' .
. -;':' (SEAL)" ":;::
. " ... ' .
. THE STATE OF TEXAS §
COUNTY OF FORT BEND §
Before me, on the 21' day of March, 2001, personally appeared the foregoingindividuals, known to me to be the officers whose true and genuine signatures weresubscribed to the foregoing instrument in my presence,
ANNWEALEINNOTARY PUBLICStaIlIofT_
Comm. Exp. 02-24 ZlOI Notary PublicState of Texas
(NOTARY SEAL)
~ _ OmCE OF FHE Ano"," <;,,1'.'," ' ST.\TE OF TEX,"
~ JOHN CORNYN
-i
April 30, 2001
THIS IS TO CERTIFY that Fort Bend County. Texas (the "Issuer"),has submitted to me Fort Bend County. Texas. Unlimited Tax Road Bond.Series 2001 (the "Bond"). in the principal amount of $29,000,000 forapproval. The Bond is dated April 1, 2001, numbered 1-1, and wasauthorized by an Order of the Issuer passed on March 29, 2001.
';;j I have examined the law and such certified proceedings and other papers as Ideem necessary to render this opinion.
As to questions of fact material to my opinion, I have relied upon representationsof the Issuer contained in the certified proceedings and other certifications of pUblicofficials furnished to me without undertaking to verify the same by independentinvestigation.
I express no opinion relating to the official statement or any other offering materialrelating to the Bond.
Based on my examination, I am of the opinion, as of the date hereof and underexisting law, as follows:
(1) The Bond has been issued in accordance with law and is a valid andbinding obligation of the Issuer.
(2) The Bond is payable from the proceeds of an annual ad valorem tax levied,without limit as to rate or amount, upon all taxable property within the Issuer.,.~
Therefore, the Bond is approved.
No.3b361Book No. 2001 BMAL
Attorney General of the State f Texas
OFFICE OF COMPTROLLER
OF THE STATE OF TEXAS
I, CAROLE KEETON RYLANDER, Comptroller of Public Accounts of the
State of Texas, do hereby certify that the attachment is a true and correct copy of the
opinion of the Attomey General approving the:
Fort Bend County. Texas, Unlimited Tax Road Bond. Series 2001
numbered 1-1, of the denomination of $ 29,000,000, dated April 1. 2001, as
authorized by issuer, interest varioys percent, under and by authority of which saidbonds/certificates were registered electronically in the office of the Comptroller, on
the 30th day of April. 2001, under Registration Number 64112.
Given under my hand and seal of office, at Austin, Texas, the 30th day of
April. 2001.
~~CAROLE KEETON RYLANDERComptroller of Public Accounts
of the State of Texas
I:J
OFFICE OF COMPTROLLER
OF THE STATE OF TEXAS
I, Melissa Mora, D Bond Clerk [8] Assistant Bond Clerk in the office of the Comptroller of the State
of Texas, do hereby certify that, acting under the direction and authority of the Comptroller on the
30th day of April, 2001, I signed the name of the Comptroller to the certificate of registration
endorsed upon the:
Fort Bend Coynty, Texas Unlimtted Tax Road Bond Series 2001,
numbered l:1.. dated April 1, 2001, and that in signing the certificate of registration I used the
001","0'",",,"" C~ ~ ~INWITN ulad this certificate this the 30th day of April 2001.
I, Carole Keeton Rylander, Comptroller of Public Accounts of the State of Texas, certify that
the person who has signed the above certificate was duly designated and appointed by me under
authority vested in me by Chapter 403, Subchapter H, Govemment Code, with authority to sign my
name to all certificates of registration, and/or cancellation of bonds required by Jaw to be registered
and/or cancelled by me, and was acting as such on the date first mentioned in this certificate, and
that the bonds/certificates described in this certificate have been duly registered in the office of the
Comptroller, under Registration Number ~.
GIVEN under my hand and seal of office at Austin, Texas, this the 30th day of April, 2001.
~~CAROLE KEETON RYLANDERComptroller of Public Accounts
of the State of Texas
RECEIPT AND NO-LITIGATION CERTIFICATE
THE STATE OF TEXAS §COUNTY OF FORT BEND §
...,j
We, the undersigned officers of Fort Bend County, Texas (the "County"), do herebycertifY, as of the date set forth below, the following:
I. On MAY - 2 Z001 , we delivered, or caused to be delivered, to theUnderwriter thereof the following bonds (the "Bonds"):
FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES2001, dated April 1, 2001, in the principal amount of $29,000,000.
;;;l 2. At the time of such delivery, the District received from the Underwriter fullpayment for the Bonds in keeping with the resolution authorizing the issuance and awarding thesale thereof.
3. At the time of delivery of the Bonds, (a) no litigation of any nature has been filedor is now pending which contests or attacks the validity of the Bonds, which would restrain orenjoin the issuance or delivery of the Bonds; which would restrain or enjoin the collection orpledge of funds from which the Bonds are payable or would in any other manner affect theprovision made for their payment or security; or which in any manner questions the proceedingsor authority concerning the issuance of the Bonds; and so far as we know and believe no suchlitigation is threatened; (b) neither the corporate existence nor the boundaries of the District arebeing contested; no litigation has been filed or is now pending which would affect the authorityof the officers of the District to issue, execute and deliver the Bonds or would affect the title ofthe undersigned to their respective offices; and no authority or proceedings for the issuance,execution or delivery of the Bonds have been repealed, rescinded or revoked; and (c) noadditional bonds, warrants or other indebtedness payable from the same source as the Bondshave been issued since the date of the General Certificate submitted to the Attorney General ofTexas in connection with the approval of the Bonds.
SIGNED as of, and delivered on, the date of delivery of the Bonds set forth above.
c.unty Judge
F rt Bend County, Texas
County ClerkFort Bend County, Texas
FEDERAL TAX CERTIFICATE
I, the undersigned officer of Fort Bend County, Texas (the "Issuer"), make thiscertification for the benefit of all persons interested in the exclusion from gross income forfederal income tax purposes of the interest to be paid on the Unlimited Tax Road Bonds, Series2001 (the "Bonds") which are being issued and delivered simultaneously with the delivery of thisCertificate. I do hereby certify as follows in good faith as of the Issue Date:
1. Definitions. Each capitalized term used in this Certificate has the meaning or isthe amount, as the case may be, specified for such term in this Certificate or in Exhibits to thisCertificate and shall for all purposes hereof has the meaning or be the amount therein specified.All such terms defined in the Code or Regulations shall for all purposes hereof have the samemeanings as given to those terms in the Code and Regulations unless the context clearly requiresotherwise.
2. Responsible Officer. I am the duly chosen, qualified and acting officer of theIssuer for the office shown below my signature; as such, I am familiar with the facts hereincertified and I am duly authorized to execute and deliver this Certificate on behalf of the Issuer.I am the officer of the Issuer charged, along with other officers of the Issuer, with responsibilityfor issuing the Bonds.
3. Code and Regulations. lam aware of the provisions of sections 141, 148, 149 and150 of the Internal Revenue Code of 1986, as amended (the "Code"), and the TreasuryRegulations (the "Regulations") heretofore promulgated under sections 141, 148, 149 and 150 ofthe Code. This Certificate is being executed and delivered pursuant to sections 1.141-1 through1.141-15, 1.148-0 through 1.148-11, 1.149(b)-1, 1.149(d)-I, 1.149(g)-I, 1.150-1 and 1.150-2 ofthe Regulations.
4. Reasonable Expectations. The facts and estimates that are set forth in thiscertificate are accurate. The expectations that are set forth in this certificate are reasonable inlight of such facts and estimates. There are no other facts or estimates that would materially·change such expectations. In connection with this certificate, the undersigned has to the extentnecessary reviewed the certifications set forth herein with other representatives of the Issuer as tosuch accuracy and reasonableness. The undersigned has also relied, to the extent appropriate, onrepresentations set forth in the Issue Price Certificate of Loop Capital Markets (the"Underwriters"), attached as Exhibit A to this Certificate, and the certificate of First SouthwestCompany (the "Financial Advisor"), attached as Exhibit B to this Certificate. The undersigned isaware of no fact, estimate or circumstance that would create any doubt regarding the accuracy orreasonableness of all or any portion of such documents.
5. Description of Governmental Purpose. The Issuer is issuing the Bonds pursuantto the resolution, order or ordinance, as the case may be, adopted by the Issuer for purposes ofauthorizing the issuance of the Bonds (the "Bond Document") for the purposes of funding (a) theProject as described more fully in the Official Statement prepared in connection with the offeringof the Bonds and (b) the costs of issuance of the Bonds. The primary purpose of each transactionundertaken in connection with the issuance of the Bonds is a bona fide governmental purpose.
]The Project is described as follows: construction, purchase, maintenance and operation ofmacadamized, graveled and paved roads and turnpikes, and the aid therfor.
6. Amount and Expenditure of Sale Proceeds of the Bonds.
(a) Amount of Sale Proceeds. The Issuer sold the Bonds to the Underwriters for$28,789,374, which price does not include Pre-Issuance Accrued Interest. The Sale Proceedsfrom the issuance of the Bonds is $28,974,694, based on the amount set forth on Exhibit Ahereto. Such amount represents the Stated Redemption Price at Maturity (excluding Pre-Issuance Accrued Interest for those Bonds the interest on which is paid at least once annually) ofthe Bonds, plus any Original Issue Premium, less any Original Issue Discount. No portion of thepurchase price of any of the Bonds is provided by the issuance of any other issue of obligations.
(b)as follows:
Expenditure of Sale Proceeds. The Sale Proceeds of the Bonds will be expended
(i) The amount of $176,320 will be allocated on the date of issuance of theBonds to the payment of Underwriters' discount or compensation.
(ii) The amount of $117,000 will be disbursed to pay other Issuance Costs onthe Bonds (including any rating agency fees charged to the Issuer by the Bond insurer).
(iii) The amount of $64,238.30 will be allocated on the date of issuance of theBonds to the payment of Bond Insurance Premium on the Bonds (net of any ratingagency fees).
(iv) The amount of $28,617,135.70 will be deposited in the Construction orProject Fund and is expected to be disbursed to payor reimburse the costs of acquisitionand construction of the Project. The aggregate amount of the costs of acquisition andconstruction of the Project is anticipated to be not less than such amount: Any costs ofthe Project not financed out of original or investment proceeds of the Bonds will be.financed out of the Issuer's available funds.
(c) Reimbursement. Other than to the extent of preliminary expenditures (i.e.,architectural, engineering, surveying, soil testing, Bond issuance, and similar costs that areincurred prior to commencement of acquisition, construction, or rehabilitation of the Project,other than land acquisition, site preparation, and similar costs incident to commencement ofconstruction), no portion of the amount described in paragraph 6(b) above will be disbursed toreimburse the Issuer for any expenditures made by the Issuer prior to the date that is 60 daysbefore the earlier of the Issue Date or the date the Issuer adopted a resolution (the "Declaration"),if any, describing the Project, stating the maximum principal amount of obligations expected tobe issued for the Project, and stating the Issuer's reasonable expectation on that date that it wouldreimburse expenditures for costs of the Project with proceeds of an obligation. The Declaration,if any, is not an official intent to reimburse that was declared as a matter of course, or in anamount substantially in excess of the amount expected to be necessary for the Project. TheIssuer has not engaged in a pattern of failure to reimburse original expenditures covered byofficial intents. Such reimbursed portion will be treated as spent for purposes of paragraphsI I(b) and IS below. Any such Declaration is attached hereto as Exhibit C.
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(d) No Working Capital. Except for an amount that does not exceed 5 percent of theSale Proceeds of the Bonds (and that is directly related to capital expenditures financed by theBonds), the Issuer will only expend proceeds of the Bonds for (i) costs that would be chargeableto the capital accounts of the Project if the Issuer's income were subject to federal incometaxation and (ii) interest on the Bonds in an amount that does not cause the aggregate amount ofinterest paid on all of the Bonds to exceed that amount of interest on the Bonds that isattributable to the period that commences on the date hereof and ends on the later of (A) the datethat is three years from the issue date of the Bonds or (B) the date that is one year after the dateon which the Project is placed in service.
.J
(e) No Sale of Conduit Loan. No portion of the sale proceeds of the Bonds has beenor will be used to acquire, finance, or refinance any conduit loan.
(f) No Overissuance. The proceeds of the Bonds will not exceed by more than aminor portion (as defined in paragraph 13 below) the amount necessary to accomplish thegovernmental purposes of the Bonds and, in fact, are not expected to exceed by any amount theamount of proceeds allocated to expenditures for the governmental purposes of the Bonds.
(g) Allocations and Accounting. The proceeds of the Bonds will be allocated toexpenditures not later than 18 months after the later of the date the expenditure is made or thedate the Project is placed in service, but in no event later than the date that 60 days after the fifthanniversary of the date hereof or the retirement of the last Bond, if earlier. The allocation ofproceeds will be made by consistently employing the direct-tracing method of accounting. Noproceeds of the Bonds will be allocated to any expenditures to which proceeds of any otherobligations have heretofore been allocated.
7. Pre-Issuance Accrued Interest. The Issuer will also receive from the Underwriterson the Issue Date of the Bonds Pre-Issuance Accrued Interest from the Dated Date through theIssue Date in the amount of $119,810.69. Such amount will be deposited in the Debt ServiceFund, and will be disbursed on the first interest payment date for the Bonds.
8. Expenditure of Investment Proceeds. The best estimate of the Issuer is thatInvestment Proceeds resulting from the investment of any proceeds of the Bonds pendingexpenditure of such proceeds for costs of the Project will be retained in the Construction Fundand disbursed to payor reimburse Project costs in addition to those described in paragraph 6above.
9. No Replacement Proceeds. Other than amounts described herein, there are noamounts that have a sufficiently direct nexus to the Bonds or to the governmental purposes of theBonds, other than solely by reason of the mere availability or preliminary earmarking, that theamounts would have been used for such purpose if the proceeds of the Bonds were not used or tobe used for such purpose.
(a) No Sinking Funds. Other than to the extent described herein, there is no debtservice fund, redemption fund, reserve fund, replacement fund, or similar fund reasonablyexpected to be used directly or indirectly to pay principal or interest on the Bonds.
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.f';~
(b) No Pledged Funds. Other than amounts described herein, there is no amount thatis directly or indirectly pledged to pay principal or interest on the Bonds, or to a guarantor of partor all of the Bonds, such that such pledge provides reasonable assurance that such amount will beavailable to pay principal or interest on the Bonds if the Issuer encounters financial difficulty.For purposes of this certification, an amount is treated as so pledged if it is held under anagreement to maintain the amount at a particular level for the direct or indirect benefit of theholders or the guarantor of the Bonds.
(c) No Other Replacement Proceeds. There are no other replacement proceedsallocable to the Bonds because the Issuer reasonably expects that the term of the Bonds will notbe longer than is reasonably necessary for the governmental purposes of the Bonds. The Bondswould be issued to achieve the governmental purpose of the Bonds independent of any arbitragebenefit as evidenced by the expectation that the Bonds reasonably would have been issued if theinterest on the Bonds were not excludable from gross income (assuming that the hypotheticaltaxable interest rate would be the same as the actual tax-exempt interest rate).
(d) Weighted Average Economic Life. The Weighted Average Maturity of the Bondswill not be greater than 120 percent of the weighted average estimated economic life of theportion of the Project financed, determined in accordance with section 147(b) of the Code. Suchweighted average estimated economic life is determined in accordance with the followingassumptions: (a) The weighted average was determined by taking into account the respectivecosts of each assets financed by the Bonds, (b) the reasonably expected economic life of an assetwas determined as of the later of the date hereof or the date on which such asset is expected to beplaced in service (i.e., available for use for the intended purposes of such asset); (c) the economiclives used in making this determination are not greater than the useful lives used for depreciationunder section 167 of the Code prior to the enactment of the current system of depreciation ineffect under section 168 of the Code (i.e., the "mid-point lives") under the asset depreciationrange ("ADR") system of section 167(m) of the Code, as set forth in Revenue Procedure 83-35,1983-1 C.B. 745, where applicable, and the "guideline lives" under Revenue Procedure 62-21,1962-2 C.B. 418, in the case ofstruetures; and (d) land or any interest therein has not been takeninto account in determining the average reasonably expected economic life of such Project, .unless 25 percent or more of the net proceeds of the Bonds is to be used to finance land .
10. Yield on the Bonds. For the purposes of this Certificate, the Yield on the Bondsis the discount rate that, when used in computing the present value as of the issue date of theBonds, of all unconditionally payable payments of principal, interest and fees for qualifiedguarantees on the Bonds, produces an amount equal to the present value, using the same discountrate, of the aggregate Issue Price of the Bonds as of the issue date. For purposes of determiningthe yield on the Bonds, the Issue Price of the Bonds is the sum of the issue prices for each groupof substantially identical Bonds, plus Pre-Issuance Accrued Interest. For each group ofsubstantially identical Bonds, the issue price is the first price at which a substantial amount (i.e.,ten percent) is sold to the public (excluding bond houses, brokers, or similar persons ororganizations acting in the capacity of underwriters and wholesalers). The Issue Price is basedupon the representations of the Underwriters set forth in Exhibit A hereto. No Underwriters'discount, issuance costs, or costs of carrying or repaying the Bonds is taken into account forpurposes of computing the yield on the Bonds, except the cost of the Bond Insurance Premium.
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.1 As set forth in paragraph 6(b)(iii) above, proceeds of the Bonds will be allocated on thedate of issuance of the Bonds to the payment to the Insurer for municipal bond insurance for theBonds. The Bond Insurance Premium paid to the Insurer is a qualified guarantee fee because:
(a) As of the date hereof, the present value of the Bond Insurance Premium paid tothe Insurer will be less than the present value of the expected interest savings on the Bonds as aresult of the guarantee, computed using the Yield on the Bonds (determined with regard to suchguarantee payments) as the discount rate;
(b) The guarantee creates a guarantee in substance because it imposes a secondaryliability on the Insurer that unconditionally (except for reasonable procedural or administrativerequirements) shifts substantially all of the credit risk for all or part of the payments on theBonds;
(c) The Insurer is not a co-obligor and does not expect to make any payments otherthan payments for which the Insurer will be reimbursed immediately;
(d) The Insurer and any related parties will not use more than ten percent of the grossproceeds of the Bonds that are guaranteed by the Insurer;
(e) The Bond Insurance Premium paid or to be paid to the Insurer does not exceed areasonable arm's length charge for the transfer of credit risk;
(f) The Bond Insurance Premium paid or to be paid to the Insurer does not includeany payment for any direct or indirect services other than the transfer of credit risk (includingfees for the Insurer's overhead and other costs relating to the transfer of credit risk);
(g) The Bond Insurance Premium paid or to be paid to the Insurer does not includeany payments for the costs of underwriting or remarketing the Bonds or for the cost of insurancefor casualty to the Issuer's property;
(h) No portion of the Bond Insurance Premium paid or to be paid to the Insurer isrefundable upon redemption of the Bonds before the final maturity date in an amount that would
"" exceed the portion of such Bond Insurance Premium that had not been eamed; and
I-~
(i) The Insurer is reasonably assured that the Bonds will be repaid if the Project isnot completed.
The Yield with respect to that portion of the Bonds, if any, subject to optional redemptionis computed by treating such Bonds as retired at the stated redemption price at the final maturitydate because (a) the Issuer has no present intention to redeem prior to maturity the Bonds that aresubject to optional redemption; (b) no Bond is subject to optional redemption at any time for aprice less than the retirement price at final maturity plus accrued interest; (c) no Bond is subjectto optional redemption within five years of the issue date of the Bonds; (d) no Bond subject tooptional redemption is issued at an issue price that exceeds the stated redemption price atmaturity of such Bond by more than one-fourth of one percent multiplied by the product of thestate redemption price at maturity of such Bond and the number of complete years to the first
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optional redemption date for such Bond; and (e) no Bond subject to optional redemption bearsinterest at a rate that increases during the tenn of the Bond.
In the case of that portion of the Bonds, if any, subject to mandatory redemption, theyield on the Bonds is calculated by treating the outstanding stated principal amounts payable onthe mandatory redemption dates as payments on such dates because the Underwriters haverepresented that the stated redemption price at maturity of such Bonds does not exceed the issueprice of such Bonds by more than one-fourth of one percent multiplied by the product of thestated redemption price at maturity and the number of years to the date of the weighted averagematurity (detennined by taking into account the mandatory redemption schedule) of such Bonds.
The Yield on the Bonds is calculated in the manner set forth above.
II. Temporary Periods and Yield Restriction.
(a) Pre- Issuance Accrued Interest. The amount described in paragraph 7 representsPre-Issuance Accrued Interest on the Bonds for a period not in excess of one year and will beexpended within one year; therefore, such amount may be invested at an unrestricted yield.
(b) Project. The Issuer has incurred or will incur within six months of the date hereofa binding obligation to a third party which is not subject to any contingencies within the controlof the Issuer or a related party pursuant to which the Issuer is obligated to expend at least fivepercent of the sale proceeds of the Bonds on the Project. The Issuer reasonably expects thatwork on or acquisition of the Project will proceed with due diligence to completion and that theproceeds of the Bonds will be expended on the Project with reasonable dispatch. The Issuerreasonably expects that 85 percent of the Sale Proceeds of the Bonds will have been expended onthe Project prior to the date that is three years after the Issue Date. Any Sale Proceeds notexpended prior to the date that is three years after the Issue Date, will be invested at a yield not"materially higher" than the Yield on the Bonds, except as set forth in paragraph 13 below. TheIssuer reasonably expects that any amount derived from the investment of moneys received fromthe sale of the Bonds and from the investment of such investment income will not be.commingled with substantial other receipts or revenues of the Issuer and will be expended priorto the date that is three years after the Issue Date, or one year after receipt of such investmentincome, whichever is later. Any such investment proceeds not expended prior to such date willbe invested at a yield not "materially higher" than the Yield on the Bonds, except as set forth inparagraph 13 below.
12. Debt Service Fund. Pursuant to the Bond Document, the Issuer has created orcontinued, as the case may be, a debt service fund (the "Debt Service Fund") and the proceedsfrom all taxes levied, assessed and collected for and on account of the Bonds are to be depositedin such Fund. The Issuer expects that taxes levied, assessed and collected for and on account ofthe Bonds will be sufficient each year to pay such debt service. All amounts which will bedepleted at least once each bond year, except for a reasonable carryover amount not in excess ofthe greater of the earnings on such portion of the Fund for the immediately preceding bond yearor one-twelfth of the principal and interest payments on the Bonds for the immediately precedingbond year, will constitute a bona fide debt service fund component of the Debt Service Fund (the"Bona Fide Portion"). Such Bona Fide Portion of the Debt Service Fund will be used primarily
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,,.1 to achieve a proper matching of revenues and principal and interest payments on the Bonds
within each bond year. Amounts held in the Bona Fide Portion of the Debt Service Fund will beinvested at an unrestricted yield because such amounts will be expended within 13 months of thedate such amounts are received. The remaining portion of the Debt Service Fund (the "ReservePortion"), if any, will be treated separately for purposes of this certificate. Amounts on depositfrom time to time in the Bona Fide Portion and the Reserve Portion are allocable between theBonds and any other obligations of the Issuer secured by the Debt Service Fund on the basis ofone of the methods set forth in section 1.148-6(e)(6) of the Regulations. The portion of theReserve Portion allocable to the Bonds will not exceed at any time the least of (a) ten percent ofthe stated principal amount of the Bonds (or sale proceeds in the event that the amount oforiginal issue discount exceeds two percent multiplied by the stated redemption price at maturityof the Bonds), (b) the maximum annual principal and interest requirements of the Bonds, and (c)125 percent of average annual principal and interest requirements of the Bonds. Therefore, allamounts therein may be invested at an unrestricted yield. Any amounts held in the Bona FidePortion for longer than 13 months or held in the Reserve Portion in excess of the least of theamounts described above, will be invested in obligations the yield on which is not in excess ofthe Yield on the Bonds, except as set forth in paragraph 13below.
13. Minor Portion. All gross proceeds will be invested in accordance with paragraphs11 and 12 above. To the extent such amounts remain on hand following the periods set forth inparagraphs 11 and 12 above or exceed the limits set forth in paragraph 12 above, the Issuer willinvest such amounts at a restricted yield as set forth in such paragraphs; provided, however, thata portion of such amounts, not to exceed in the aggregate the lesser of $100,000 or five percentof the sale proceeds of the Bonds (the "Minor Portion"), may be invested at a yield which ishigher than the Yield on the Bonds.
14. Issue. There are no other obligations that (a) are sold at substantially the sametime as the Bonds (i.e., within 15 days), (b) are sold pursuant to the same plan of financing withthe Bonds, and (c) will be paid out of substantially the same source of funds as the Bonds.
15. Compliance With Rebate Requirements.
(a) General. The Issuer has covenanted in the Bond Document that it will take allnecessary steps to comply with the requirement that "rebatable aIbitrage earnings" on theinvestment of the "gross proceeds" of the Bonds, within the meaning of section 148(t) of theCode be rebated to the federal government. Specifically, the Issuer will (a) maintain recordsregarding the investment of the "gross proceeds" of the Bonds as may be required to calculatesuch "rebatable aIbitrage earnings" separately from records of amounts on deposit in the fundsand accounts of the Issuer which are allocable to other bond issues of the Issuer or moneys whichdo not represent "gross proceeds" of any bonds of the Issuer, (b) calculate at such intervals asmay be required by applicable Regulations, the amount of "rebatable aIbitrage earnings," if any,earned from the investment of the "gross proceeds" of the Bonds and (c) pay, not less often thanevery fifth anniversary date of the delivery of the Bonds and within 60 days following the finalmaturity of the Bonds, or on such other dates required or permitted by applicable Regulations, allamounts required to be rebated to the federal government. Further, the Issuer will not indirectlypay any amount otherwise payable to the federal government pursuant to the foregoingrequirements to any person other than the federal government by entering into any investment
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arrangement with respect to the "gross proceeds" of the Bonds that might result in a reduction inthe amount required to be paid to the federal government because such arrangement results in asmaller profit or a larger loss than would have resulted if the arrangement had been at arm's-length and had the yield on the issue not been relevant to either party.
(b) Two- Year Spending Exception. The Issuer hereby makes the elections, if any, setforth below for purposes of the two-year spending exception from arbitrage rebate:
ELECT~
DONaTELECT
DN/AD
D D
D D
D D
1. To use actual facts to apply the provlSlons ofparagraphs (e) through (m) of section 1.148-7 of theRegulations. Section 1.148-7(t)(2) of the Regulations.
2. To exclude earnings on a reasonably requiredreserve or replacement fund from the definition of"available construction proceeds" for purposes of thespending requirements. Section 1.148-7(i)(2) of theRegulations.
3. To treat the portion of the Tax-Exempt Bonds that isnot a refunding issue as two, and only two, separate issues,one of which (a) meets the definition of a construction issueand (b) is reasonably expected as of the date hereof tofinance all of the construction expenditures to be financedby the Tax-Exempt Bonds. Section 1.148-7(j)(1) of theRegulations.
4. To pay a penalty (the "1-112% penalty") to theUnited States in lieu of the obligation to pay arbitrage rebateon available construction proceeds in the event that the Tax- .Exempt Bonds fail to satisfy any of the semiannualspending requirements for the two-year rebate exception.Section 1.148-7(k)(1) of the Regulations.
The Issuer reasonably expects that at least 75 percent of the "available construction proceeds" ofthe Bonds, within the meaning of section 1.148-7(i) of the Regulations, will be allocated to"construction expenditures," within the meaning of section 1.148-7(g) of the Regulations, forproperty owned by the Issuer.
16. Not an Abusive Transaction.
(a) General. No action taken in connection with the issuance of the Bonds willenable the Issuer to (i) exploit, other than during an allowable temporary period, the differencebetween tax-exempt and taxable interest rates to obtain a material financial advantage (includingas a result of an investment of any portion of the gross proceeds of the Bonds over any period of
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time, notwithstanding that, in the aggregate, the gross proceeds of the Bonds are not invested inhigher yielding investments over the tenn of the Bonds), and (ii) issue more bonds, issue bondsearlier, or allow bonds to remain outstanding longer than is otherwise reasonably necessary toaccomplish the governmental purposes of the Bonds. To the best of our knowledge, no actionshave been taken in connection with the issuance of the Bonds other than actions that would havebeen taken to accomplish the governmental purposes of the Bonds if the interest on the Bondswere not excludable from gross income for federal income tax purposes (assuming thehypothetical taxable interest rate would be the same as the actual tax-exempt interest rate on theBonds).
(b) No Sinking Fund. No portion of the Bonds has a term that has been lengthenedprimarily for the purpose of creating a sinking fund or similar fund with respect to the Bonds.
(c) No Window. No portion of the Bonds has been structured with maturity dates theprimary purpose of which is to make available released revenues that will enable the Issuer toavoid transferred proceeds or to make available revenues that may be invested to be ultimatelyused to pay debt service on another issue of obligations.
17. No Arbitrage. On the basis of the foregoing facts, estimates and circumstances, itis expected that the gross proceeds of the Bonds will not be used in a manner that would causeany of the Bonds to be an "arbitrage bond" within the meaning of section 148 of the Code andthe Regulations. To the best of the knowledge and belief of the undersigned, there are no otherfacts, estimates or circumstances that would materially change such expectations.
18. No Private Use, Payments or Loan Financing.
(a) General. The Issuer reasonably expects, as of the date hereof, that no action orevent during the entire stated tenn of the Bonds will cause either the "private business tests" orthe "private loan financing test," as such tenns are defined in the Regulations, to be met.
(i) No portion of the proceeds of the Bonds will be used in a trade or business .of a nongovernmental person. For purposes of determining use, the Issuer will applyrules set forth in applicable Regulations and Revenue Procedures promulgated by theInternal Revenue Service, including, among others, the following rules: (A) Any activitycarried on by a person other than a natural person or a state or local governmental unitwill be treated as a trade or business of a nongovernmental person; (8) the use of all orany portion of the Project is treated as the direct use of proceeds; (C) a nongovernmentalperson will be treated as a private business user of proceeds of the Bonds as a result ofownership, actual or beneficial use pursuant to a lease, or a management or incentivepayment contract, or certain other arrangements such as a take-or-pay or other output-type contract; and (D) the private business use test is met if a nongovernmental personhas special legal entitlements to use directly or indirectly the Project. The Issuer has nottaken and will not take any deliberate action that would cause or permit the use of anyportion of the Proj ect to change such that such portion will be deemed to be used in thetrade or business of a nongovernmental person for so long as any of the Bonds· remainsoutstanding (or until an opinion of nationally recognized bond counsel is received to theeffect that such change in use will not adversely affect the excludability from gross
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- ]
.J
income for federal income tax purposes of interest payable on the Bonds). For thispurpose, any action within the control of the Issuer is treated as a deliberate action. Adeliberate action occurs on the date the Issuer enters into a binding contract with anongovernmental person for use of the Project that is not subject to any materialcontingencies.
"~:"'1
(ii) All payments of the debt service on the Bonds will be paid from andsecured by a generally applicable tax. For this purpose, a generally applicable tax is a tax(A) that is an enforced contribution exacted pursuant to legislative authority in theexercise of the taxing power that is imposed and collected for the purpose of raisingrevenue to be used for governmental purposes and (B) that has a uniform tax rate that isapplied to all persons of the same classification in the appropriate jurisdiction using agenerally applicable manner of determination and collection. No portion of the paymentof the debt service on the Bonds will be directly or indirectly derived from payments(whether or not to the Issuer or any related party) in respect of property, or borrowedmoney, used or to be used for a private business use. Furthermore, no portion of thepayment of the debt service on the Bonds will be directly or indirectly secured by anyinterest in property used or to be used for a private business use or payments in respect ofproperty used or to be used for a private business use.
(iii) No portion of the proceeds of the Bonds will be directly or indirectly usedto make or finance a loan to any person other than a state or local governmental Unit.
(b) Dispositions of Personal Property in the Ordinary Course. The Issuer does notreasonably expect that it will sell or otherwise dispose of personal property components of theProject financed with the Bonds other than in the ordinary course of an established governmentalprogram that satisfies the following requirements:
(i) The weighted average maturity of the portion of the Bonds financingpersonal property is not greater than 120percent of the reasonably expected actual use ofsuch personal property for governmentalpurposes;
(ii) The reasonably expected fair market value of such personal property onthe date of disposition will be not greater than 25 percent of its cost;
(iii) Such personal property will no longer be suitable for its governmentalpurposes on the date of disposition; and
(iv) The Issuer is required to deposit amounts received from such dispositionin a commingled fund with substantial tax or other governmental revenues and the Issuerreasonably expects to spend such amounts on governmental programs within 6 monthsfrom the date of commingling.
Furthermore, the Issuer will not sell or otherwise dispose of all or any portion of theProject in circumstances in which the foregoing requirements are not satisfied unless it hasreceived an opinion of nationally recognized bond counsel to the effect that such disposition willnot adversely affect the treatment of interest on the Bonds as excludable from gross income forfederal income tax purposes.
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I
~J (c) Other Agreements. The Issuer will not enter into any agreement with anynongovernmental person regarding the use of all or any portion of the Project during the statedterm of the Bonds unless it has received in each and every case an opinion of nationallyrecognized bond counsel to the effect that such agreement will not adversely affect the treatmentof interest on the Bonds as excludable from gross income for federal income tax purposes.
19. Weighted Average Maturity. The Weighted Average Maturity of the Bonds setforth on Exhibit B attached to this Certificate is the sum of the products of the Issue Price of eachgroup of identical Bonds and the number of years to maturity (determined separately for eachgroup of identical Bonds and taking into account mandatory redemptions), divided by theaggregate Sale Proceeds of the Bonds.
20. Bonds are Not Hedge Bonds. Not more than 50 percent of the proceeds of theBonds will be invested in nonpurpose investments (as defined in section 148(f)(6)(A) of theCode) having a substantially guaranteed yield for four years or more within the meaning ofsection l49(g)(3)(A)(ii) of the Code. Further, the Issuer reasonably expects that at least 85percent of the spendable proceeds of the Bonds will be used to carry out the governmentalpurposes of the Bonds within the three-year period beginning on the date the Bonds are issued.
. : Fort Bend County Judge
Date: May 2, 2001
Attachments:
Exhibit A: Issue Price Certificate
Exhibit B: Certificate of Financial Advisor
.J
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I EXHIBIT A
CERTIFICATE OF UNDERWRITERS
I, the undersigned officer of the Underwriters, make this certification for the benefit of allpersons interested in the exclusion from gross income for federal income tax purposes of theinterest on the Bonds: Each capitalized term used herein has the meaning or is the amount, asthe case may be, specified for such term in the Federal Tax Certificate to which this Exhibit A isattached (the "Federal Tax Certificate"). I hereby certify as follows in good faith as of the IssueDate:
.~I
1. I am the duly chosen, qualified and acting officer of the Underwriters for theoffice shown below my signature; as such, I am familiar with the facts herein certified and I amduly authorized to execute and deliver this certificate on behalf of the Underwriters. I am theofficer of the Underwriters charged, along with other officers of the Underwriters, withresponsibility for the Bonds.
2. The Underwriters have made a bona fide public offering to the public of theBonds at the issue prices to the public set out on the cover of the Official Statement. The issueprices set forth on the cover of the Official Statement were determined on the date the Bondswere purchased by the Underwriters based on the reasonable expectations regarding the initialpublic offering prices. The issue price for each maturity of the Bonds, represents the first price(including original issue premium and discount and accrued interest to the issue date only) of theBonds at which a substantial amount (at least 10 percent) of each such maturity was sold to thepublic. The aggregate of such issue prices of all of the Bonds is $29,094,504.69(the "IssuePrice"}, which price includes Pre-Issuance Accrued Interest in the amount of $119,810.69. Theinitial public offering price described above does not exceed the fair market value for the Bondson the sale date. The term "public," as used herein, does not include bondhouses, brokers,dealers, and similar persons or organizations acting in the capacity of underwriters orwholesalers.
3. The Issuer may rely on the statements made herein in connection with making therepresentations set forth in the Federal Tax Certificate and in its efforts to comply with theconditions imposed by the Code on the exclusion of interest on the Bonds from the gross incomeof their owners. Vinson & Elkins L.L.P. also may rely on this certificate for purposes of itsopinion regarding the treatment of interest on the Bonds as excludable from gross income forfederal income tax purposes.
B.till.'~
Date: May 2, 2001
Exhibit A-I
:4 EXHIBITB.-::;}
i, ...
!
CERTIFICATE OF FINANCIAL ADVISOR
I, the undersigned officer of the Financial Advisor, make this certificate for the benefit ofall persons interested in the exclusion from gross income for federal income tax purposes of theinterest on the Bonds. Each capitalized term used herein has the meaning or is the amount, as thecase may be, specified for such term in the Federal Tax Certificate to which this Exhibit B isattached (the "Federal Tax Certificate"). I hereby certify as follows as of the Issue Date:
I. I am the duly chosen, qualified and acting officer of the Financial Advisor for theoffice shown below my signature; as such, I am familiar with the facts herein certified and I amduly authorized to execute and deliver this certificate on behalf of the Financial Advisor. I amthe officer of the Fina.lcial Advisor who has worked with representatives of the Issuer instructuring the financial terms of the Bonds.
2. The Issue Price (including Pre-Issuance Accrued Interest) of the Bonds based onthe representations set forth in Exhibit A to the Certificate to which this Exhibit is attached is notmore than $29,094,504.69. The yield on the Bonds, based on such Issue Price (including Pre-Issuance Accrued Interest) is not less than 4.98038 percent (the "Yield"). For purposes of thiscertificate, the term "yield" means that yield which is computed as described in paragraph 10 ofthe Federal Tax Certificate. The purchase price of the Bonds and the Bond Insurance Premium, ifany, used in computing yield on the Bonds is based solely on the Issue Price Certificate of theUnderwriters attached as Exhibit A to the Federal Tax Certificate.
3. The Financial Advisor computed the Weighted Average Maturity of the Bonds tobe 12.966 years, as set forth in paragraph 19 of the Federal Tax Certificate.
4. To the best of my knowledge the statements set forth in paragraph 16 of theFederal Tax Certificate are true.
5. The Issuer may rely on the statements made herein in connection with making therepresentations set forth in the Certificate and in its efforts to comply with the conditionsimposed by the Code on the exclusion of interest on the Bonds from the gross income of theirowners. Vinson & Elkins L.L.P. also may rely on this certificate for purposes of its opinionregarding the treatment of interest on the Bonds as excludable from gross income for federalincome tax purposes.
FIRST SOUTHWEST COMPANY
By:~;r~=
Tit1~EPUS~
Date: May 2, 2001
Exhibit B-1
.1
Fonn 8038·G Information Return for Tax-Exempt Governmental Obligations
(Rev. November 2000)• UnderInternalRevenueCode_on 148(e)
OMS No. 154&'l720
Depertment of the Treasury• see .. parate Instruction•.
IntemaI ~ SeNe• Caullon: If the issue price is under $100,000, use Form 8tJ38.GC.IPart II Reporting Authority If Amended Return, check here. n
1 Issuer's name Z _.omploJ-ld_ numberFort Bend County, Texas 74-6001969
3 Number and street (or P.O. box if mail is not delivered to street address) RoornIsuite 4 Report number
301 Jackson 3 015 City, town. or post offtee, state. and ZIP code a Date of issue
Richmond, Texas 77469 May 2, 20017 Name of issue a CUSIPnumber
Unlimited Tax Road Bonds, Series 2001 346766FY9• Name and tide of ofticer or legaj representati ... whom the IRS may call for more information 10 Telephone number of offtcer 01'I.ntpI'8Hl'ltd ...
Honorable James C. Adolphus; County Jud2e (218) 341-8608IPart III Type of Issue (check applicable box( .. ) and enter the issue pries) See instructions and attach schedule11 o Education .................................................................. 1112 o Health and hospital. .......................................................... 1213 IXI Transportation .............................................................. 13 2897469414 o Public safety •............................................................... 1415 o Environment (including sewage bonds) ............................................ 1516 o Housing ................................................................... 1617 o Utilities .................................................................... 1718 o Other. Describe. ~~.~19 If obligations are TANs or RANs, check box. 0 If obligations are BANs, check box ...... :R20 If obligations are in the form of a lease or installment sale, check box .................IPart III I Description of Obligations. (Complete for the entire issue for which this form is being filed.)
(a) Final maturity date (b) Issue prlce (c) Statedredemption (d) Weighted (e) Yieldprice at maturity 8Y8r'8ge maturity
21 3/112021 $ 28,974,694 $ 29.000.000 12.966 vears 4.9038%IIi»art IV I Uses of Procseds of Bond Issue (Including underwriters' discount)22 Proceeds used for accrued interest .................................................. 22 11981123 Issue price of entire issue (enter amount from line 21, column (b)) .......................... 23 28.97469424 Proceeds used for bond issuance costs (including underwriters' discount) 24 29332025 Proceeds used for credit enhancement. .......................... 25 64238 ..26 Proceeds allocated to reasonably required reserve or replacement fund .. 26 027 Proceeds used to currently refund prior issues ..................... 27 028 Proceeds used to advance refund prior issues ..................... 28 0
'"29 Total (add lines 24 through 28) ..................................................... 29 357;558.0030 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) ........ 30 28,617.136.00
!:l'arlVI Description of Refunded Bonds (Complete this part only for refunding bonds.). .
)
• J 31 Enter the remaining weighted average maturity of the bonds to be currently refunded ...........•32 Enter the remaining weighted average maturity of the bonds to be advance refunded ...........•33 Enter the last date on which the refunded bonds will be called . . . . . . . . . . . . . . . . . . . . . . . . . . .. •
yearsyears
34 Enter the date(s) the refunded bonds were issued •IPart VI I Miscellaneous35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) ......... 35 (0)
36a Entertheamountofgrossproceedsinvestedorto be investedina guaranteedinvestmentcontract (see instructions).... 36a (0)b Enter the final maturity date of the guaranteed investment contract •
37 Pooledfinancings:a Proceedsof thisissuethat <Ie to be used tomakeloanstoothergovernmentalunits........... 37a (0)
SignHere
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box. 0and enter the name of theissuer. and the date of the issue. _
38 If the issuer has designated the issue under section 265(b)(3)(BXiXIII) (small issuer exception), check box .........•..• 039 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 040 If the issuer h identified a hedge, check box ..........................................................•
Under tties of perjury, Ideclare that I have examined this return and accompanying sehedules and statements, and to the best of my knowledge and belief,theyare e. correcl co Honorable James C. Adolphus,
5/2/2001 ll.. Fort Bend County JudgeDate ,. Type or print name and titletive
ForPaperwoSlF FED6403F
eduction Act Notice, see page 2 of the Instructions. ISA Form 8038·G (Rev. 11·2000)
I
~ ~I 'II
1 J
PAYING AGENTIREGISTRAR AGREEMENT
TIllS AGREEMENT (this "Agreement"), is entered into as of March 29, 2001, by andbetween Fort Bend County, Texas (the "Issuer"), and The Chase Manhattan Bank (the "Bank").
RECITALS OF THE ISSUER
The Issuer has duly authorized and provided for the issuance of its bonds, entitled "Fort BendCounty, Texas, Unlimited Tax Road Bonds, Series 2001" (the "Bonds") in an aggregate principalamount of $29,000,000 to be issued as fully registered bonds;
All things necessary to make the Bonds the valid obligations of the Issuer, in accordance withtheir terms, will be done upon the issuance and delivery thereof;
The Issuer and the Bank wish to provide the terms under which the Bank will act as Paying .Agent to pay the principal, redemption premium (if any) and interest on the Bonds, in accordancewith the terms thereof, and under which the Bank will act as Registrar for the Bonds;
The Issuer and the Bank have duly authorized the execution and delivery of this Agreement;and all things necessary to make this Agreement the valid agreement of the parties, in accordance withits terms, have been done.
NOW, THEREFORE, it is mut,ually agreed as follows:
ARTICLE ONE
APPOINTMENT OF BANK ASPAYING AGENT AND REGISTRAR
Section 1.0 1. Appointment.
The Issuer hereby appoints the Bank to act as Paying Agent with respect to the Bonds, to payto the Registered Owners of the Bonds in accordance with the terms and provisions of thisAgreement and the Order, the principal of, redemption premium (if any), and interest, on all or any ofthe Bonds.
The Issuer hereby appoints the Bank as Registrar with respect to the Bonds.
The Bank hereby accepts its appointment, and agrees to act as Paying Agent and Registrar.
Section 1.02. Compensation.
1
1
As compensation for the Bank's services as Paying Agent and Registrar, the Issuer herebyagrees to pay the Bank the fees set forth in the Bank's fee schedule attached as Annex A hereto. TheBank reserves the right to amend the fee schedule at any time, provided the Bank shall have furnishedthe Issuer with a written copy of such amended fee schedule at least 75 days prior to the date that thenew fees are to become effective.
ARTICLE TWO
DEFINITIONS
Section 2.01. Definitions.
For all purposes of this Agreement, except as otherwise expressly provided or unless thecontext otherwise requires:
"Bank" means The Chase Manhattan Bank, a New York banking corporation.
"Bond" or "Bonds" means anyone or all of the "$29,000,000 Fort Bend County, Texas,Unlimited Tax Road Bonds, Series 2001."
"Issuer" means Fort Bend County, Texas.
"Order" means the Order of the Issuer approved March 29, 2001, pursuant to which theBonds are issued.
"Paying Agent" means the Bank when it is performing the function of paying agent.
"Person" means any individual, corporation, partnership, joint venture, associations, jointstock company, trust, unincorporated organization or government or any agency or political
J subdivision of a government or any entity whatsoever.
"Registrar" means the Bank when it is performing the function of registrar.
All other capitalized terms shall have the meanings assigned in the Order.
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ARTICLE THREE
DUTIES OF THE BANK
Section 3.01. Initial Delivery of Bonds.
The Bonds will be initially registered and delivered to the purchaser designated by the Issueras set forth in the Order. If such purchaser delivers a written request to the Bank not later than fivebusiness days prior to the date of initial delivery, the Bank will, on the date of initial delivery,exchange the Bonds initially delivered for Bonds of authorized denominations, registered inaccordance with the instructions in such request and the Order.
Section 3.02. Duties of Paying Agent.
As Paying Agent, the Bank shall, provided adequate funds have been provided to it for such .purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of, redemptionpremium, if any, and interest, on each Bond in accordance with the provisions of the Order.
Section 3.03. Duties of Registrar.
The Bank shall provide for the proper registration of the Bonds and the exchange,replacement and registration of transfer of the Bonds, in accordance with the provisions of the Order.The Bank wilt maintain the books of registration in accordance with the Bank's general practices andprocedures in effect from time to time.
Section 3.04. Unauthenticated Bonds.
The Issuer shall provide an adequate inventory of unauthenticated Bonds to facilitatetransfers. The Bank covenants that it will maintain such unauthenticated Bonds in safekeeping andwill use reasonable care in maintaining such Bonds in safekeeping, which shall be not less than thecare it maintains for debt securities of other government entities or corporations for which it serves asregistrar, or which it maintains for its own bonds.
Section 3.05. Reports.
".:.~The Bank will provide the Issuer reports upon request, which reports will describe in
reasonable detail all transactions pertaining to the Bonds and the books of registration. The Issuermay also inspect and make copies of the information in the books of registration at any time the Bankis customarily open for business, provided that reasonable time is allowed the Bank to provide anup-to-date listing or to convert the information into written form .
The Bank will not release or disclose the content of the books of registration to any personother than to, or at the written request of, an authorized officer or employee of the Issuer, exceptupon receipt of a subpoena, court order or as otherwise required by law. Upon receipt of a subpoena,court order or other lawful request, the Bank will notifY the Issuer immediately so that the Issuer maycontest the subpoena, court order or other request.
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Section 3.06. Cancelled Bonds.
All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, ifsurrendered to the Bank, shall be promptly cancelled by it and, if surrendered to the Issuer, shall bedelivered to the Bank and, if not already cancelled, shall be promptly cancelled by the Bank. TheIssuer may at any time deliver to the Bank for cancellation any Bonds previously authenticated anddelivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so deliveredshall be promptly cancelled by the Bank. All cancelled Bonds held by the Bank shall be destroyed andevidence of such destruction furnished to the Issuer.
Section 3.07. Reliance on Documents. Etc.
(a) The Bank may conclusively rely, as to the truth ofthe statements and correctness ofthe opinions expressed therein, on certificates or opinions furnished to the Bank by the Issuer.
(b) The Bank shall not be liable to the Issuer for actions taken under this Agreement solong as it acts in good faith and exercises due diligence, reasonableness and care, as prescribed bylaw, with regard to its duties hereunder.
(c) This Agreement is not intended to require the Bank to expend its own funds forperformance of any of its duties hereunder.
(d) The Bank may exercise any of the powers hereunder and perform any duties hereundereither directly or by or through agents or attorneys.
Section 3.08. Monev Held by Bank.
Money held by the Bank hereunder shall be held in trust for the benefit of the RegisteredOwners of the Bonds.
The Bank shall be under no obligation to pay interest on any money received by it hereunder.
All money deposited with the Bank hereunder shall be secured in the manner and to the fullestextent required by law for the security of funds of the Issuer.
Any money deposited with the Bank for the payment of the principal, redemption premium (ifany) or interest on any Bond and remaining unclaimed by the Registered Owner after the expiration ofthree years from the date such funds have become due and payable shall be reported and disposed ofby the Bank in accordance with the provisions of Texas law including, to the extent applicable, Title 6ofthe Texas Property Code, as amended. The Bank shall have no liability to the Registered Ownersof the Bonds by virtue of actions taken in compliance with the foregoing provision.
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ARTICLE FOUR·,1ii
MISCELLANEOUS PROVISIONSi
iI Section 4,01. May Own Bonds,
The Bank, in its individual or any other capacity, may become the owner or pledgee of Bondswith the same rights it would have if it were not the Paying Agent and Registrar for the Bonds.
Section 4,02, Amendment
This Agreement may be amended only by an agreement in writing signed by both of the parties.~ hereof
" ,
Section 4.03. Assignment
This Agreement may not be assigned by either party without the prior written consent of theother.
Section 4.04. Notices.
Any request, demand, authorization, direction, notice, consent, waiver or other documentprovided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed ordelivered to the Issuer or the Bank, respectively, at the addresses shown herein, or such other addressas may have been given by one party to the other by 15 days written notice.
Section 4.05. Effect of Headings.
The Article and Section headings herein are for convenience only and shall not affect theconstruction hereof
Section 4.06. Successors and Assigns.
All covenants and agreements herein by the Issuer and the Bank shall bind their successorsand assigns, whether so expressed or not
Section 4.07. Severabilitv,
If any provision of this Agreement shall be invalid or unenforceable, the validity andenforceability of the remaining provisions hereof shall not in any way be affected or impaired.
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Section 4.08. Benefits of Agreement.
Notbing herein, express or implied, shall give to any Person, other than the parties hereto andtheir successors hereunder, any benefit or any legal or equitable right, remedy or claim hereunder.
Section 4.09. Order Governs Conflicts.
This Agreement and the Order constitute the entire agreement between the parties heretorelative to the Bank acting as Paying Agent and Registrar and if any conflict exists between thisAgreement and the Order, the Order shall govern.
Section 4.10. Term and Termination .
•~ This Agreement shall be effective from and after its date and may be terminated for any reasonby the Issuer or the Bank at any time upon 60 days written notice; provided, however, that no such.termination shall be effective until a successor has been appointed and has accepted the duties of theBank hereunder. In the event of early termination regardless of circumstances, the Bank shall deliverto the Issuer or its designee all funds, Bonds and all books and records pertaining to the Bank's roleas Paying Agent and Registrar with respect to the Bonds, including, but not limited to, the books ofregistration.
Section 4.11. Governing Law.
This Agreement shall be construed in accordance with and shall be governed by the laws ofthe State of Texas.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day andyear first above written.
ADDRESS: Corporate Trust DepartmentP. O. Box 4717Houston, TX 77210
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ANNEXA
FEE SCHEDULEBOND REGISTRAR, TRANSFER AGENT, AND PAYING AGENT
Book.Entry Only
$29,000,000FORT BEND COUNTY, TEXAS
UNLIMITED TAX ROAD BONDSSERIES 2001
ACCEPTANCEFor accepting appointment, execution of documents, attendanceat closing, conferring with interested parties and setting up records 500,00
BOND REGISTRARAnnual Administrative Charge 700.00
FEES AND EXPENSES
Bond CallsAccount Termination Fee (Minimum)Audit Confirmations (per issue)
300.001,000.00
75.00
Out-of-pocket expenses are assessed at 6% of invoice cost in addition to specifically identifiabletransactions described above. Expenses covered may include, but are not limited to, counsel fees,travel expenses, printing cost. long distance telephone calls, stationery, and forms. Fee are subjectto change.
All fees quoted are subject to our review and acceptance, and that of our counsel, of the documentsgoverning this issue.
OCHASE
THE RIG H T R E LA T ION 5 HIP IS EVE R Y T H I N G:"
I
PAYING AGENTIREGISTRAR'S RECEIPT
The undersigned duly authorized representative of The Chase Manhattan Bank, the payingagent/registrar for the following described bonds:...
FORT BEND COUNTY, TEXAS, UNliMITED TAX ROAD BONDS, SERIES2001, dated April 1, 2001, in the principal amount of $29,000,000,
certifies that said bonds have been delivered to the Underwriter, and that the purchase price has beenreceived on behalf of the County.
EXECUTED AND DELIVERED this 2nd day of May, 2001.
By~'t:J-Title: _
..._~
CLOSING CERTIFICATE
I, the undersigned, County Judge of Fort Bend County, Texas (the "County"), acting in myofficial capacity, hereby certify with respect to the County's $29,000,000 Unlimited Tax Road Bonds,Series 2001 (the "Bonds"), as follows:
1. This certificate is being given pursuant to Section 6(i)(7) of that certain Bond PurchaseAgreement (the "Bond Purchase Agreement") dated March 29,2001 between the County and LoopCapital Markets, LLC and Coastal Securities (the "Underwriters"). Capitalized terms herein are usedas defined in the Bond Purchase Agreement.
2. I certifYthat no event affecting the County has occurred since the dateof the Official Statement which should be disclosed in the OfficialStatement for the purpose for which it is to be used or which it isnecessary to disclose therein in order to make the statements andinformation therein, in light of the circumstances under which theywere made, not misleading in any material respect as of the ClosingDate, and the information contained in the Official Statement did not,and as of the Closing Date does not, contain any untrue statement of amaterial fact or omit to state a material fact required to be statedtherein or necessary to make the statements made therein, in the lightof the circumstances under which they were made, not misleading.
SIGNED as of May 2,2001, the date of payment for and delivery of the Bonds.
FORT BEND COUNTY, TEXAS
ia!n
UNDERWRITER'S RECEIPT
The undersigned duly authorized representative of Loop Capital Markets LLC, theUnderwriter of the following described bonds:
FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES2001, dated April 1, 2001, in the principal amount 0/$29,000,000,
acknowledges receipt of the bonds; acknowledges that the bonds have been delivered and received inthe proper form and in accordance with the terms of the agreement to purchase the bonds; aridcertifies that the bonds have been paid for in full.
EXECUTED AND DELIVERED this 2nd day of May, 2001.
B, Clli&£lkYsFMY#rPCTitle: _"':'--il~~=~=-----
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Vinson &ElkinsATIORNEYS AT LAW
VINSON & ELKINS L.L.P.
2300 ARST CITY TOWER
1001 FANNIN STREET
HOUSTON~ TEXAS 77001·'760TELEPHONE(713) 758·2222
FAX (7Il) 758-23<'6
May 2, 2001
FORT BEND COUNTY, TEXASLOOP CAPITAL MARKETS, LLCCOASTAL SECURITIES
Re: $29,000,000 Fort Bend County, Texas,Unlimited Tax Road Bonds, Series 2001
Ladies and Gentlemen:
This letter is being furnished pursuant to Section 6(i)(4) of the Bond Purchase Agreement,dated March 29, 2001 (the "Bond Purchase Agreement"), between the Underwriters referred totherein and Fort Bend County, Texas (the "Issuer"), relating to the issuance and sale by the Issuer ofits $29,000,000 Unlimited Tax Road Bonds, Series 2001 (the "Bonds"). Terms not otherwisedefined herein shall have the same meanings as set forth in the Bond Purchase Agreement.
We have acted as Bond Counsel for the Issuer in connection with the issuance and sale of theBonds. It is our opinion that
(A) the Order has been duly adopted and is in full force and effect; and
(B) the Bonds are exempt securities under the Securities Act of193 3, as amended(the" 1933 Act"), and it is not necessary, in connection with the offering and sale ofthe Bonds, to register the Bonds under the 1933 Act or to qualify the Bond Orderunder the Trust Indenture Act of 1939, as amended.
(C) the statements and information contained in the Official Statement under theheadings "THE BONDS" (except for the information under the subcaption "BookEntry Only System"), "OTHER INFORMATION - Legal Investments and Eligibilityto Secure Public Funds in Texas," "OTHER INFORMATION - Legal Matters,""TAX MATTERS" and "OTHER INFORMATION - Continuing Disclosure ofInformation" (except for the section captioned "Compliance with PriorUndertakings"), fairly and accurately sununarize the matters purported to besummarized therein and the descriptions of the Order and the Bonds in the OfficialStatement present a fair description for the purposes intended.
HOUSTON AUSTIN BEIJING DALLAS LONDON MOSCOW NEW YORK SINGAPORE WASHINGTON, D_C.
This opinion may be relied upon only by the parties to whom it is addressed. We disclaimany obligation to supplement this opinion to reflect any facts or circumstances that may hereaftercome to our attention or any changes in the law that may hereafter occur.
LOOP CAPITAL MARKETS, LLCCOASTAL SECURITIESc/o Loop Capital Markets, LLC440 Louisiana, Suite 900Houston, Texas 77002
Re: $29,000,000 Fort Bend County, Texas, Unlimited Tax Road Bonds, Series 2001
Ladies and Gentlemen:
We have served as counsel to you, as the Underwriters, in your purchase of the captionedbonds (the "Bonds") issued by Fort Bend County, Texas (the "County"). In that connection, wehave reviewed (I) the order adopted by the Commissioners Court on March 29, 2001 (the"OTder") authorizing the issuance of the Bonds and containing other matters, (2) the PreliminaryOfficial Statement for the Bonds, dated March 13, 2001, and (3) the Official Statement for theBonds, dated March 29, 2001.
Based on (I) our review of the documents described above, (2) our discussions with bondcounsel and with you, (3) our review of the documents, certificates, opinions and otherinstruments delivered at the closing of the sale of the Bonds on the date hereof and (4) such othermatters as we deem relevant, we are of the opinion that the Bonds are exempt securities that donot require registration under the Securities Act of 1933, as amended, and it is not necessary, inconnection with the offering and sale of the Bonds, to register any securities undeT the SecuritiesAct of 1933, as amended, and the Order need not be qualified under the Trust Indenture Act of1939, as amended.
In addition, based upon our participation in the preparation of the Preliminary OfficialStatement and the Official Statement, which does not include our independent inquiry orinvestigation into the accuracy, completeness or fairness of the statements contained therein,nothing has come to our attention to lead us to believe that the Preliminary Official Statement orthe Official Statement (except for financial and statistical data therein about which we are notcalled upon to comment), as of their dates or as of the date hereof, contained or contains anyuntrue statement of a material fact, or omitted or omits to state any material facts required to bestated therein or necessary to make the statements therein, in the light of the circumstances underwhich they were made, not misleading.
HOU:652520.\
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May 2, 2001Page 2
ANDREWS & KURTH LLP.
This opinion may be relied upon only by you.
7867/7866
HOU:652520.\
Very truly yours,
.-!
PRELIMINARY OFFICIAL STATEMENT DATED MARCH 13, 2001Ratings: Moody's: "Aa2"
S&P: "AA"See ("OTHER INFORMATION -
Ratings" herein)
NEW ISSUE - Book-Entry-OnlyIN THE OPINION OF BOND COUNSEL iNTEREST ON THE BONDS IS EXCLUDABLE FROM GROSS INCOME FOR FEDERAL
INCOME TAX PURPOSES UNDER EXISTiNG LAW AND THE BONDS ARE NOT PRIVATE ACTIVITY BONDS. SEE "TAX MATTERS-TAX EXEMPTION" HEREIN FOR A DISCUSSiON OF THE OPINiON OF BOND COUNSEL INCLUDiNG A DESCRiPTION OF ALTERNA-TIVE MINiMUM TAX CONSEQUENCES FOR CORPORATiONS.
$29,000,000FORT BEND COUNTY, TEXAS
UNUMITED TAX ROAD BONDS, SERIES 2001Dated Date: March 15, 2001 Due: March 1, as shown on the inside coyer
PAYMENT TERMS __ . Interest on the $29,000,000 Fort Bend County, Texas, Unlimited Tax Road Bonds. Series 2001(the "Bonds") will accrue from March 15,2001, (the "Dated Date") and will be payable March 1 and September 1 ofeach year commencing September I, 2001, and will be calculated on the basis of a 36D-day year consisting of twelve30-day months. The definitive Bonds will be initially registered and delivered only to Cede & Co., the nOlrJnee of TheDepository Trust Company ("DTC") pursuant to the Book-Entry-Only System described herein. Beneficial ownership ofthe Bonds may be acquired in denominations of $5,000 or integral multiples thereof. No physical delivery of the Bondswill be made to the beneficial owners thereof. Principal of, premium, if any, and interest on the Bonds will be payable bythe Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participatingmembers of DTC for subsequent payment to the beneficial owners of the Bonds. See "THE BONDS - BOOK-ENTRY-ONLY SYSTEM" herein. The initial Paying Agent/Registrar is The Chase Manhattan Bank (see "THE BONDS-PAYING AGENT/REGISTRAR").AUTHORITYFOR IssUANCE .•• The Bonds are issued pursuant to the Constitution and general laws of the State of Texas,(the "State") including particularly Chapter 1471, Texas Government Code, as amended, and are direct obligations ofFort Bend County, Texas (the "County"), payable from a continuing ad valorem tax levied on all taxable property withinthe County, without legal limit as to rate or amount, as provided in the order authorizing the Bonds (the "Order") (see"THE BONDS - AUTHORITY FOR ISSUANCE").PURPOSE. , , Proceeds from the sale of the Bonds will be used for the construction, purchase, maintenance, and operationof macadamized, graveled and paved roads and turnpikes, and the aid therefor, and to pay the costs of issuance of theBonds.
See Maturity Schedule on the Inside Cover
OPTIONALREDEMPTION, .. The County reserves the right. at its option, to redeem Bonds having stated maturities on andafter March I, 2011, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on March 1, 2010,or any date thereafter, at the par value thereof plus accrued interest to the date of redemption (see"THE BONDS-OPTIONAL REDEMPTION").MANDATORYSINKING FUND REDEMPTION ... In addition to the foregoing optional redemption provision, if principalamounts designated in the serial maturity schedule on the inside cover are combined to create Term Bonds, each suchTerm Bond shall be subject to mandatory sinking fund redemption commencing on March 1 of the first year which hasbeen combined to form such Term Bond and continuing on March 1 in each year thereafter until the stated maturity dateof that Term Bond, and the amount required to be redeemed in any year shall be equal to the principal amount for suchyear set forth in the serial maturity schedule on the inside cover. Term Bonds to be redeemed in any year by mandatorysinking fund redemption shall be redeemed at par and shall be selected by lot from and among the Term Bonds thensubject to redemption. The County, at its option, may credit against any mandatory sinking fund redemption requirementTerm Bonds of the maturity then subject to redemption which have been purchased and canceled by the County or havebeen redeemed and not theretofore applied as a credit against any mandatory sinking fund redemption requirement.
LEGAUTY . ,. The Bonds are offered for delivery when, as and if issued and received by the Underwriters and subject tothe approving opinion of the Attorney General of Texas and the opinion of Vinson & Elkins L.L.P .. Bond Counsel,Houston, Texas (see"APPENDIX C - FORM OF BOND COUNSEL'S OPINION"). Certain legal matters will be passedupon for the Underwriters by Andrews & Kurth L.L.P., Houston, Texas.DEUVERY .. , It is expected that the Bonds will be available for delivery through The Depository Trust Company onApril 25, 2001.
Loop Capital Markets, LLC Coastal Securities
I ;
MATURITY SCHEDULE nt <
Maturity Price or MaluTit) Price or ' jl '
Principal March I Rate Yield Principal March I Rate Yield
2.050,000 2009 2,050.000 2019 n2.050.000 2010 2.050,000 2020 U i .",-
2.050.000 2011 2,050.000 2021 ,.(Accrued Interest from March 15,2001 to be added) n ,.
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For purposes 0/ compliance with Rule' 5c2-12 of the Securities and Exchange Commission. as amended and in eflect on thedate hereof, thiS documents constitutes an Official Statement of the County with respect to the Bonds that has been "deemedfina' " by the County as o/its date except/or the omission 0[71.0 more than the information permitted by Rule 15c2~J 2.
This OjJicial Statement, which includes the cover page and the Appendices hereto, does not constitute an offer to sell or thesolicitation of an offer to buy in any jurisdiction to any person to whom it is unlawful to make such offer, solicitation or sale.
No dealer, broker, salesperson or other person has been authorized to give information or to make any representation othertlran those contained in this OffiCial Statement, and. if given or made, such other information or representations must not berelied upon.
The informalion set forth herein has been obtained from the County and other sources believed to be reliable, but suchinformation is not guaranteed as to accuracy or completeness and is not to be construed as the promise or guarantee of theFinancial Advisor or the Underwriters. This OffiCial Statement contains. in part, estimates and matters of opinion which are notintended as statements 0/fact. and no representation is made as to the correctness of such estimates and opinions, or that theywill be realized.
The information and expressions o[ opinion contained herein are subject to change without notice. and neither the delivery ofthis OffiCial Statement nor any sale made hereunder shall. under any circumstances. create any implication that there has beenno change in the affairs oj the County or other matters described.
TABLE OF CONTENTS
OFFICIAL STATEMENT SUMMARy 5SELECTED FINANCIAL INFORMATION . .. 6
GENERAL FUND CONSOLIDATED STATEMENT SUMMARY 6
COUNTY OFFICIALS, STAFF AND CONSULTANTS :•••••••••• 7ELECTEDOFFiCiALS , , , , , ,.. ,.. , , " , ,.,., 7OTHER ELECTED AND APPOINTED OFFiCiALS.................................................... . 7
DEBT INFORMATION 20TABLE 9 • PRO·FoRMA GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS 20TABLE 10 INTERESTAND SINKING FUND BUDGET PROJECTION 20AUTHORIZED BUT UNISSUED BONDS 20ANTICIPATED ISSUANCEOF GENERAL OBLIGATION DEBT 20FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION 21FORT BEND COUNTY TOLL ROAD AUTHORITY 21TABLE 12 • OTHER OBLIGATIONS 21
FINANCIAL INFORMATION 22TABLE 13 - GENERAL FUND REVENUES AND EXPENDITURE HISTORY 22
TABLE 14 • SPECIAL REVENUE FUNDS STATEMENT OF REVENUESAND EXPENDITURESAND CHANGES IN FUND BALANCE 23FINANCIAL POLICIES 23
TAX MATTERS 26TAX EXEMPTION 26TAX ACCOUNTING TREATMENT OF ORIGINAL ISSUE DISCOUNT BONDS 26
OTHER INFORMATION 27RATINGS..... . 27LITIGATION , 27REGISTRATION AND QUALIFICATION OF BONDS FOR SALE.............. . 17
LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS . 28
LEGAL MATTERS .. . 28AUTHENTICITY OF FINANCIAL DATA AND OTHER INFORMATION . 28
CONTINUING DISCLOSURE OF INFORMATION............................. . 28
ANNUAL REPORTS . 28MATERIAL EVENT NOTiCES 29AVAILABILITY OF INFORMATION FROM NRMSJRs AND SID 29LIMITATIONS AND AMENDMENTS 29COMPLIANCE WITH PRIOR UNDERTAKINGS 29
FINANCIAL ADViSOR 30UNDERWRITING 30
CERTIFICATION OFTHE OFFICIAL STATEMENT 30
APPENDICES
GENERAL INFORMATION REGARDING THE COUNTy" " " A
EXCERPTS FROM THE FORT BEND COUNTY ANNUAL FINANCIAL REPORT B
FORM OF BOND COUNSEL'SOPINION C
The cover page hereof, this page. the appendices included herein and any addenda. supplement or amendment herelO. are part ofthe Ofticial Statement.
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OFFICIAL STATEMENT SUMMARY
This summary is subject in all respects to the more complete infonnation and definitions contained or incorporated in thisOfficial Statement. The offering of the Bonds to potential investors is made only by means of this entire Official Statement. Noperson is authorized to detach this summary from this Official Statement or to otherwise use it without the entire OfficialStatement.
THE COUNTY The County is a legal subdivision of the State of Texas. located in southeast Texas. TheCounty covers approximately 886 square miles. The City of Richmond is the County Seat.
THE BoNDS.................................. The Bonds are issued as 529.000.000 Unlimited Tax Road Bonds. Series 200 I. The Bonds areissued as serial Bonds maturing March I. 2002 through March I. 202 J. unless theUnderwriters designate one or more maturities as a Term Bond (see ·'THE BONDS -DESCRIPTIONOFTHEBONDS").
PAYMENT OF INTEREST Interest on the Bonds accrues from March 15.2001. and is payable September I. 2001. andeach March I and September I thereafter until maturity or prior redemption (see ··THEBONDS - DESCRIPTIONOFTHE BONDS" and "THE BONDS - OPTIONALREDEMPTION").
AUTHORIT,\, FOR ISSUANCE The Bonds are issued pursuant to the constitution and general laws of the State. includingparticularly Chapter 1471, Texas Government Code. as amended. and an Order passed by theCommissioners Court of the County (see "THE BONDS· AUTHORITY FORISSUANCE").
SECURITY FOR THEBONDS The Bonds constitute direct obligations of the County. payable from the levy and collection of
a direct and continuing ad valorem tax. without legal limit as to rate or amount. on all taxableproperty located within the County (see "THE BONDS - SECURITY AND SOURCE OFPAYMENT").
REDEMPTION The County reserves the right. at its option. to redeem Bonds having stated maturities on ilndafter March I. 20 t I. in whole or in part in principal amounts of $5.000 or any integralmultiple thereof. on March I. 20 IO. or any date thereafter. at the par value thereof plusaccrued interest to the date of redemption (see "THE BONDS - OPTIONALREDEMPTION").
TAX EXEMPTION In the opinion of Bond Counsel. the interest on the Bonds is excludable from gross income forfederal income tax purposes under existing law and the Bonds are not private activity bonds. See'TAX MAITERS - TAX EXEMPTION"for a discussion of the opinion of Bond Counsel.including a description of the alternative minimum tax consequences for corporations.
USE OF PROCEEDS ...•...........•..•••.. Proceeds from the sale of the Bonds will be used for the construction. purchase. maintenance.and operation of macadamized. graveled and paved roads and turnpikes. and the aid therefor.and to pay the costs of issuance of the Bonds.
RATINGS . The Bonds are rated "Aa1" by Moody's Investors Service. Inc. ("Moody's·') and ··AA·· byStandard & Poor's Ratings Services. A Division of The McGraw-Hili Companies. Inc.("S&P"). The County also has three issues outstanding which are rated "Aaa" by Moody'sand "AAA" by S&P through insurance by various commercial insurance companies (see"OTHER INFORMATION - RATINGS").
BOOK-ENTRY-ONL \'
SYSTEM The definitive Bonds will be initially registered and delivered only to Cede & Co .. thenominee of DTe pursuant to the Book-Entry-Only System described herein. Benelicialowm::rship of the Bonds may be acquired in denominations of 55.000 or integral multiplesthereof. No physical delivery of the Bonds will be made to the beneticial owners thereofPrincipal at: premium. if any. and interest on the Bonds will be payable by the PayingAgent/Registrar to Cede & Co .. which will make distribution of the amounts so paid to theparticipating members of DTC for subsequent payment to the beneficial owners of the Bonds(see "THE BONDS - BOOK-ENTRY-ONLY SYSTEM") .
PA \'!\-IENT RECORD The County has never defaulted in payment of its general obligation debt
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SELECTED FINANCIAL INFORMATION
Ratio TaxPer Capita General Per Debt to
Estimated Taxable Taxable Obligation Capita Taxable Percent OfFiscal Vear County Assessed Assessed ("G.O.") G.O. Assessed Total Tax
(I) Source: The Texas State Data Center on July I of each year.(2) As reponed by the Fort Bend Central Appraisal District: subject to change during the ensumg year(3) Estimated by the University of Houston Center for Public Policy.(4) 2001 population estimate not available.(5) Projected. includes the Bonds.(6) Partial collections through January 3 I, 200 I
Beginning Balance S 26.234.230 S 18.681.969 S 16.825.236 (I) $11.41 1.012 $ 12.136.410 $ 8.125.984Tolal Revenue 88.752,410 82.419.808 71.064.1 17 66.129.991 59.345.198 55.922.822Total Expenditures 82,049.497 73.958,466 68.446.099 60.346.715 57.164.094 50.589.777Transfer In (Out) (6.381,295) (909.081 ) (761.285) ( 1.265.656) (2.906.502) ( 1.322.619)Ending Balance S 26555.848 S 26.234.230 S 18.681.969 S 15.928.632 S 11.411.012 S 12.136.410
(I) Beginning fund balance changed by S896,604 due to market value adjustments in connection with implementation of GASB Statement 31Accounting and Financial Reponing for Certain Investments and for Extemallnvestment Pools.
Financial Advisor First Southwest CompanyHouston. Texas
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OFFICIAL STATEMENT
RELATING TO
$29,000.000FORT BEND COUNTY. TEXAS
UNLIMITED TAX ROAD BONDS, SERIES 2001
INTRODUCTION
This Official Statement. which includes the Appendices hereto. provides certain intonnation regarding the issuance of$29.000.000 Fort Bend County. Texas. Unlimited Tax Road Bonds. Series 2001. Capitalized terms used in this OllicialStatement have the same meanings assigned to such terms in the Order to be adopted on the date of sale of the Bonds which willauthorize the issuance of the Bonds. except as otherwise indicated herein.
There follows in this Official Statement descriptions of the Bonds and certain information regarding the County and its tioanecs.All descriptions of documents contained herein are only summaries and are qualified in their entirety by reference to ea<:h suchdocumc:nt. Copies of such documents may be obtained from the County's Financial A.dvisor. First Southwest ClJmpany.
Houston. Texas.
DESCRIPTION OF THE COUNTY
The County was organized in 1838 and operates as specified under the Constitution of the State of Texas and statutes which' providefor a Commissioners Coun consisting of the County Judge and four Commissioners. one from each of four geographicalCommissioners Precincts. The County Judge is elected for a term of four years and the Commissioners for four year staggered teons.Other major County elected officers include the County Clerk and County Treasurer. The County Auditor is appointed for a term lJftwo years by and serves at the will of the District Judges whose couns are located in Fort Bend County. The 1990 Censuspopulation for the County was 225.421. an increase of 72% over the 1980 population of 130.846. The University of HoustonCenter for Public Policy estimates the 2000 population to be 362.778. The County covers approximately 886 square miles. The
City of Richmond is the County Seat.
THE BONDS
DESCRIPTION OF THE BoNDS
The Bonds are dated March 15.2001. and mature. or are subject to mandatory redemption prior to maturity. on March I in eachof the years and in the amounts shown on the inside cover page hereof. Interest will be computed on the basis of a 360eday yearof twelve 30eday months. and will be payable on March 1 and September I. commencing September l. 2001. The definitiveBonds will be issued only in fully registered form in integral multiples of 55.000 tor anyone maturity and will be initiallyregistered and delivered only to Cede & Co .. the nominee of The Depository Trust Company ("DTC") pursuant to the Book·EntryeOnly System described herein. No physical delivery of the Bonds will be made to the beneficial owners thet"eof.Principal of. premium. if any. and interest on the Bonds will be payable by the Paying Agent/Registrar to C~de & Co .. which \\'illmake distribution of the amounts so paid to the participating members of OlC for subsequent payment to the beneficial ownersof the Bonds. See "BOOKeENTRYeONLYSYSTEM"herein.
AlITHORITY FOR ISSllANCE
The Bonds are issued pursuant to the Constitution and general laws of the State of Texas. particularly Chapter 1471. TexasGovernment Code. as amended: an election held November 7. 2000. and passed by a rna:iority of the participating. voters; and the
Order.
SEClIRln' A:'IiD SOllRCE OF PAYMENT
All ta'Xable property within the County is subject to a continuing direct annual ad valorem la'X. \...·ithout limit as to rate or amount.levied by the County sufficient to provide lor the payment of principal of and interest on all obligations payable: in whole or in partfrom ad valorem taxes. which tax is without legal limit as to rate or amount.
TAX RATE LIMITATION
ROADBONDS. . An unlimited ta'Xrate is authorized tor debt service by Anicle III. Section 52 of the Texas Constitution; however.total debt cannot exceed 25% of assessed valuation. The Bonds are unlimited ta'Xbonds payable from this Constitution tax.
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OPTIONAL REDEMmON
The County reserves the right., at its option. to redeem Bonds having stated maturities on and after March I, 20 I J. in whole or inpart in principal amounts of $5.000 or any inlegral multiple thereof, on March I. 20 IO. or any date thereafter, at the par valuethereof plus accrued inlerest to lhe date of redemption. If less than all of the Bonds are 10 be redeemed, the County may selectthe maturities of Bonds to be redeemed. If less than all the Bonds of any maturity are to be redeemed, the PayingAgenliRegistrar (or DTC while lhe Bonds are in Book-Entry-Only form) shall determine by lot the Bonds. or portions thereof.within such maturity ro be redeemed. If a Bond (or any portion of the principal sum thereot) shall have been called forredemption and notice of such redemption shall have been given. such Bond (or the principal amount thereof to be redeemed)shall become duc and payable on such redemption date and interest thereon shall cease to accrue from and after the redemptiondate, provided funds for the payment of the redemption price and accrued interest thereon are held by the Paying Agent/Registraron the redemption date.
MANDATORY SINKING FUND REDEMPTION
In addition to the foregoing optional redemption provision. if principal amounts designated in the serial maturity schedule on theinside cover are combined to create Term Bonds. each such Term Bond shall be su~iect to mandatory sinking fund redemptioncommencing on March I of the first year which has been combined to form such Term Bond and continuing on March I in eachyear thereafter until the stated maturity date of that Term Bond. and the amount required to be redeemed in any year shall beequal to the principal amount for such year set forth in the serial maturity schedule on the inside cover. Term Bonds lO beredeemed in any yearby mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from andamong the Term Bonds then subject to redemption. The County. at its option. may credit against any mandatory sinking fundredemption requirement Term Bonds of the maturity then subject to redemption which have been purchased and canceled by theCounty or have been redeemed and not theretofore applied as a credit against any mandatory sinking fund redemptionrequirement.
NOTICE OF REDEMPTION
Not less than 30 days prior to a redemption date tor the Bonds. the County shall cause a notice of redemption to be sent byUnited States mail. first class. postage prepaid. to the registered owners of the Bonds to be redeemed. in whole or in pan. at theaddress of the registered owner appearing on lhe registration books of the Paying AgenliRegistrar. ANY NOTICE SO MAILEDSHALL BE CONCLUSIVELY PRESUMED TO HAVE BEEN DULY GIVEN. WHETHER OR NOT THE REGISTEREDOWNER RECEIVES SUCH NOTICE. NOTICE HAVING BEEN SO GIVEN, THE BONDS CALLED FOR REDEMPTIONSHALL BECOME DUE AND PAYABLE ON THE SPECIFIED REDEMPTION DATE. AND NOTWITHSTANDING THATANY BOND OR PORTION THEREOF HAS NOT BEEN SURRENDERED FOR PAYMENT. INTEREST ON SUCH BONDOR PORTION THEREOF SHALL CEASE TO ACCRUE.
DEFEASANCE
The Order provides for the defeasance of the Bonds when the payment of the principal of and premium. if any. on thl: Bonds.plus interest thereon to the due date thereof (whether such due date be by reason of maturity. redemption. or otherwise). isprovided by irrevocably depositing with a paying agent. in trust (l) money sufficient to make such payment or (2) DefeasanceSecurities. certified by an independent public accounting firm of national reputation to mature as to principal and intereslin suchamounts and at such times to insure the availability. without reinvestment. of sufficient money to make such payment. and allnecessary and proper fees. compensation and expenses of the paying agent for the Bonds. The Order provides that "DefeasanceSecurities" means (a) direct. noncallable obligations of the United States of America. including obligations that areunconditionally guaranteed by the United States of America. (b) noncallable obligations of an agency or instrumentality of theUnited States of America. including obligations that are unconditionally guaranteed or insured by the agency or instrumcntalityand that are rated as to investment quality by a nationally recognized investment rating linn not less than AAA or its l.:quivalcnl.and (c) noncallable obligarions of a state or an agency or a county. municipality. or other political subdivision of a state that havebeen refunded and that are rated as to investment quality by a nationally recognized investment rating firm not less than AAA orits equivalent. The County has additionally reserved the right. subject to satisfying the requirements of (1) and (2) abovc:. tosubstitute other Defeasance Securities tor the Defeasance Securities originally depositc:d. to reinvest the uninvested moneys 011
deposit for such defeasance and to withdraw for the benefit of the County moneys in excess of thc amount required for suchdefeasance .
Upon such deposit as described above. such Bonds shall no longer be regarded to be outstanding or unpaid. Provided. however.the County has reserved the option. to be exercised at the time of the defeasance of the Bonds. to call for redemption. at an earlierdate. those Bonds which have been defeased to their maturity date. if the County: (i) in the proceedings providing for thl: linnbanking and financial arrangements. expressly reserves the right to call the Bonds for redemption; (ii) gives notice of thereservation of that right to the owners of the Bonds immediately following the making of the tirm banking and financialarrangements; and (iii) directs that notice of the reservation be included in any redemption notices that it authorizes.
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BOOK-ENTRY-ONLY SYSTEM
The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Bonds. The Bonds willbe issued as fully-registered securities registered in the name of Cede & Co. (DTC's partnership nominee). One fully-registeredcertificate will be issued for each maturity of the Bonds in the aggregate principal amount of each such maturity and will bedeposited with DTC.
DTC is a limited-purpose trust company organized under the New York Banking Law. a "banking organization" within themeaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaningof the New York Uniform Commercial Code. and a "c1earing agency" registered pursuant to the provisions of Section 17A of theSecurities Exchange Act of 1934. DTe holds securities that its participants ("Direct Participants") deposit with DTC DTC alsofacilitates the settlement among Participants .of securities transactions. such as transfers and pledges. in deposited securitiesthrough electronic computerized book-entry changes in Participants' accounts. thereby eliminating the need for physicalmovement of securities certificates. Direct Participants include securities brokers and dealers. banks. trust companies. clearingcorporations. and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York StockExchange. Inc.. the American Stock Exchange. Inc.. and the National Association of Securities Dealers. Inc. Access to the DTCsystem is also available to others such as securities brokers and dealers. banks. and trust companies that clear through or maintaina custodial relationship with a Direct Participant. either directly or indirectly ("Indirect Participants"). The Rules applicable toDTC and its Participants are on file with the Securities and Exchange Commission.
Purchases of Bonds under the DTC system must be made by or through DTC Participants. which will receive a credit for suchpurchases on DTC's records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner") is in turn to berecorded on the Direct or Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC oftheir purchase. but Beneficial Owners are expected to receive written confirmations providing details of the transaction. 'as \\'dlas periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entt:red intothe transaction. Transfers of ownership interest in the Bonds are to be accomplished by entries made on the books ofParticipants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing theirownership interests in the Bonds. except in the event that use of the book-entry system described herein is discontinued.
To facilitate subsequent transfers. all Bonds deposited by Direct Participants with DTC are registered in the name of DTC'spartnership nominee. Cede & Co. The deposit of Bonds with DTe and their registration in the name of Cede & Co. dTect nochange in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds: DTC's records retleclonly the identity of the Direct Participants to whose accounts such Bonds are credited. which mayor may not be the BeneficialOwners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants. by Direct Participants to Indirect Participants.and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them. subjectto any statutory or regulatory requirements as may be in effect from time to time.
Redemption notices shall be sent to Cede & Co. If less than all of the Bonds within an issue are being redeemed. DTC's practiceis to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.
Neither OTC nor Cede & Co. will consent or vote with respect to the Bonds. Under its usual procedures. DTC mails an OmnibusProxy to the County as soon as possible after the Record Date (hereinafter defined). The Omnibus Proxy assigns Cede & Cu.'sconsenting or voting rights to those Direct Participams to whose accounts the Bonds are credited on the Record Date (identifiedin a listing attached to the Omnibus Proxy),
Principal and interest payments on the Bonds will be made to OTC. DTC's practice is to credit Direct Participants' accounts oneach payable dab: in accordance with their respective holdings shown on DTC's records unless DTe has reason to belie\'e that itwill not receive payment on such payable date. Payments by Participants to Beneficial Owners will be governed by standinginstructions and customary practices. as is the case with securities held for the accounts of customers in bearer form or registeredin "street name:' and will be the responsibility of such Participant and not of DTC. the Paying Agent/Registrar or the County.subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest toDTC is the responsibility of the County. disbursement of such payments to Direct Participants shall be the responsibility afOTe.and disbursement of such payments to the Beneticial Owners shall be the responsibility of Direct and Indirect Participants.
DTe may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonabh:notice to the County, Under such circumstances. in the event that a successor securities depository is not obtained. Bonds arcrequired to be printed and delivered.
The County may decide to discontinue use of the system of book·entry transt\;rs through DTC (or a successor securitiesdepository). In that event. Bonds will be printed and delivered.
According to DTC. the foregoing information with respect to DTC has been provided to the Industry for informational purposesonly and is not intended to serve as a representation. warranty. or contract moditiculion of any kind.
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Use a/Certain Terms in Other Sections of this Official Statement. In reading this Official Statement it should be understood thatwhile the Bonds are in the Book-Entry-Only System, references in other sections of this Official Statement to registered ownersshould be read to include the person for which the Participant acquires an interest in the Bonds, but (i) all rights of ownershipmust be exercised through DTC and the Book-Entry-Only System. and (ii) except as described above. notices that are to be givento registered owners under the Order will be given only to DTC.
Information concerning DTC and the Book-Entry System has been obtained from DTC and is not guaranteed as to accuracy orcompleteness by, and is not to be construed as a representation by the County or the Undenvriters.
PAYING AGENTIREGISTRAR
The initial Paying Agent/Registrar is The Chase Manhattan Bank. In the Order. the County retains the right to replace the PayingAgent/Registrar. The County covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are dulypaid and any successor Paying Agent/Registrar shall be a commercial bank or trust company organized under the laws of theUnited Stales or any state and duly qualified and legally authorized to serve as and perform the duties and services of PayingAgent/Registrar for the Bonds. Upon any change in the Paying Agent/Registrar for the Bonds. the County agrees to promptlycause a written notice thereof to be sent to each registered owner of the Bonds by United States mail. tirst class. postage prepaid.which notice shall also give the address of the new Paying Agent/Registrar.
TRANSFER., EXCHANGE AND REGISTRATION
In the event the Book-Entry-Only System should be discontinued. the Bonds may be transferred and exchanged on theregistration books of the Paying Agent/Registrar only upon presentation and surrender to the Paying Agent/Registrar and suchtransfer or exchange shall be without expense or service charge to the registered owner. except for any tax or other governmentalcharges required to be paid with respect to such registration. exchange and transfer. Bonds may be assigned by the execution ofan assignment fonn on the respective Bonds or by other instrument of transfer and assignment acceptable to the PayingAgent/Registrar. New Bonds will be delivered by the Paying Agent/Registrar. in lieu of the Bonds being transferred orexchanged. at the designated office of the Paying Agent/Registrar, or sent by United States mail, first class. postage prepaid. tothe new registered owner or his designee. To the extent possible. new Bonds issued in an exchange or transfer of Bonds will bedelivered to the registered owner or assignee of the registered owner in not more than three business days after the receipt of tileBonds to be canceled. and the written instrument of transfer or request for exchange duly executed by the registered owner or hisduly authorized agent. in fonn satisfactory to the Paying Agent/Registrar. New Bonds registered and delivered in an exchange ortransfer shall be in any integral multiple of $5.000 for anyone maturity and for a like aggregate principal amount as the Bondssurrendered for exchange or transfer. See "BOOK-ENTRY-ONLYSYSTEM"herein for a description of the system to be utilizedinitially in regard to ownership and transferability of the Bonds.
RECORD DATE FOR INTEREST PAYMENT
The record date ("Record Date") for the interest payable on the Bonds on any interest payment date means the close of businesson the 15th day of the preceding month.
In the event of a non-payment of interest on a scheduled payment date. and for 30 days thereafter. a new record date for suchinterest payment (a "Special Record Date") will be established by the Paying Agent/Registrar. if and when funds for the paymentof such interest have been received from the County. Notice of the Special Record Date and of the scheduled payment date ofthe past due interest ("Special Payment Date". which shall be 15 days after the Special Record Date) shall be sent at least fivebusiness days prior to the Special Record Date by United States mail. first class postage prepaid. to the address of each Holder ofa Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day nextpreceding the date of mailing of such notice.
BoNDHOLDERS' REMEDIES
The Order does not establish specific events of default with respect to the Bonds. Under State law there is no right 10 theacceleration of maturity of the Bonds upon the failure of the County to observe any covenant under the Order. Although aregistered owner of Bonds could presumably obtain a judgment against the County if a default occurred in the payment ufprincipal of or interest on any such Bonds. such judgment could not be satislied by execution against any propcrty of the County.Such registered owner's only practical remedy. if a default occurs. is a mandamus or mandata!)' injunction proceeding to compel
the County to levy. assess and collect an annual ad valorem tax sufficient to pay principal of and interest on the Bonds as itbecomes due. The enforcement of any such remedy may be difficult and time consuming and a registered owner could berequired to enforce such remedy on a periodic basis. The Order does not provide for the appointment of a trustee to represent tht::interests of the bondholders upon any failure of the County to perfonn in accordance with the terms of the Order. or upon anyother condition. Furthermore. the County is eligible to ·seek relief from its creditors under Chapter 9 of tht:: u.S. BankruptcyCode. Although Chapter 9 provides for the recognition of a security interest represented by a specifically pledged source ofrevenues. the pledge of taxes in support of a general obligation of a bankrupt entity is not specifically recognized as a securityinterest under Chapter 9. Chapter 9 also includes an automatic stay provision that would prohibit. without Bankruptcy Courtapproval. the prosecution of any other legal action by creditors or bondholders of an entity which has sought protectiun undcrChapler 9. Therefore. should the County avail itself of Chapter 9 protection from creditors. the ability to cnforce \I,.'ould besubject to the approval of the Bankruplcy Court (which could require that the action be henrd in Bankruptcy Court instead of
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other federal or state court); and the Bankruptcy Code provides tor broad discretionary powers of a Bankruptcy Court inadministering any proceeding brought before it. The opinion of Bond Counsel will note that all opinions relative to theenforceability of the Order and the Bonds are qualified with respect to the customary rights of debtors relative to their creditors.
USE OF BoND PROCEEDS
Proceeds from the sale of the Bonds are expected to be expended as follows:
Construction and ContingencyCosts oflssuance
Total
TAX INFORMATION
AD VALOREM TAX LAW ... The appraisal of propeny within the County is the responsibility of the Fort Bend County AppraisalDistrict (the "Appraisal District"). Excluding agricultural and open-space land. which may be taxed on the basis of productivecapacity, the Appraisal District is required under the Property Tax Code to appraise all property within the Appraisal District on thebasis of I00% of its market value and is prohibited from applying any assessment ratios. In detennining market value of property.different methods of appraisal may be used. including the cost method of appraisal. the income method of appraisal and market datacomparison method of appraisal. and the method considered most appropriate by the chief appraiser is to bl: used. State law further limitsthe appraised value ofa residence homestead fora tax year to an amount not to exceed the lesser of( I )the market value of the property. or(2) the sum of (a) 10% of the appraised value of the property for the last year in which the property was appraised for taxation times thenumber of years since the property was last appraised, plus (b) the appraised value of the property for the last year in which the propertywas appraised plus (c) the market value of all new improvements to the property. The value placed upon property within the AppraisalDistrict is subject to review by an Appraisal Review Board. consisting of three members appointed by thl: Board of Directors of theAppraisal District. The Appraisal District is required to review the value of property within the Appraisal District at least every threeyears. The County may require annual review at its own expense. and is entitled to challengt: tht: dctennination of appraised value.:ofproperty within the County by petition filed with the Appraisal Review Board.
Reference is made to the Texas Property Tax Code. for identification of property subject to taxation; property exempt or which maybe exempted from taxation. if claimed; the appraisal of property for ad valorem taxation purposes: and the procedures and limitationsapplicable to the levy and collection of ad valorem taxes.
Article VBI orthe State Constitution ("'Anicle VIII") and State law provide for certain exemptions from property taxes. the valuationof agricultural and open-space lands at productivity value. and the exemption of cenain personal property from ad valorem taxation.
Under Section I-b. Anicle VIII. and State law. the governing body of a political subdivision. at its option. may grant: (I) Anexemption of not less than $3.000 of the market value or the residence homestead of persons 65 years of age or older and the disabledfrom all ad valorem taxes thereafter levied by the political subdivision and (2) an exemption of up to 20% of the market value ofresidence homesteads. The minimum exemption under this provision is $5.000.
In the case of residence homestead exemptions granted under Sl:ction l·b. Article VIII. ad valorem taxes may continue, to helevied ag.ainst the value of homesteads exempted where ad valorem taxes have previously been pledged for the payment of debt ifcessation of the levy would impair the obligation of the contract by which the debt was created.
State law and Section 2. Article VIII. mandate an additional property tax exemption for disabled veterans or the surviving spouse orchildren of a deceased veteran who died while on active duty in the armed forces. The exemption applies to either real or personalproperty with the amount of assessed valuation exempted ranging from $5.000 to a ma:ximum of$12.000.
Article VIII provides that eligible owners of both agricultural land (Section I-<J) and open-space land (Section l-d·I). including.open~space land devoted to fann or ranch purposes or open-space land devoted to timber production. may electlo have such propert)appraised for property taxation on the basis of its productive capacity. The same land may nol be qualified under both Section I-d andl-d-1.
Nonbusiness personal property. such as automobiles or light trucks. are exempt from ad valorem taxation unless the governing bod)of a political subdivision elects to tax this property. Boats owned as nonbusiness property arc exempt from ad valorem taxation.
Articlc VIII. Section j.j. provides tor "freeport property" to be exempted from ad valorem taxation. Freeport property is detined asgoods detained in Texas for 175 days or less for the purpose of assembly. storage. manufacturing. processing or "tabrication.Decisions to continue to tax may be reversed in the future. Decisions to exempt freeport property are not subject to reversal.
The County and the other taxing bodies within its territory may agree to jointly create tax increment financing zones. under which thetax values on property in the zone are "frozen" at the value of the property at the time of creation of the zonc. The County also mayenter into tax abatement agreements to encourage economic development. Under tht: agrl:cments. a property owner agrees toconstruct ct:rtain improvements on its property. The County in turn agrees not to lI:v'~ a tax on all or part or the increased vallIe
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attributable to the improvements until the expiration of the agreement. The abatement agreement could last tor a period of up to 10years.
EFFECTIVE TAX RATE AND RoLLBACK TAX RATE
Before the later of September 30 or the 60'h day after the certified appraisal roll is received by the County, the CommissionersCourt must adopt a tax rate per S I00 taxable value for the current year. The tax rate consists of two components: (I) a rate forfunding of maintenance and operation expenditures, and (2) a rate for debt service.
Under the Property Tax Code. the County must annually calculate and publicize its "effective tax rate" and "rollback tax rate".The Commissioners Court may not adopt a tax rate that exceeds the lower of the rollback tax rate or 103% of the effective taxrate until it has held a public hearing on the proposed increase following notice to the taxpayers and otherwise complied with theProperty Tax Code. If the adopted tax rate exceeds the rollback tax rate the qualified voters of the County by petition mayrequire that an election be held to determine whether or not to reduce the tax rate adopted for the current year to the rollback taxrate.
"Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's tOlal taxable values(adjusted). "Adjusted" means lost values are not included in the calculation oflast year's taxes and new values are not includedin this year's taxable values.
"Rollback tax rate" means the rate that will produce last year's maintenance and operation tax levy (adjusted) from this year'svalues (adjusted) multiplied by 1.08 plus a rate that will produce this year's debt service from this year's values (unadjusted)divided by the anticipated tax collection rate.
The Property Tax Code provides that certain cities and counties in the State may submit a proposition to the voters to authorizean additional one·halfcent sales tax on retail sales of taxable items. If the addi[ional tax is levied. the etfective tax rat~ and therollback tax rate calculations are required to be offset by the revenue that will be generated by the sales tax in the current year.
Reference is made to the Property Tax Code for detinitive requirements for the levy and collection of ad valorem taxes and thecalculation of the various defined tax rates.
PROPERn' ASSESSMENT AND TAX PAYMENT
Property within the County is generally assessed as of January I of each year. Business inventory may. at the option of thetaxpayer. be assessed as of September I. Oil and gas reserves are assessed on the basis of a valuation process which uses anaverage of the daily price of oil and gas for the prior year. Taxes become due October I of the same year. and become delinquenton February I of the following year. Taxpayers 65 years old or older are permitted by State law to pay taxes on homesteads infour installments with the first due on February I of each year and the final installment due on August I.
PENALTIES AND INTEREST
Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows:
After July. penalty remains at 12%.. and interest increases at the rate of 1% each month. In addition. iran account is ddillquentin July. a 15% attorney's collection fee is added to the total tax penalty and interest charge. Under certain circumstances. taxeswhich become delinquent on the homestead of a taxpayer 65 years old or older incur a penalty of 8% per annum with naadditional penalties or interest assessed. In general, propeny subject to the County's lien may be sold. in whole or in parcels.pursuant to court order to collect the amounts due. Federal law does not allow for the collection of penalty and interest againstan estate in bankruptcy. Federal bankruptcy law provides that an automatic stay of action by creditors and other entities.including governmental units. goes into eflect with the filing of any petition in bankruptcy. The automatic stay preventsgovernmental units from foreclosing on property and prevents liens for post-pc:tition taxes from attaching to propeny.andobtaining secured creditor status unless. in either case. an order lifting the stay is obtained from the bankruptcy coun. In manycases post-petition taxes are paid as an administrative expense of the eslate in bankruptcy or by order of the bankruptcy court.
COlINTI' ApPLICATION OF TAX CODE
The County grants a maximum c:xcmption to the market value of the residence homestead of persons over 65 years of age ordisabled af $1 00.000. The County has granted an additional exro:mption of 20°'0 of the market value of residence hOIlll:steacJs.
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The County does not tax nonbusiness personal property; and the County collects its own t8.'(C5. The County does not permit splitpayments. and di,counts are not allowed. The County doe' tax freeport property. The County has adopted a tax abatementpolicy.
T AX ABATEMENT POLICY
The County has established a tax abatement program to encourage economic development. tn order to be considered for taxabatement. a project must meet several criteria penaining to job creation and property value enhancement. The value of propertysubject to abatement is shown in Table I.
TAX INCREMENT FINANCING
The County may establish tax increment reinvestment zones ("TIRZ") within a defined area of the County. The cost of certainimprovements in a TIRZ may be repaid by a contribution offulure tax revenues by the County. The County can elect to dedicateall. a portion ot:. or none of the tax revenue that is attributable to the increase in property values due to the improvements withinthe T1RZ. Tax increment financing i, governed by Chapter 311. Texas Tax Code.
TABLE I - VALUATION, EXEMPTIONS AND GENERAL OBLIGATION DEBT
2000 Market Valuation Establi'hed by Fort Bend County Appraisal District(exclUding totally exempt property) $ 19.475.387.332
Less Exemptions/Reductions at 100% Market Value:Residential Homestead ExemptionsOver 65 and/or Disabled Homestead ExemptionsDisabled and Deceased Veteran's ExemptionsDisabled PersonsAbatementsProductivity LossPolJurionHouse Bill 366HistoricalHomestead Cap
$ 1.847.557.217665.262.366
7.996.15064.428.600
229.543.590813.490.030
4.889.940194.980
3.840.637105.306.880 3.742.510.390
2000 Taxable A"e"ed Valuation $ 15.732.876.942
County Funded Debt Payable from Ad Valorem Taxe' (as of 12-31-00)Pennanent Improvement BondsPennanent Improvement Refunding BondsCertificates of ObligationFon Bend Flood Control Water Supply Corp. Revenue Bond'The Bond'
$ 8.070.00030.245.000
585.00017.810.00029.000.000
County Funded Debt Payable from Ad Valorem Taxe'
Rario Tax Supported Gross Debt to Taxable Assessed Valuation
2001 E,timated Population - 362.778'"Per Capita Taxable A"e"ed Valuation· $43.368
Per Capita Funded Debt - $236
$ 85.710.000
0.54%
(I) Estimated by the University of Houstoll Center for Public Policy
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TABLE 2 - TAXABLE ASSESSED VALUATIONS BY CATEGORY
Tax Year2000 1999 1998
%of %of %ofCategory Amounl TOlal Amounl Total Amounl TOlal
Real. Residenlial. Single-Family S 11,911,795.812 61.16% S 10,102,316,342 58.63% S 9,042,809,832 57.54%Reat Residential. Mulli-Farnily 323.391.745 1.66% 287.797.885 1.6'r'1o 222.300.670 1.41%Real. Vacanl LotsfTraets 507.494.400 2.61% 464,847.110 2.70% 470,033.390 2.99%Real. Acreage (Land Only) 946.963.000 4.86% 930.927.810 5.40% 941,609.010 5.99%Real. Fann and Ranch Improvements 153.097.611 0.79% 133.978.156 0.78% 123.229.911 0.78%Real. Commercial and Industrial 2,209.184.480 11.34% 1.937.117.790 11.24% 1.700.857,532 10.82%Real. Oil. Gas & Other Mineral Reserves 188.379.810 0.97% 167.894.040 0.97% 202.377.492 1.29%Real and Tangible Personal. Utilities 1.026.114.540 5.27% 1.202.383.113 6.98% 1.242.764.830 7.91%Tangible Personal. Commercial and Industrial 1.744.379.459 8.96% 1.641.652.126 9.53% 1.536.081.859 9.77%Tangible Personal. Other 41.870.015 0.21% 33.162.985 0.19% 30.206.810 0.19%Real. Inventory 373.541.510 1.92% 328.042.510 1.90% 201.978.580 1,29%Special Inventor): 49.174.650 0.25% 0.00% 0.00%New Exempt Property Supp. #7 300 0.00% 27.360 0.00% 228.990 0.00%Total Appraised Value Before Exemptions S 19.475.387.332 100.00% $ 17.230.147.227 100.00% $ 15.714.478.906 WO-.OO%Less: Total Exemptions/Reductions 3.742.510.390 3.206.795.934 2.883.592.280Taxable Assessed Value S 15.732.876.942 $ 14.023.351.293 S 12.830.886.626
Tax Year1997 1996
%of %01'Category Amount Total Amount Total
Real. Residential. Single-Family $ 8.334.831.962 56.39% $ 7.709.106.726 56.31%Real. Residential, Multi-Family 182.993.245 1.24% 157.906.765 1.15%Real. Vacant LotsfTracts 390.092.040 2.64% 402.747.590 2.94%Real. Acreage (Land Only) 993.486.030 6.72% 1.020.574.330 7.45%Reat Fann and Ranch Improvements 119.876.870 0.81% 110.707.390 0.81%Real. Commercial and Indusmal 1.516.865.815 10.26% 1.317.565.010 9.62%Real. Oil. Gas and Ollter Mineral Reserves 200.909.530 1.36% 130.797.650 0.96%Real and Tangible Personal. Utilities 1.309.177.984 8.86% 1.313.790.980 9.60%Tangible Personal. Commercial and Industrial 1.504.525.699 10.18% 1.304.647.605 9.53%Tangible Personal. Other 25.998.040 0.18% 22.095.850 0.16%Real. Inventory 201.506.180 1.36% 201.356.140 1.47%New Exempl Propeny Supp. #7 0.00% 0,00%Total Appraised Value Before Exemptions $ 14.780.263.395 100.00% S 13.691.296.036 100.00%Less: Total ExemptIOns/Reductions 2.699.723.904 2.458.151.077Taxable Assessed Value $ 12.080.539,491 S 11.233.144.959
NOTE: Valuations shown are cenified taxable assessed values reported by the Fort Bend (eRlml Appraisal District to the Stale Controller ofPublic Accounts. Certilied values are subject to ,hange Ihroughoul (he year as contested values are resolved and the Appraisal DIstrict updatesrecords
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TABLE J - VALUATION AND GENERAL OBLIGATION DEBT HISTORY
Ratio of Tax
Tax Supported
I Taxable Supported Debt TaxI :1 Taxable Asses.ed Debt to Taxable Supported,
I4
Fiscal Year Estimated Assessed Valuation Outstanding Assessed Debt Tax
'-1 Ending 12/31 Population(ll Valuation(2) Per Capita at End or Year Valuation Per Capita Year, 1996 302,017 $10.552,653,695 $ 34.941 $ 66.575,000 0.63% $ 220 1995
(I) Source: The Texas State Data Center on July I of each year.(2) As reported by the Fort Bend Central Appraisal District; subject to change dUring the ensuing year.(3) Source: The Texas State Data Center on January I.
~~~~ 1 (4) Source: The University of Houston Center for Public Policy.
'/ (5) 200 I population not available.(6) Projected. includes the Bonds.
TABLE4 - TAX RATE, LEVVANDCOLLECTIONHISTORY
Fiscal Year Tax Current Total TaxEnding 12/31 Rate Tax Levv Collections( 1) Collections{l) Year
County Total Tax Rate $ U.6041O $ 0.62410 $ 0.62431 $ 0.62910 $ 0.64410
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•
TABLE6 - TEN LARGEST TAXPAYERS
Name of Tax payer Nature of PropertvReliant Energy HL&PKaty Mills LId PartnershipTexas Instruments Inc.Fluor Daniel, Inc.Phillips Petroleum Co.Sugar Land Telephone Co.FP Centre LIDSTC Manufacturing GroupBergen Brunswig Drug ComAquiport Sugar Creek Inc.
Anicle VIII, Section 9. of the Texas Constitution. imposes a limit of $0.80 per SIOO Assessed Valuation for all constitutionalpurposes. including the General Fund. Permanent Improvement Fund. Road and Bridge Fund and Jury Fund. and debt service ofbonds. certificates. warrants and certificates of obligation issued against such funds. Administratively. the Attorney Gt:neral of theState of Texas will pennit allocation of$O.40 of the $0.80 constitutional tax rate for Limited Ta;,\ Bond debt service.
ROADBONDS... An unlimited tax rate is authorized for debt service by Article III. Section 52 orthe Texas Constitution: however.total debt cannot exceed 25% of assessed valuation. The Bonds are unlimited tax bonds payable from this Constitution tax.
TABLE 7 - TAX ADEQUACY
2001 Principal and Interest Requirements(l) , ..$0.05560 Tax Rate at 96% Collection Produces .
Average Principal and Interest Requirements (2001-2011)(1) ..
$0.05720 Tax Rate at 96% Collection Produces ..
Average Principal and Interest Requirements (2012-2021 )'1) .
$0.01880 Tax Rate at 96% Collection Produces .
Maximum Principal and Interest Requirements (2002)(1)..$0.06050 Tax Rate at 96% Collection Produces .
(I) PrOJected, includes the Bonds. Interest rates estimated for the purpose of illustration
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. $ 8.396.5348.397.580
.. ..... $ 8.636.0038.639.237
$ 2.824.3942.839.470
.. $ 9.128.6359.137.655
TABLE 8 - ESflMATED CONSOLIDATED OVERLAPPING DEBT
II
I
Expenditures of the various taxing entities within the territory of the County are paid out of ad valorem taxes levied by suchentities on properties within the County. Such entities are independent of the County and may incur borrowings to finance theirexpenditures. This statement of direct and estimated overlapping ad valorem tax bonds ("Tax Oebt") was developed lrominformation contained in "Texas Municipal Reports" published by the Municipal Advisory Council of Texas. Except for theamounts relating to the County, the County has not independently verified the accuracy or completeness of such infonnation. andno person should rely upon such information as being accurate or complete. Furthermore. certain of the entities listed may haveissued additional bonds since the date hereof, and such entities may have programs requiring the issuance of substantial amountsof additional bonds. the amount of which cannot be determined. The following table reflects the estimated share of overlappingTax Debt of the County ...... ,.., Total County's
Tax Year Tax Year G.O. Debt Estimated Overlapping2000 Taxable 2000 as of % G.O. Debt as
Assessed Value Tax Ratc 12-31-00 Applicable of 12-31-00
Fort Bend County S 15,732,876,942 S 0.6241 S 85,710.000 II) 100.00% S 85,710,000 II)
(I) "Outstanding Debt" does not include lease1puTchase obligations. Includes obligations of the Fort Bend Flood Control WaitT Suppl)Corporation.
(2) Average lile of the issue - 13.156 years
TABLE 10 INTERESTANDSINKING FUND BUDGET PROJECTION
Tax Supported Debt Service Requirements. Fiscal Year Ending December 31. 2001Interest and Sink.ing Fund. December 31. 2000Budgeted Interest and Sinking Fund Tax CollectionsPr~jected InterestOther Projected Revenue
Estimated Balance. December 31. 200 I
$
$ 1.343.1357.389.566
238.00055.660
$
8.396.534
9.026.361
629.827
AlTTUORIZED SLIT UNISSUED BONDS
Purpose
DateAuthorized111712000
AmountAuthorized
$ 86.000.000
IssuedTo Date
This UnissuedIssue Balance
$ 29.000.00U "' $ 57.000.UOO$Roads
(I) This Issue represents the first issue from the November 7. 2000 election.
ANTICIPATED ISSUANCE OF GENERAl. OBLIGATION DEBT
The Counly does not anticipate the issuance of additional general obligation debt within the next twelve months. HO\Vl.':vcr.various entities related to and supported in varying levels by the County. including the Fort Bend Flood Control Water SupplyCorporation and the Fort Bend County Toll Road Authority may issue additional bonds in the next several months. See helm.,.'for a discussion regarding these entities.
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II
FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION
The Fort Bend Flood Control Water Supply Corporation (the "Corporation") was crealed and organized by Fort Bend Counly.Texas in April. 1989 under the provisions of Article 1434a. Vernon's Texas Civil Statutes. as amended. and operates pursuant toChapter 67. Texas Water Code. The Corporation was organized to construct a major flood improvement p~iect in the easternportion of the County. The Corporation is a duly constituted authority of the County. not a political subdivision. authorized byChapter 67. Texas Water Code to finance drainage improvements by issuing tax-exempt revenue bonds on behalf of the County. TheCorporation is governed by a Board of Directors consisting of five members. all of whom are appointed by the County. All m~iordecisions and actions approved by the Board of Directors for Ihe Corporation must be approved and ratified by the CommissionersCourt of the County. including the issuance of bonds.
The Corporation entered into an agreement with the County and the Fort Bend County Drainage District (the "District") relatingto financing the construction of various flood control projects in the County. The outstanding debt of the Corporation is payablefrom impact fees assessed by the District against property as it is platted for development and County ad valorem taxes levied.within the limits prescribed by law. in an amount suflicient. together with available funds and impact fees. to pay the debt serviceon the Corporation' s Bonds.
FORT BEND COUN1Y TOLL ROAD AUTHORITY
The Fort Bend County Toll Road Authority (the "Authority") was created and organized by the County on January 28. 1997.under the provisions of Chapter 431. Texas Transportation Code. as amended. The Authority plans to construct. operate andmaintain toll roads within the County. The Authority is governed by a Board of Directors consisting of five members. appointedby Commissioners Court.
On November 7. 2000 voters approved $140.000.000 in bond authorization for the Authority. The bonds will be used tor twotoll road projects within the County. In the November election. the voters also authorized the County to levy taxes in support oftoll roads to the extent such toll roads do not produce sufficient revenues to support their operations and debt services. No tollroads have been built to date. and no debt has been issued to date. No issuance of bonds payable from toll road revenues isanticipated within the next twelve months.
TABLE 12-OTHEROBLIGATIONS
The County has the following requirements on various lease purchase agreements.
Year Ended\213\
TotalRequirements
$ 41.887InterestPrincipal
$ 2.262$ 39.6252001
PENSION FUND. . The County provides pension. disability and death benefits tor all of its full-time employees through anontraditional. joint contributory. defined contribution plan in the state~wide Texas County and District Retirement System(TCDRS). Under the state law governing TCDRS. the contribution rate of the County is a lixed percent equallo the eolllribullOllrale payable by the employee member. which is 7.0% as adopted by the governing body of the County. This rate is not aCluariallydetermined and is one of the rates that can be adopted in accordance with the TCDRS Act. However. the plan of bendits adoptedby the employer at the time of plan inception and when benefit increases are adopted is limited by statute to what the actuarydetermines can be adequately financed by the commitment of the employer to conlribute the same amount as the employee. Thestatute specifies that the actuary's determination is based on a maximum period for amortizing the unfunded pension benefitobligation of 30 years. (For more detailed infonnation concerning the retirement plan. see "APPENDIX C ~ EXCERPTSrROM THE
COUNTY'S ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDING DECEMBER 31. 1999" - Note # 7.)
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..
FINANCIAL INFORMATION
TABLE 13 - GENERAL fuND REVENUES AND EXPENDITURE HISTORV
Revenues Over (Under) Expenditures 6,702,913 8.461.342 2.618.018 5,783.276 2.181.104 5.333.045
Transfer In (Out) (6,381.29S) (909,081) (761,285) ( I,265,656) (2,906.502) (1.322.619\Begmning Fund Balance. January I 26.234.230 18.681.969 16.825.236 III 11.411.012 12.136.410 8.125.984Ending Fund Balance on December 31 $ 26,5SS,848 $ 26,234,230 $ 18,681.969 $ 15,928,632 $ 11.411.012 $ 12.136.410
( I) Increase due to tobacco settlement proceeds and funds fTom housing federal prisoners.(2) Beginning fund balance changed by $896.604 due to market value adjustments in conneCtion with Implementallon of GASB Statement 31
Accounting and Financial Reponing for Cenain Investments and for Extemallnvestment Pools.
:-.,
i•. I
TABLE 14 - SPECIAL REVENUE FUNDS STATEMENT OF REVENUES AND EXPENDITURES AND CHANGES IN FUND BALANCE
(ROAD AND BRIDGE AND OTHER)
Revenues:TaxesFees and FinesIntergovernmentalInterestMiscellaneous
Total Revenues
Unaudited12 Months
Endins 12131/00Fiscal Year Ended December 31
1998 1997 19961999
S 12.890.3274.761.375
7.915.023
1.075.3071.114.966
S 11.334.620
4.570.371
6.894.229
909.492
1.715.602
S 12.909.452
5.302.816
8.327.923
991.999
2.037.029
S 12,015,796
4.206,928
8,722,458
1.240.307
1.993.120S 29.569,219 S 27.756.998 S 25.424.314S 28.178,609
S 27.172,531 S 28.030.505 $ 26,179,497 S 24.625.227
S 1.006.078 S 1.538.714 $ 1.577.502 S 799.087Revenues Over (Under) Expenditures
Transfer In (Out)
Begmning Fund Balance. January I
Ending Fund Balance on December 31
S 109.310 SS 10.285.836 '" SS 11,933.860 S
(74.097) S8.758.431 "'..:S~~=~
10.261.836 ,;:$:..::;,;,;;;;;;ii,;~
25.636
7.929.601
8.754.324
SSS
(38.258)
11.939.926 '"12.907.746
(I) Unaudited beginning fund balance as restated.(2) Beginning fund balance restated.
FINANCIAL POLICIES
1995
S 13.376,962
4.070.175
6.401.760
881.954
1.481.925
S 14.424.734
3.936.198
6.898.639
649.154
895.684
S 26.804.409S 26.212.776
S 359,411 S 484.274
12.132 2J.·n83.217,155 3.200,277
12.353.612 14,097.994
2.682.689 3.083.163
215.060 180.391
272.882 1915198.002 49.243
4.596.567 4.528.57335.827 132.065
289.955
440.444 392.379
66.419 77.682
$ 24,550.155 $ 26.440.988
$ 1,662.621 S 363.421
S 437.180 S (62;'0881
S 5.829.800 S 6.087.467
S 7.929.601 S 5.829.800
Basis or Accounling . The accounting policies of the Count)' conform to generally accepted accounting principlt:s forgovernmental entities as promulgated by the Government Accounting Standards Board. The accounting and financial reportingtreatment applied to a fund is determined by its measurement focus. All governmental funds and expendable trust funds areaccounted for using a current financial resources measurement focus. With this measurement focus. only current assets andcurrent liabilities generally are included on the combined balance sheet. Operating statements of these funds present increast::s(revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets.
All proprietary funds are accounted for on a flow of economic resources measurement focus. With this measurement focus. allassets and all liabilities associated with the operation of these funds are included on the combined balance sheet. Fund equity issegregated into contributed capital and retained earnings components. Proprietary fund.type operating statements presentincreases (revenues) and decreases (expenses) in net total assets.
The accounts of the Governmental Fund Types (the General Fund. Special Revenue Funds. Debt Service Funds' and CapitalPr~iects Funds) and Agency Funds are maintained. and the financial statements have been prepared. on the modi lied accrualbasis of accounting. Under this basis of accounting. revenues are recognized when they become susceptible to accrual (i.r.::.. bothmeasurable and available). Available means collectible within the current year or soon enough thereafter to be ust::t! to payliabilities of the current year. Substantially all revenues. except propeny taxes. are considered to be susceptible to accrual.Property taxes. which are levied in the last quarter of the year and collected before year-end. are considered defcrred rcwnucsbecause such revenues are not legally available to pay liabilities in the current year. Expenditures arc generally recognized under
23
the modified accrual basis of accounting when the related fund liability is incurred. Principal and interest on the general long-term debt are recognized as expenditures when due.
General Fund ... The General Fund is used to account for all revenues and expenditures not accounted for in other funds.relating to general operations.
SPecial Revenue Fund. .The Special Revenue Fund is used to account for proceeds of specitic revenue sources (other thancapital projects) which are legally restricted to expenditures for specified purposes.
Debt Service Fund Balance ... Used to account for payment of principal and interest on general long-term debt.
Budgetary Procedures .. The County Budget Officer prepares the proposed budget using revenue estimates furnished by theCounty Auditor. A public hearing is held on the budget before finalizing it. The Commissioners Coun may increase or decreasethe amounts requested by the departments. In the final budget. which is usually adopted in the last quarter of the year.appropriations of the budgeted funds cannot exceed the available fund balances in such funds on January L plus the estimatedrevenues for the ensuing year. During the year. the Commissioners Coun may increase budgeted revenues and expenditures forunexpected revenues or beginning fund balances in excess of budget estimates. provided it rules that a state of emergency exists.The level of budgetary control is at the major operating group level. There are four major operating groups:
Salary and Personnel CostsOperating and Training Costs
Information Technology CostsCapital Acquisition- Costs.
The underlying budget is maintained at the line item level. but departments are able to transfer amounts within each m~ior ,groupwithout court approval. Transfers between m~ior groups require coun approval. Transfers among individual expenditure lineitems within major categories may be made during the year. but no such transfer may increase the overall total of the budgetwjthout the declaration of an emergency. It is the amended budget that is presented in the financial statements on the budgetarybasis. Except for transfers among budgeted line items and the amendment to the indigent health care budget. there were no othersignificant increases in the adopted budget.
INVESTMENTS
The County invests its investable funds in investments authorized by Texas law in accordance with investment policies approvedby the Commissioners Court of the County. Both state law and the County's investment policies are subject to change.
LEGAL INVESTMENTS
Under Texas law. the County is authorized to invest in (I) obligations of the United States or its agencies and instrumentalities.(2) direct obligations of the State of Texas or its agencies and instrumentalities. (3) collateralized mortgage obligations directlyissued by a federal agency or instrumentality of the United States. the underlying security for which is guaranteed by an agencyor instrumentality of the United States. (4) other obligations. the principal of and interest on which are unconditionallyguaranteed or insured by. or backed by the full faith and credit of. the Stale of Texas or the United States or their respectiveagencies and instrumentalities. (5) obligations of states. agencies. counties. cities. and other political subdivisions of any staterated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent. (6) certificatesof deposit that are guaranteed or insured by the Federal Deposit Insurance Corporation or are secured as to principal byobligations described in the preceding clauses or in any other manner and amount provided by law for County deposits~ (7)certificates of deposit and share certificates issued by a state or federal credit union domiciled in the State of Texas that areguaranteed or insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. or aresecured as to principal by obligations described in the clauses (I) through (5) or in any other manner and amount provided b)law for Count)' deposits. (8) fully collateralized repurchase agreements that have a defined termination date. are fully secured byobligations described in clause (I). and are placed through a primary government securities dealer or a financial institution doingbusiness in the State of Texas. (9) bankers' acceptances with the remaining term of270 days or less. if the short-term obligationsof the accepting bank or its parent are rated at least A-lor P-I or the equivalent by at least one nationally recognized credit ratingagency. (10) commercial paper with maturities that are 270 days or less that is rated at least A-lor P·I or the equivalent by either(a) two nationally recognized credit rating agencies or (b) one nationally recognized credit rating agency if the paper is fullysecured by an irrevocable letter of credit issued by a U.S. or state bank. (II) no-load money market mutual funds regulated by theSecurities and Exchange Commission that have a dollar weighted average portfolio maturity of 90 days or less and include intheir investment objectives the maintenance of a stable net asset value of S I for each share. (12) no-load mutual funds registeredwith the Securities and Exchange Commission that: have an average weighted maturity of less than two years; invests exclusivelyin obligations described in the preceding clauses; and are continuously rated as to investment quality by at least one nationallyrecognized investment rating firm of not less than AAA or its equivalent. (13) bonds issued. assumed. or guaranteed by the Stateof Israel, and (14) guaranteed investment contracts secured by obligations of the United States of America or its agencies andinstrumentalities. other than the prohibited obligations described in the next succeeding paragraph.
The County may invest in such obligations directly or through government investment pools that invest solely in such obligationsprovided that the pools are rated no lower than AAA or AAA-m or an equivalent by at least one nationally recognized ratingservice. The County is specifically prohibited from investing in: (I) obligations whose payment represents the coupon payments
24
..
•••••••••••••<A<,',.'. " ..,
on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal: (2) obligationswhose payment represents the principal stream of cash flow from the underlying mortgage-backed security and bears no interest;(3) collateralized mortgage obligations that have a stated final maturity of greater than 10 years: and (4) collateralized mortgageobligations the interest ratc of which is determined by an index that adjusts opposite to the changes in a market index.
INVESTMENT POLICIES
Under Texas law. the County is required to invest its funds under written investment policies that primarily emphasize safety ofprincipal and liquidity; that address investment diversification. yield. maturity. and the quality and capability of investmentmanagement: and that includes a list of authorized investments for County funds. maximum allowable stated maturity of anyindividual investment and the maximum average dollar·weighted maturity allowed for pooled fund groups. All County fundsmust be invested consistent with a formally adopted "Investment Strategy Statement" that specifically addresses each ti.mds·investment. Each Investment Strategy Statement will describe its objectives concerning: (1) suitability of investment type. (2)preservation and safety of principal. (3) liquidity. (4) marketability of each investment. (5) diversification of the portfolio. and (6)yield.
Under Texas law. County investments must be made "with judgment and care. under prevailing circumstances. that a person ofprudence. discretion. and intelligence would exercise in the management of the person's own atfairs. not for speculation. but forinvestment. considering the probable safety of capital and the probable income to be derived." At leasl quarterly the investmentofficers of the County shall submit an investment report detailing; (I) the investment position of the County. (2) that allinvestment officers jointly prepared and signed the report. (3) the beginning market value. any additions and changes to marketvalue and the ending vallie of each pooled fund group. (4) the book value and market value of each separately listed asset at thebeginning and end of the reponing period. (5) the maturity date of each separately invested asset. (6) the account or fund orpooled fund group for which each individual investment was acquired. and (7) the compliance of the investment portfOlio as itrelates to: (a) adopted investmt:nt strategy statements and (b) state law. No person may invest County funds without expresswritten authority from the Commissioners Court.
ADDITIONAL PROVISIONS
Under Texas law the County is additionally required to; (I) annually review its adopted policies and strategies: (2) require anyinvestment officers' with personal business relationships or relatives with firms seeking to sell securities to the entity to disclosethe relationship and file a statement with the Texas Ethics Commission and the Commissioners Court: (3) require the registeredprincipal of firms seeking to sell securities to the County to: (a) receive and review the County's investment policy. (b)acknowledge that reasonable controls and procedures have been implemented to preclude imprudent investment activities. and(c) deliver a written statement attesting to these requirements: (4) perform an annual audit of the management controls oninvestments and adherence to the County's investment policy: (5) provide specific investment training for the Treasurer. ChiefFinancial Officer and investment officers: (6) restrict reverse repurchase agreements to not more than 90 days and restrict theinvestment of reverse repurchase agreement funds to no greater than the term of the reverse repurchase agreement: (7) restrict the:investment in mutual funds in the aggregate to no more than 80% of the County" s monthly average fund balance. excluding bondproceeds and reserves and other funds held for debt service. and funher restrict the investment in non-money market mutualfunds of any portion of bond prm:eeds. reserves and funds held for debt service and to no more than 15% urthe entity's monthlyaverage fund balance. excluding bond proceeds and re:serves and other funds held for debt service: and (8) require localgovernment investment pools to conform to the new disclosure. rating. net asset value. yield calculation. and advisory hoardreqUIrements.
TABLE 15· CURRENT INVESTMENTS
As of December 31.2000. the County's investable funds were invested in the following categories:
PercentDescription of Total Carrying Value Ivlarket Value
CIvlO's 4.36% $ 3.133.026 $ 2.848.445
Government Securities 27.25% 19586.649 19.344.247
LOGIC'" 66.13% 47531.860 47531.860
Money Markets 0.01% 8.180 8.180
So. National Bank 2.25% 1.620.371 1.620.371
100.00% $ 7L880.086 S 7JJ53.104
(I) On January 16. 200 I. the Local Government Investment Cooperative ("LOOIC"). a Texas local government investment pool. announced that Itwas setting aside 0.009008919 (0.9008919%) of each participant's share of the pool in :.lspecial LOGIC account th:.ltwas unavailable to lheparticipants due to a possible default by Pacific Gas & Electric ("PG&E") on S20 million ofPG&E commercial paper maturing March 11. 100 I.On January 15.2001. the County had a participation 01'$69.259.013.21 in LOGIC the County estimates th.lI $623.948.R-t (O,9008919'%llta.<;been included in the set aside amount. The commercial paper maturing on March I:!. 200 I was not paul and as of March 15. :WO 1. rellWll\SIII
default. This amount represents 0.74% ofthe County's portfolio and. according to the County. presents no immediate liqUidity concerns
Ms. Kathy Hynson. Fort Bend County Treasurer. is a board member of LOGIC
25
TAX MATTERS
TAX EXEMPTION
In the opinion of Vinson & Elkins L.L.P., Bond Counsel. (i) interest on the Bonds is excludable from gross income for federalincome tax purposes under existing law: (ii) certain "original issue discount" on the Bonds is excludable from gross income forfederal income tax purposes under existing law as described more fully in "TAX ACCOUNTING TREATMENTOF ORIGINAL ISSUEDISCOUNTBONDS,"and (iii) the Bonds are not "pMvale activity bonds" under the Internal Revenue Code of 1986. as amended(the "Code"), and interest on the Bonds will not be subject to the alternative minimum tax on individuals and corporations.except as described below in the discussion regarding the adjusted current earnings adjustment for corporations .• The Code imposes a number of requirements that must be satisfied for interest on state or local obligations. such as the Bonds. tobe excludable from gross income for federal income tax purposes. These requirements include limitations on the use of proceedsand the source of repayment. limitations on the investment of proceeds prior to expenditure. a requirement that excess arbitrageearned on the investment of proceeds be paid periodically to the United States. and requirement that the issuer tile an informationreport with fhe Internal Revenue Service. The County has covenanted in the Order that it will comply with these requirements.
Bond Counsel's opinion will assume continuing compliance with the covenants of the Order pertaining to those sections of tileCode which atfect the exclusion from gross income of interest on the Bonds for federal income tax purposes and. in addition. willrely on representations by the County. the County's Financial Advisor and the Underwriters of the Bonds with respect to matterssolely within the knowledge of the County. the County's Financial Advisor and the Underwriters of thc Bonds. respectively.which Bond Counsel has not independently verified. If the County should fail to comply with the covenants in the Order or ifthe foregoing representations should be determined to be inaccurate or incomplete, interest on the Bonds could become taxablefrom the date of delivery of the Bonds. regardless of the date on which the event causing such taxability occurs.
The Code also imposes a 20% alternative minimum tax on the "alternative minimum taxable incomc" of a corpormion. if theamount of such alternative minimum tax is greater than the amount of the corporation's regular income tax. Generally, thealternative minimum taxable income of a corporation (other than any S corporation. regulated investment company. REIT.REMIC or FASITl, includes 75% of the amount by which its "adjusted current earnings" exceeds its other "alternative minimumtaxable income. ,. Because interest on tax-exempt obligations. such as the Bonds. is included in a corporation's "adjusted currentearnings:' ownership of the Bonds could subject a corporation to alternative minimum lax consequences.
Under the Code. taxpayers are required to report on their returns the amount of tax~exempt interest. such as interest on theBonds. received or accrued during the year.
Except as stated above. and as stated below in "TAX ACCOUNTINGTREATMENTOF ORIGINALISSUE DISCOUNTBONDS" and"PURCHASEOF BONDSBYFINANCIALINSTITUTIONS,"Bond Counsel will express no opinion as to any federal, state or local taxconsequences resulting from the ownership of, receipt of interest on. or disposition of. the Bonds.
Prospective purchasers of the Bonds should be aware that the ownership of tax-exempt obligations may result in collateral federalincome tax consequences to financial institutions. life insurance and property and casualty insurance companies. certain Scorporations with Subchapter C earnings and profits. individual recipients of Social Security or Railroad Retirement benefits.taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry tax-exempt obligations. taxpayersowning an interest in a FASIT that holds tax-exempt obligations. and individuals otherwise qualifying for the earned incomecredit. In addition. certain foreign corporations doing business in the U.S. may be subject to the "branch profits tax" on theireffectively-connected earnings and profits including tax-exempt interest such as interest on the Bonds. These categories ofprospective purchasers should consult their own tax advisors as to the applicability of these consequences.
Bond Counsel's opinions are based on existing law. which is subject to change. Such opinions arc further based on BondCounsel's knowledge of tacts as of the date hereof Bond Counsel assumes no dut)" to update or supplement its opinions toreflect any facts or circumstances that may thereafter come to Bond Counsel's attention or to reflect any changes in any law thatmay hereafter occur or become effective. Moreover. Bond Counsel's opinions are not a guarantee of result and are not binding onthe Internal Revenue Service (the "Service"); rather. such opinions represent Bond Counsel's legal judgment bas~d upon ilSrevie~v of existing law and in reliance upon the representations and covenants reterenced above that it deems relevalll to suchopinions. The Service has an ongoing audit program to detennine compliance with rules that relate to whether interest on slate orlocal obligations is includable in gross income for federal income tax purposes. No assurance can be given whether or nol theService will commence an audit of the Bonds. If an audit is commenced. in accordance with its current published proce,dures theService is likely to treat the Issuer as the taxpay~r and the Owners may not have a right to participate in such audit.
TAX ACCOllNTING TREATMENT OF ORIGINAllSSllE DISCOllNT BoNDS
The initial public offering price for certain of the Bonds may be less than the principal amount thereof (the "Original Issw::Discount Bonds"). In the opinion of Bond Counsel. under existing law and based upon the assumptions hereinafter stilted:
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(a) The difference between (i) the amount payable at the maturity of each Original Issue Discount Bond. and (ii) the initialoffering price to the public of such Original Issue Discount Bond constitutes original issue discount with respect to such OriginalIssue Discount Bond in the hands of any owner who has purchased such Original Issue Discount Bond in the initial public
offering of the Bonds; and
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(b) Such initial owner is entitled to exclude from gross income (as defined in Section 61 of the Code) an amount of income withrespect to such Original Issue Discount Bond equal to that portion of the amount of such original issue discount allocable to theperiod that such Original Issue Discount Bond continues to be owned by such owner.
In the event of the redemption. sale or other taxable disposition of such Original Issue Discount Bond prior to stated maturity.however. the amount realized by such owner in excess of the basis of such Original Issue Discount Bond in the hands of suchowner (adjusted upward by the portion of the original issue discount allocable to the period for which :such Original IssueDiscount Bond was held by such initial owner) is includable in gross income. (Because original issue discount is treated asinterest for federal income tax purposes. the discussion regarding interest on the Bonds under the caption "Tax Exemption"generally applies. except as otherwise provided below. to original issue discount on an Original Issue Discount Bond held by anowner who purchased such Bond at the initial offering price in the initial public offering of the Bonds. and should be consideredin connection with the discussion in this portion of the Official Statement.)
The foregoing opinion is based on the assumptions that (a) the Underwriters have purchased the Bonds for contemporaneous sale[Q the general public and not for investment purposes. (b) all of the Original Issue Discount Bonds have been initially offered.and a substantial amount of each maturity thereof has been sold. to the general public in arm's-length transactions for a cash price(and with no other consideration being included) equal to the initial offering prices thereof as stated inside the cover page of thisOfficial Statement. and (c) the respective initial ofTering prices of the Original Issue Discount Bonds to the general public areequal [Q the fair market value thereof, Neither the County nor Bond Counsel warrants that the Original Issue Discount Bondswill be offered and sold in accordance with such assumptions. Certain of the representations of the Underwriters. upon whichBond Counsel will rely in rendering the foregoing opinion. will be based on records or facts the Underwriters had no reason to
believe were not correct.
Under existing law. the original issue discount on each Original Issue Discount Bond is accrued daily to the stated maturitythereof (in amounts calculated as described below for each six-month period ending on the date before the semi·annualanniversary dates of the date of the Bonds and ratably within each such six-month period) and the accrued amount is added to aninitial owner's basis for such Original Issue Discount Bond for purposes of detennining the amount of gain or loss recognized bysuch owner upon the redemption. sale or other disposition thereof. The amount to be added to basis for each accrual period isequal to (a) the sum of the issue price and the amount of original issue discount accrued in prior periods multiplied by the yieldto stated maturity (detennined on the basis of compounding at the close of each accrual period and properly adjusted for thelength of the accrual period) less (b) the amounts payable as current interest during such accrual period on such Bond.
The federal income tax consequences of the purchase. ownership. and redemption. sale or other disposition of Original IssueDiscount Bonds which are not purchased in the initial offering at the initial offering price may be determined according to ruleswhich differ from those described above. All owners of Original Issue Discount Bonds should consult their own tax advisorswith respect to the detennination for federal. state. and local income tax purposes of interest accrued upon redemption. sale orother disposition of such Original Issue Discount Bonds and with respect to the federal. state. local and foreign tax consequencesof the purchase. ownership. redemption. sale or other disposition of such Original Issue Discount Bonds. .
OTHER INFORMATION
RATINGS
The Bonds are "Aa2" by Moody's and "AA' by S&P. The County also has three issues outstanding which an: rated nAaa" byMoody's and "AAA" by S&P through insurance by various commercial insurance companies. An explanation of the significanceof such ratings may be obtained from the company furnishing the rating. The ratings reneet only the respective views of suchorganizations and the County makes no repre:sentation as to the appropriateness of the ratings. There is no assurance that suchratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely by either orboth of such rating companies. if in the judgment of c:ither or both companies. circumstances so warrant. Any such dowm ..rardrevision or withdrawal of such ratings. or either of them. may have an adverse effect on the market price of the Bo~ds.
LITIGATION
It is the opinion of the County Attorney that there is no pending litigation against the County that would have a material adversefinancial impact upon the County or its operations.
REGISTRATION AND QUALlFIC\TION OF BoNDS FOR SALE
The sale: of the Bonds has not been reg.istered under the Federal Securities Act of 1933, as amended. in reliance upon theexemption provided thereunder by Section 3(a)(2); and the Bonds have not been qualified under the Securities Act or Texas III
reliance upon various exemptions contained therein: nor have the Bonds been qualified under the securities acts of an~
jurisdiction. The County assumes no responsibility for qualification of the Bonds under the securities laws of any jurisdiction inwhich the Bonds may be sold. assigned. pledged. hypothecated or otherwise transferred. This disclaimer of responsibility forqualification for sale or other disposition of the Bonds shall not be construed as an interpretation of any kind with regard to theavailability of any exemption from securities registration provisions.
LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS
Section 1201.041 of the Public Security Procedures Act (Chapter 1201, Texas Government Code) provides that the Bonds arenegotiable instruments governed by Chapter 8, Texas Business and Commerce Code. and are legal and authorized investmentsfor insurance companies. fiduciaries. and trustees. and for the sinking funds of municipalities or other political subdivisions orpublic agencies of the State of Texas. With respect to investment in the Bonds by municipalities or other political subdivisionsor public agencies of the State of Texas, the Public Funds Investment ACL Chapter 2256. Texas Government Code, requires thatthe Bonds be assigned a rating of "A" or its equivalent as to investment quality by a national rating agency. See "OTHERINFORMATION - Ratings" herein. In addition. various provisions of the Texas Finance Code provide that. subject to a prudentinvestor standard. the Bonds are legal investments for state banks. savings banks. trust companies with at capital of one milliondollars or more. and savings and loan associations. The Bonds are eligible to secure deposits of any public funds of the State. itsagencies. and its political subdivisions. and are legal security for those deposits to the extent of their market value. No review hythe County has been made of the laws in other states to determine whether the Bonds arc legal invesunents tor variousinstitutions in those states.
LEGAL MA TIERS
The County will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Bonds.including the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Bonds and to the effectthat the Bonds are valid and legally binding obligations of the County. and based upon examination of such transcript ofproceedings. the approving legal opinion of Bond Counsel. to like effect and to the effect that the interest on the Bonds will beexcludable from gross income for federal income tax purposes under existing law and the Bonds are not private activity bonds.subject to the matters described under "TAX MA1TERS" herein. including alternative minimum tax consequences torcorporations. The customary closing papers. including a certificate to the effect that no litigation of any nature has been tiled oris then pending to restrain the issuance and delivery of the Bonds. or which would affect the provision made for their payment orsecurity. or in any manner questioning the validity of said Bonds will also be furnished. Bond Counsel was not requested toparticipate. and did not take part. in the preparation of the Official Statement. and such firm has not assumed any responsibilitywith respect thereto or undertaken independently to veritY any of the information contained therein. except that. in its capacity asBond Counsel. such firm has reviewed the infonnation describing the Bonds in the Official Statement to veritY that suchdescription conforms to the provisions of the Order. The legal fee to be paid Bond Counsel for services rendered in connectionwith the issuance of the Bonds is contingent on the sale and delivery of the Bonds. The legal opinion will accompany the Bondsdeposited with DTC or will be printed on the Bonds in the event of the discontinuance of the Book-Entry-Only System.
AUTHENTICITI' OF FINANCIAL DATA AND OTHER INFORMATION
The financial data and other infonnation contained herein have been obtained from County records. audited financial statementsand other sources which are believed to be reliable. There is no guarantee that any of the assumptions or c:stimates containedherein will be realized. All of the summaries of the statutes. documents and resolutions contained in this Official Statement aremade subject to all of the provisions of such statutes. documents and resolutions. These summaries do not purpon to be completestatements of such provisions and reference is made to such documents for funher information. Reference is made to originaldocuments in all respects.
CONTINUING DISCLOSl!RE OF INFORMATION r
In the Order. the County has made the following agreement for the benefit of the holders and beneficial owners of the Bonds. TheCounty is required to observe the agreement for so long as it remains obligated to advance funds to pay the Bonds. Under theagreement. the County will be obligated to provide certain updated financial information and operating data annually. and timel~notice of specified material events. to certain information vendors. This infonnation will be available to securities brokers andothers who subscribe to receive the information from the vendors.
ANNllAL REPORTS
The County will provide cenain updated financial infonnation and operating data to cenain information vendors annually. Theinformation to be updated includes all quantitative financial information and operating data with respect 10 the County of thegeneral type included in this Official Statement under Tables numbered I through 7 and 9 through 15 and in Appendix B, TheCounty will update and provide this intormation within six months after the end of each fiscal year. The County will provide theupdated information to each nationally recognized municipal securities information repository r-NRMSIR") and to any stateinformation depository ("SID") that is designated by the State of Texas and approved by the staff or the United States Securitiesand Exchange Commission (the "SEC).
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The County may provide updated information in full text or may incorporate by reference certain other publicly availabledocuments. as permitted by SEe Rule 15c2·12. The updated information will include audited financial statements. if the Countycommissions an audit and it is completed by the required time, If audited financial slatements arc not available by the requiredtime. the County will provide unaudited financial statements by the required time and audited financial statements when and ifsuch audited financial statements become available. Any such financial statements will be prepared in accordance with theaccounting principles described in Appendix B or such other accounting principles as the County may be required to employfrom time to time pursuant to state law or regulation.
The County's current fiscal year end is December 31. Accordingly. it must prnvide updated information by June 30 in each year.unless the County changes its fiscal year. If the County changes its fiscal year. it will notilY each NRMSIR and the SID of the
change.
The Municipal Advisory Council of Texas has been designated by the State of Texas and approved by the SEC statf as aqualitied SID. The address of the Municipal Advisory Council is 600 West 8th Street. P. O. Box 2177. Austin. Toxas 78768-2177. and its tel<phone number is 512/476-6947.
MATERIAL [VENT NOTICES
The County will also provide timely notices of certain events to certain information vendors. Tht::County \,"'ill providt:: notice ofany of the following events with respect to the Bonds, if such event is material to a decision to purchase or sell Bonds: (I)principal and interest payment delinquencies: (2) non·payment related defaults: (3) unscheduled draws on debt service reservesreflecting financial difficulties: (4) unscheduled draws on credit enhancements reflecting financial difficulties: (5) substitution-ofcredit or liquidity providers. or their failure to perform: (6) adverse tax opinions or events atfecting the tax-exempt status of theBonds: (7) modifications to rights of holders of the Bonds: (8) Bond calls: (9) defeasances: ( 10) reiease. substitution. or sale ofproperty securing repayment of the Bonds: and (11) rating changes. (Neither the Bonds nor the Order make any provision fordebt service reserves or liquidity enhancement.) In addition. the County will provide timely notice of any failure by the Countyto provide infonnation. data or financial statements in accordance with its agreement described above under "Annual Reports:'The County will provide each notice described in this paragraph to the SID and to either each NRMSIR or the MunicipalSecurities Ruiemaking Board ("MSRB").
A VAILABILITY OF INFORMATION FROM NRMSIRs AND SID
The County has agreed to provide the foregoing information only to NRMSIRs and the SID. The information will be available toholders of Bonds only if the holders comply with the procedures and pay the charges established by such information vendors orobtain the information through securities brokers who do so.
LIMITATIONS AND AMENDMENTS
The County has agreed to update information and to provide notices of material events only as described above. The County hao;;nol agreed to provide other information that may be relevant or material to a complete presentation of its financial results ofoperations, condition. or prospects or agreed to update any information that is provided, except as described above. The Countymakes no representation or warranty concerning such information or concerning its usefulness to a decision to invest in or sellBonds at any future date. The County disclaims any contractual or ton liability for damages resulting in whole or in pan· fromany breach of its continuing disclosure agreement or from any statement made pursuant to its agreement. although holders ofBonds may seek. a writ of mandamus to compel the County to comply with its agreement.
The County may amend its continuing disclosure agreement from time to time to adapt to changed circumstances that arise froma change in legal requirements. a change in law. or a change in the identity, nature. status. or type of operations afthe County. if0) the agreement. as amended, would have permitted an underwriter to purchase or sell Bonds in the initial primary otli:ring incompliance with the Rule. taking into account any amendments or interpretations of the Rule to the date of such amendment. aswell as such changed circumstances, and Oi) either (a) the holders of a majority in aggregate principal amount of the outstandingBonds consent to the amendment or (b) any person unaffiliated with the County (such as nationally recognized bond counsel)determines that the amendment will not materially impair the interests of the holders and beneticial owners of the Bonds. TheCounty may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the:applicable provisions of the SEC Rule 15c2-12 or a court of tinaljurisdiction enters judgment that such provisions or the SECRule 15c2-12 arc invalid. but only if and to the extent that the provisions of this sentence would not prevent an underWriter fromlawfully purchasing or selling Bonds in the primary offering of the Bonds. If the County so amends the agreement. it has agreedto include with the next financial information and operating data provided in accordance ..vith its agrct.:mr.:nt dr.:scribed aboveunder "Annual Reports" an explanation. in narrative form. of the reasons for the amendment and of the impact of any change illthe type of financial information and operating data so provided.
COMPLIANCE WITH PRIOR UNDERTAKINGS
The County has complied in all material respects with all continuing disclosure agreements made by it in accordance with SEe
Rule 15c2-12.
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FINANCIAl. ADVISOR
First Southwest Company is employed as Financial Advisor to the County in connection with the issuance of the Bonds. TheFinancial Adviso~s fee for services rendered with respect to the sale of the Bonds is contingent upon the issuance and delivery ofthe Bonds. First Southwest Company. in its capacity as Financial Advisor. has not verified and does not assume anyresponsibility for the information, covenants and representations contained in any of the legal documents with respect to thefederal income tax status of the Bonds. or the possible impact of any present. pending or future actions taken by any legislative orjudicial bodies.
"The financial advisor to the County has provided the following sentence for inclusion in this official statement. The financialadvisor has reviewed the infonnation in this official statement in accordance with. and as part of. its responsibilities to theCounty and. as applicable, to investors under the federal securities laws as applied to the facts and circumstances of thistransaction, but the financial advisor does not guarantee the accuracy or completeness of such information."
UNDERWRITING
The Underwriters have agreed. subject to cenain conditions. to purchase the Bonds from the County. at an underwriting discount at'SThe Underwriters will be obligated to purchase all of the Bonds if any Bonds are purchased. The Bonds to be
offered to the public may be offered and sold to certain dealers (including the Underwriters and other dealers depositing Bonds intoinvestment trusts) al prices lower than the public offering prices of such Bonds. and such public otTering prices may be changed. fromtime to time. by the Underwriters.
CERTIFICATION OF THE OFFICIAl. STATEMENT
At the time of payment for and delivery of the Bonds. the County will furnish a certificate. executed by proper officers. acting intheir official capacity. to the effect that to the best of their knowledge and belief: (a) the descriptions and statements of orpertaining to the County contained in its Official Statement. and any addenda. supplement or amendment thereto. on the date ofsuch Official Statement. on the date of sale of said Bonds and the acceptance of the best bid therefor. and on the date of thedelivery. were and are true and correct in all material respects; (b) insofar as the County and its affairs. including its tinancialaffairs. are concerned. such Official Statement did not and does not contain an untrue statement of a material fact or omit to statea material fact required to be stated therein or necessary to make the statements therein. in the light of the circumstances underwhich they were made. not misleading; (c) insofar as the descriptions and statements. including financial data. of or pertaining toentities. other than the County. and their activities contained in such Official Statement are concerned. such statements and datahave been obtained from sources which the County believes to be reliable and the County has no reason to believe that they areuntrue in any material respect; and (d) there has been no material adverse change in the financial condition of the County sincethe date of the last audited financial statements of the Coumy.
The Order authorizing the issuance of the Bonds will also approve the form and content of this Otlicial Statement. and anyaddenda. supplement or amendment thereto. and authorize its further use in the reoffering of the Bonds by the Underwriters.
County.JudgeFon Bend County. Texas
ATTEST:
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County Clerk
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APPENDIX A
GENERAL INFORMATION REGARDING THE COUNTY
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THE COUNTY
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The following information has been derived from various sources. including the Texas Almanac. Texas Municipal Reports. U.S.Census Bureau. Greater Fort Bend Economic Development Council, Fort Bend Chamber of Commerce. National DecisionSystems. Texas Employment Commission. Sales and Marketing Management, Urban Decision Systems. Woods & PooleEconomics. and County officials. While such sources are believed to be reliable. no representation is made as to the accuracythereof.
GENERAL
Fort Bend County. a component of the Houston Statistical Area. has an economy based on mineral production. construction.manufacturing and agriculture. The 1990 County population was 225.421 a 72% increase over the 1980 population of 130.846.According to the Fort Bend County Economic Development Council. the County has been one of the nation's tcn tastest growingcounties for over tifteen years. The County was created from Austin County in 1837 and organized in 1838 and encompasses876 square miles. The County is located in the coastal plains of southeast Texas. bordering Harris County to the nonheast. TheCounty is bisected from east to west by U.S. Highway 59 and nonh to south by State Highway 36.
Cities within the County are Richmond. Rosenberg. Sugar Land. Needville. Beasley. K~ndleton. Orchard. Fulshear. Pleak.Arcola. Simonton. Thompsons and portions of Katy. Missouri City. Stafford and a v~ry small portion of Houston.
Schools within the County are Fon Bend ISO. Kendleton ISO. Lamar Consolidated ISO. Needville ISO. Katy ISO. StaffordMunicipal ISO and Wallis-Orchard ISO. The school district with the largest assessed value is Fort Bend ISO. cumprisingapproximately 174 square miles located in the northeas~em section of the County and adjacent to portions of Harris County andBrazoria County. The boundaries of Fort Bend ISO include the Cities of Sugar Land and Missouri City. The school districtencompassing the largest area in the County is Lamar Consolidated ISO. comprising approximately 328.68 square mil~s locatedin the central and west portion of the County. The boundaries of Lamar Consolidated ISD include the cities of Richmond andRosenberg.
Two Junior College systems have satellite campuses in Fort Bend County: Wharton County Junior College has campuses locat~din Richmond and Sugar Land. and Houston Community College has a campus located in Stafford. The West Houston Institute ofthe University of Houston occupies a facility in the Cinco Ranch project in the North Central portion of the County.
Agriculture is a major business in the County. accounting for more than $90 million of average annual income. The leadingcommodities produced in the County include nursery products. rice. cotton. beef. vegetables. sorghum and com. Oil and gas wasdiscovered in Fort Bend County in 1919. and there are approximately 370 producing reservoirs in the County.
ECONOMIC CONDITION AND OUTLOOK
According to the U.S. Census Bureau. the County is the third tastest growing county in the nation of thos~ counties \!lith apopulation exceeding 250.000. The present population is 316.500 and is proj~cted to reach 610.000 by tht: year 2020. Thiscontinued prosperity can be attributed to the low cost business environment conducive to economic growth and an atmospherethat encourages family interaction and involvement.
Currently. Fort Bend County ranks 61h in economic strength and employment growth in the U.S. by Woods & Poole EconomicsStrength Index. The County's average unemployment rate for the last five years is 3.2%. In 1997. Fort Bend County saw therelocation or expansion of 7 companies which created approximately 1.170 new jobs in the area. resulting in more than $58million in new payrolls and an estimated annual tax revenue of over $2.3 million to local taxing entities. Texas Instruments.Kent Electronics. Input/Output lnc .. Cooper Cameron. ChemLab Circuit. California Microwave-Microwave Network Systems.Anderson Greenwood. Grove Valve. Ziedell Valve. Fairfield Industries. American Assemblers. Kerr Measurement andPrimesorb Inc. are just a few of the manufacturers that now call Fort Bend County hom~. Nalional and regional corporateheadquarters for Unocal. Schlumberger. Fluor Daniel. Imperial Holly. and National Embossing Company arc also located in theCounty.
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EmployerFort Bend ISOFluor DanielSchlumberger CompaniesLamar CISDTexas InstrumentsK*Tec ElectronicsPrudential InsuranceTexas Department of Criminal JusticeRichmond State SchoolUnocal/Spirit Energy 76Fort Bend CountyUnited Parcel ServiceReliant Energy HL&PBaker Petrolite. Inc.Imperial HollyInput/Output CorporationPolly Ryan Memorial HospitalPersonixNalco/Exxon Energy ChemicalsFrito·Lay, Inc.MCI CommunicationsFort Bend Medical CenterAnderson GreenwoodSouthwestern Bell TelephoneHines NurseriesTadiran Microwave NetworksV ision MetalsHudson Products
MAJOR EMPLOYERS
Line of BusinessPublic EducationEngineering. Construction, Maintenance & Technical ServicesEnergy Exploration Technology/ResearchPublic EducationElectronics & Semiconductor ManufacturerElectronicsGroup Employee BenefitsState PrisonSpecial EducationOil/Gas Exploration and ProductionCounty GovernmentPackage DistributionElectric UtilityChemical ManufacturerCane Sugar Refining and ProductionManufacturer of Seismic Data EquipmentHospitalPlastic Card EmbossingChemical ProductionSnack Food ManufacturerCommunicationsHospitalValve ManufacturerTelephone UtilityAgriculture NurseryManufacturer/Supplier of Microwave Radio EquipmentSteel Pipe & Tubing ManufacturerIndustrial Equipment Manufacturer
Source: Greater Fort Bend County Economic Development Council.
POPllLA TION( I)
196040.527
(I) Source: U.S. Census Bureau.
Under SIO.OOOS 1O.000-S I9.999S20.000-S29.999S30.000-S34.999S35.000-S49.999S50.000-S74.999S75.000-S99.999SI00.000-SI49.999
1970 1980 1990225.42152.314 130.846
HOLISEHOLD INCOME COMPARISON
Fort BendCountv
UnitedStatesTexas11.1%14.9%13.6%6.4%
16.3%19.0%8.9%5,9%
6.5°.108.1%9.2%4.8%
15.8%24.9%14.70/09.7%
13.0%15.9%14.2%6.7%
15.8'%17.4%8.1!!-o5.4%
Source: Greater Fort Bend County Economic Development Council and Clanlas. 1998.
Source: Sales and Marketing Management. 1995-1999 Survey of Buying Power.
TRANSPORTATION
HIGHWAY INFRASTRucrURE ... County can be easily accessed by road systems from every direction. The Southwest Freeway(US 59), Katy Freeway (1-10) and US 90A bisect the County trom east to west. Slale Highway 6, the Sam Houston Tollway(Beltway 8), State Highway 36, FM 723. and the Grand Parkway all provide excellent north-south access from US 59 to 1-10.The Texas Department of Transportation provides responsive programs to meet all requirements of a growing County,
By LAND... Trucking is now deregulated with more than 600 truck lines operating within the Houston region. Rates arenegotiable. No additional transportation costs are required for companies delivering finished products to or from Fort BendCounty.
By SEA ... Fort Bend's proximity to one of the world's busiest ports adds an international dimension to its market access. ThePort of Houston ships cargo to 200 ports around the world. County companies have easy access to the Port via U.S. Highway 59,the most utilized highway serving Mexico from the Port of Houston.
By RAil ... The Burlington North & Santa Fe and Union Pacific provide the necessary rail service for the greater Houstonmetropolitan area. These railroads give manufacturers complete access to raw materials and low cost transportation for theirfinished goods to all national markets.
By COMMERCIALAIR ... George Bush Intercontinental/Houston and William P. Hobby Airports provide extensive. cost·effective air transportation to 150 destinations worldwide. Travelers can reach anywhere in the United States or Mexico in fivehours or less by air. These modem. highly advanced airports can meet the needs of the smallest to the largest companies in themarketplace .
By CORPOR,\TEAIR ... Sugar Land Municipal Airport is a general aviation facility with the capability to service all types ofaircraft. The airport is an all·weather facility with a new tower allowing for improved commercial and corporate air service.Houston Southwest Airport is a convenient alternative in southeast Fort Bend County with easy access to the Texas MedicalCenter. Astrodome and the emerging Highway 288 commercial corridor.
By OVERNIGHTEXPRESS... UPS. Federal Express. and DHL are among the many carriers that serve Fort Bend County'sdomestic and international delivery needs. UPS. the largest package distribution company in the world, has a distribution hublocated in Stafford.
WATERTRANSPORTATION... The Port of Houston adds an intemational dimension to the exceptional market access enjoyed byFort Bend companies. Whether a company needs to import raw materials or export tinished products. the Port has the facilitiesand equipment to accommodate shipper's needs in a cost-effective manner. .
UTll.ITIES
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ELECTRICITY ... Reliant Energy HL&P is engaged in the generation, transmission, distribution and sale of electric energy.serving an estimated area of 5,000 square miles. With over 13 million kilowatts in net generating capability, Reliant EnergyHL&P is fully equipped to handle the electric needs of any industrial or commercial consumer, now and in the foreseeable future.
NATURALGAS ... Natural gas is abundant with Reliant Energy Entex offering a reliable long-term supply to companies in theregion.
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APPENDIX B
•.~EXCERPTS FROM THE
FORT BEND COUNTY. TEXAS
UNAUDITED ANNUAL FINANCIAL REPORT
For the Year Ended December 31. 1999
The information contained in £his Appendix consists of excerpts from the Fort Bend County.Texas Unaudited Annual Financial Report for the Year Ended December 31.1999. and isnot intended to be a complete statement of the County's financial condition. Reference ismade to the complete Report for further infonnation.
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I 1 Greenway Plaza, Suite 15 15Houston, TX n046
(713) 621·1515Fax: (713) 621·1570
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I'IlClFESSIONAl aJIU'OlATlON
One Sugar Creek Blvd,. Suite 920Sugar Land, TX 77478
(281) 242·8600Fax: (281) 242·7333
Independent Auditors' Report
To the Honorable County Judgeand Members of the Commissioners Court ofFort Bend County, Texas
We have audited the accompanying general purpose financial statements of Fort Bend County,Texas, as of December 31, 1999, and for the year then ended, as listed in the table of contents.These general purpose financial statements are the responsibility of the County's management.Our responsibility is to express an opinion on these general purpose financial statements basedon our audit.
We conducted our audit in accordance with generally accepted auditing standards. Thosestandards require that we plan and perform the audit to obtain reasonable assurance aboutwhether the general purpose financial statements are free of material misstatement. An auditincludes examining, on a test basis, evidence supporting the amounts and disclosures in thegeneral purpose financial statements. An audit also includes assessing the accounting principlesused and significant estimates made by management, as well as evaluating the overall generalpurpose financial statement presentation. We believe that our audit provides a reasonable basisfor our opinion.
In our opinion, the general purpose financial statements referred to above present fairly, in allmaterial respects, the financial position of Fort Bend County, Texas as of December 31, 1999,and the results of its operations and the cash flows of its proprietary fund types for the year thenended in conformity with generally accepted accounting principles.
Our audit was made for the purpose of forming an opinion on the general purpose financialstatements taken as a whole. The combining and individual fund and account group financialstatements and schedules listed in the table of contents are presented for purposes of additionalanalysis and are not a required part of the general purpose financial statements of the County.Such information has been subjected to the auditing procedures applied in the audit of thegeneral purpose financial statements and, in our opinion, is fairly presented in all materialrespects in relation to the general purpose financial statements taken as a whole.
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The required pension system supplementary information listed in the table of contents is not a part of thebasic financial statements but is supplementary information required by the Governmental AccountingStandards Board. We have applied certain limited procedures, which consisted principally of inquiriesof management regarding the methods of measurement and presentation of the supplementaryinformation. However, we did not audit the information and do not express an opinion on it.
Houston, TexasApril 21, 2000
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GENERAL PURPOSE FINANCIAL STATEMENTS
FORT BEND COUNTY, TEXASCOMBINED BALANCE SHEET - ALL FUND TYPES, ACCOUNT GROUPS
AND DISCRETELY PRESENTED COMPONENT UNITSAS OF DECEMBER J/,I99'with compllrrui~ lotlIls lISDI December J/. 19"
ProprietaryGovernmentll Fund Types Fund Typespecial Debt Capital lnteraa... Genen • Reveaue Service Projects Service
Assets aad Other Debits
Cash and temporary investmentsCash and cash equivalents S 26,029,116 S 16,379,662 S 4,184,287 S 7,267,777 S 2,469,116Investments 20,392,106 584,473 369,768
S 37,149,475 S 129,007,107 S 65,609,733 S 379,515,958 S 281.616 S 379,797,574 S 368,497,232
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FORT BEND COUNTY, TEXASCOMBINED BALANCE SHEET - ALL FUND TYPES, ACCOUNT GROUPS
AND DISCRETELY PRESENTED COMPONENT UNITSAS OF DECEMBER 31, I'"willi ctJmp4rtUive 1.1iIb a ill D,u_lur J/. 199'
ProprietaryGovernmeDtal FUDd Types FUDd Type- Special bet" Capital IDternal
GeDenl Reveaue Service Projects Service
Liabilities, FUDd Equity, aDdOther Credits
LiabilitiesAccounts payable S 3,223,473 S 1,343,761 S 12,261 S 131,491 S 42,516Benefits payable 1,687,018= Retainage payable 105,297 56,055Accrued payroll 800,604 204,477Accrued compensated absences 1,067,201 293,677Due to other funds 143,002 140,942 153,919 1,610,053Due to primary governmentsDue to other governments/units 19.160Deferred revenues 68,343,875 13,215,907 6,374,043Bonds and certificates ofobli8ation payable
Loans payableObligations under capital leases
Total Liabilities 73,578,155 15,323,221 6,540,223 1,797,599 1,729,534
FUDd Equity and Otber CreditsInvesnnent in general fixed assetsRetained earnings 579,528Contributed capital 252,091Fund balances
ReservedEncumbrances 68,683Debt service 2,564,025
UnreservedDesignated for capital projects 7,148,494Undcsignaled 26,234,230 11,933,860
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TOlal FUDd EqUity aDd Otber Credits 831,619i
26,234,230 11,933,860 2,564,025 7,217,177
Total Liabilities, FUDd Equity,aDd Otber Credits S 99,812,385 S 27,257,081 S 9,104,248 S 9,014,776 S 2,561,153
See Notes to Financial Statements. \I~
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EXHIBIT I'ale 1. o( 1.
FiduciaryFund Type
Accouat GroupsTolal
(MemorandumOnly)
PrimaryGovernment
DiscretelyPres<lnted
ComponentUnits
Totals Reporting Enllty(Memorandum Only)
Agency
General GeneralFixed Long-TermAssets Debl 1999 1998
COMBINED STA TEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUNDBALANCES. ALL GOVERNMENTAL FUND TYPES AND DISCRETELY PRESENTEDCOMPONENT UNITSFOR THE YEAR ENDED DECEMBER JI, /9"with cOWlptlrativt totals fo, th~yt'Ir tlJud Dtct"'btr J1. 199'
Fees and fines 7,711,496 5,302,816Intergovernmental 7,621,034 8,327,923Earnings on investments 2,974,626 991,999 255,087
Miscellaneous 2,651,441 2,037,029 58,128
~Total Revenues 82,419,808 29,569,219 7,062,346
~~~ ExpendituresCurrent
General administration 16,192,930 539,903Financial administration 3,292,223 9,198Administration of justice 13,194,378 4,682,763Road and bridge maintenance 1,218,166 12,858,560Health and welfare 8,073,193 3,517,893Cooperative service 589,023 27,839Public safety 22,515,361 341,505Parks and recreation 1,037,636 196,604Flood control projects 4,919,940Libraries and education 6,077,481 333,127
Capital outlay 1,680,460 155,000Debt service
Principal retirement 85,224 405,175 4,350,000Interest and fiscal charges 2,391 42,998 3,768,457
Total Expenditures 73,958,466 28,030,505 8,118,457
Revenues Over (Under) Expenditures 8,461,342 1,538,714 (1,056,111 )
--.jOther Financing Sources (Uses)• Proceeds of refunding bonds 14,089,928
Payments to current refunding bond agent (14,086,090) ~J ..- .,
Proceeds from capital lease 784,895 155,000-<.-c-:-'· L_
Operating transfers in from primary governmentOperating transfers in 19,227 812,756 972,205Operating transfers (out) to component unitOperating transfers (out) (1,713,203) (858,446) (844,086)
Total Other Financing Sources (Uses) (909,081) 109,310 131,957
II Revenues and Other Financing Sources ~Over (Under) ExpendituresOther Financing (Uses) 7,552,261 1,648,024 (924,154)
Fund Balances, January 1 18,681,969 10,285,836 3,488,179 L
Fund Balances, December 31 $ 26,234,230 $ 11,933,860 $2,564,025 !~,I
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FORT BEND COUNTY, TEXASCOMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCES (GMP BASIS)· BUDGET AND ACTUALGENElUL, CERTAIN SPEClA.L REVENUE AND CERTAIN DEBT SERVICE FUNDSFOR THE YEAR ENDED DECEMBER 31, 1999
Geaeral FuadVariaaceFavorable... Budget Actual (Unfavorable)
ReveauesTaxes S 60,625,495 S 61,461,211 S 835,716Fees and fines 6,012,000 7,711,496 1,699,496Intergovernmental 1,969,616 7,621,034 5,651,418Earnings on investments 2,500,000 2,974,626 474,626Miscellaneous 1,397,607 2,651,441 1,253,834
= Total Reveaues 72,504,718 82,419,808 9,915,090
,.~~~~ ExpeadituresCurreat
General administration 19,005,208 16,192,930 2,812,278Financia[ administration 3,354,301 3,292,223 62,078Administration of justice 14,087,359 13,194,378 892,981Road and bridge maintenance 1,460,219 1,218,166 242,053Health and welfare 8,308,959 8,073,193 235,766Cooperative service 637,619 589,023 48,596Public safety 23,138,359 22,515,361 622,998Parks and recreation 1,154,917 1,037,636 [17,281Flood control projectsLibraries and education 6,435,575 6,077,481 358,094
Capital outlay 1,067,106 1,680,460 (613,354)Debt service
Principal retirement 85,224 (85,224)Interest and fiscal charges 2,391 (2,391 )
Total Expeaditures 78,649,622 73,958,466 4,691,156
Reveaues Over (Uader) Expeaditures (6,144,904) 8,461,342 14,606,246
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flit Other Fiaaaciag Sources (Uses).' "
"~'.. '-.. Proceeds of refunding bondsPayments to current refunding bond agentProceeds from capital lease 784,895 784,895Operating transfers in 19,227 19,227Operating transfers (out) ( 1,634,687) (1,713,203) (78,516)
Total Other Fiaaaciag Sources (Uses) (1,634,687) (909,081) 725,606
III Reveaues aad Other Fiaaaciag "Sources Over (Uader) Expeaditures ~
~,'~<:'f':..' , aad Other Fiaaaciag (Uses) (7,779,591) 7,552,261 15,331,852
Fuad Balaaces, Jaauary 1 18,681,969 18,681,969
Fuad Balaaces, December 31 S 10,902,378 S 26,234,230 S 15,331,852
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EXHIBITJ
Certaio Special Reveoue Fuods Certaio Debt Service FuodsVariaoceFavorable
S 5,344.901 S 8.223,\50 S 2.878.249 S 2.187,860 S 2.357.\50 S \69.290
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See Notes to Financial Statements.
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FORT BEND COUNTY, TEXASCOMBINED STATEMENT OF CASH FLOWS
.INTERNAL SER VICE FUNDS AND DISCRETELY PRESENTED COMPONENT UNITFOR THE YEAR ENDED DECEMBER JI. 1999wilh comparaliv~IOlalsfor Ih~yHr ~lId~dD~cemb~rJ1. 1998
Cash Flows From Operating ActivitiesCharges for services $ 8.911,596 $ 127,810 S 9,039,406 S 9,218,841
Payment of premiums (1,188,271) (1,188,271) (939,945)
Payment of benefits (7,728,579) (7,728,579) (6,969,752)
~ .~Payment of general administration expenses (710,059) (24,282) (734,341) (706,008)
'~~~~.~:",Payment of office supplies (13,256) (13,256) (18,541)
Net Cash Provided (Used) by OperatingActivities (728,569) 103,528 (625,041) 584.595
Cash Flows From Noncapital Financing ActivitiesOperating transfers in 650,000 650.000
Operating transfers out (300,000) (300,000)
Net Cash Provided (Used) by Noncapital FinancingActivities 350,000 350,000
Cash Flows From Investing ActivitiesInterest earned on investments 290,468 2,086 292,554 317,287
. Net Increase (Decrease) in Cash and CashEquivalents (88,101) 105,614 17,513 901.882
Cash and Cash Equivalents, January 1 2,557,217 43,590 2,600,807 1,698,925
Cash and Cash Equivalents, December 31 $ 2,469,116 S 149,204 S 2,618,320 S 2,600,807
C'">/~ T~Reconciliation of Operating Gain (Loss) to Nett,,'if1f~.,Cash Provided (Used) in Operating Activities
Operating gain (loss) $ (841,540) S 103,528 S (738,012) $ 723,640
Change in assets and liabilities(Increase) decrease in accounts receivable 105,538 105,538 42,669
Increase (decrease) in accounts payable 1,453 1,453 38,120
- Increase (decrease) in benefits payable 5,980 5,980 (219,834)
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I Net Cash Provided (Used) byOperating Activities S (728,569) S 103,528 $ (625,041) S 584,595
See Notes to Financial Statements.
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FORT BEND COUNTY, TEXASCOMBINED BALANCE SHEETDISCRETELY PRESENTED COMPONENT UNITSAS OF DECEMBER J/, 1999with co"'po,tIlive 101m tIS 01 Dece",be, JI, 1998
EXHIBIT 6
Fort BeadFBC Surface Fort Bend Toll Housing• Water Snpply Road Fiaaace Total Component UnitsCorporation Aatlaorlty Corporation 1999 1998
Unreserved and undesignated 6,066 125,748 131,814 245,775
Total Fund EqUity 6,066 125,748 149,204 281,018 289,365
Total Liabilities and Fund EqUity S 6,066 $ 126,346 S 149,204 S 281,616 S 570,108
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FORT BEND COUNTY, TEXASCOMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES
IN FUND BALANCEDISCRETELY PRESENTED COMPONENT UNITSFOR THE YEAR ENDED DECEMBER JI. 1999with comporati.~ totalsfor th~,.or ~nd~d D~Clmb~rJI. 1998
EXHIBIT 7
FBC Surface Fort Bend Toll.- Water Supply Road Total Component Units
Corporation Authority 1999 1998
RevenuesEarnings on investments S 227 S S 227 S 272
Total Revenues 227 227 272
Expenditures
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Road and bridge maintenance 114,030 114,030 565,222..
Health and welfare 158~!i~~~t1 158 122
Total Expenditures 158 114,030 114.188 565,344
Revenues Over (Under) Expenditures 69 (114.030) (113.961) (565,072)
Other Financing Sources (Uses)Operating transfers in from primary government 805.000
Total Other Financing Sources (Uses) 805.000
Revenues and Other Financing SourcesOver (Under) Expenditures andOther Financing Uses 69 (114,030) (113,961) 239.928
Fund Balances, January I 5,997 239,778 245,775 5,847
Fund Balances, December 31 s 6,066 s 125,748 s 131,814 S 245.775
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
A. Reporting Entity
Fort Bend County, Texas ("County") is a public corporation and a political subdivision of the State of Texas.The Commissioners Court, composed of four County Commissioners and the County Judge, all of whom areelected officials, govern the County.
The County is considered an independent entity for financial reporting purposes and is considered a primarygovernment. As required by generally accepted accounting principles, these general purpose financialstatements have been prepared based on considerations regarding the potential for inclusion of other entities,organizations, or functions as part of the County's financial reporting entity.
Considerations regarding the potential for inclusion of other entities, organizations, or functions in theCounty's financial reporting entity are based on criteria prescribed by generally accepted accounting principles.These same criteria are evaluated in considering whether the County is a part of any other governmental orother type of reporting entity. The overriding elements associated with prescribed criteria considered indetermining that the County's financial reporting entity stalUS is that of a primary government are that it has aseparately elected governing body; it is legally separate; and it is fiscally independent of other state and localgovernments. Additionally, prescribed criteria under generally accepted accounting principles includeconsiderations pertaining to organizations for which the primary government is financially accountable; andconsiderations pertaining to other organizations for which the nature and significance of their relationship withthe primary government are such that exclusion would cause the reporting entity's fmancial statements to bemisleading or incomplete.
Blended Component Units
Blended component units, although legally separate entities, are, in substance, part of the County's operationsand so data of these units are combined with data of the County. Each of the County's blended componentunits has a December 31 year-end. The following component units have been identified and are presented in ablended format in the County's financial statements:
Fort Bend County Drainage District ("District")Established under Section 59 of Article XVI of the Constitution of Texas, the District includes allof the property within Fort Bend County. The District was created for the purpose of reclamationand drainage of its lands. Commissioners Court acts as the governing body of the District.
Fort Bend Flood Control Water Supply Corporation ("FBFCWSC")The FBFCWSC is a non-profit corporation organized for the benefit of the County to provide forthe acquisition, construction and financing of flood control and drainage projects for the County.Upon completion these projects are deeded to the County for operations, maintenance andimprovements. Commissioners Court appoints the Board of Directors and approves all budgetsand expenditures.
Fort Bend Parkway Road District ("FBPRD")The FBPRO, a limited purpose political subdivision, was created as a vehicle to provide costparticipation for the development and construction of the Fort Bend Parkway in eastern Fort BendCounty. The governing body is Commissioners Court.
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE I • SUMMARY OF SIGNIFICANT ACCOUNTING POI.ICIES (continued)
A. Reporting Eptity (continued)
Discretely Presepted Component Units
Discretely presented component units are presented in a separate column in the County's financialstatements to emphasize that they are legally separate from the County. Each of the County's discretelypresented component units has a December 31 year-end. The following component units have beenidentified and are presented in a discrete format in the County's financial statements:
Fort Bend Toll Road AuthorityThe Fort Bend Toll Road Authority is organized under the Texas Transportation Corporation Act and theTexas Non-Profit Corporation Act. The Authority was created to assist in the planning, designing,financing and building of county roads and highways. In particular, the Authority is to assist in theevaluation of the proposed Fort Bend Toll Road that would extend from Sam Houston Parkway in HarrisCounty to State Highway 6 in Fort Bend County. Commissioners Court appoints the Authority's governingbody. The County has financial accountability because it appoints a voting majority of the Board and theCounty can impose will.
Fort Bend Surface Water Supply CorporationThe Fort Bend County Surface Water Supply Corporation was established for the purpose of conducting afeasibility study of a surface water facility in the area. Currently, revenue sources are primarily fromspecial districts, private corporations, and other entities interested in the study. Commissioners Courtappoints the Corporation's governing body. The County has fmancial accountability because it appoints avoting majority of the Board and the County can impose will.
Fort Bend Housing Finance CorporationThe Fort Bend Housing Finance Corporation was established under the Texas Housing FinanceCorporation Act. The Corporation provides down payment assistance programs for individuals meetingcertain income guidelines and serves as a conduit for activity related to bond issues for affordable housingin Fort Bend County. The tax-exempt bonds issued by the Corporation do not constitute a debt or a pledgeof faith by the Corporation, but are payable by the user pursuant to terms defIDed in the loan agreementsunderlying each issue. Commissioners Court appoints the Corporation's governing body. The County hasfinancial accountability because it appoints a voting majority of the Board and the County can impose will.
Complete financial statements for this discretely presented component unit are prepared and can beobtained at the East Fort Bend County Annex Building located at 3030 Texas Parkway, Suite 213, MissouriCity, Texas.
B. Fund Accounting
The accounts of the County are organized on the basis of funds and account groups, each of which isconsidered a separate accounting entity. The operations of each fund are accounted for with a separate set ofself-balancing accounts, which comprise its assets, liabilities, fund balance or retained earnings, revenues, andexpenditures or expenses, as appropriate. Government resources are allocated to and accounted for inindividual funds based upon the purposes for which they are to be spent and the means by which spendingactivities are controlled. The various funds and account groups are grouped, in the financial statements of thisreport, into six general fund types under these broad categories and into two account groups shown as follows:
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
c:; NOTE 1 _ SITMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
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Governmental Fund TY1Ics
General FundThe General Fund is used to account for all financial transactions not properly includable in otherfunds. The principal source of revenue is local property taxes. Expenditures include all costsassociated with the daily operations of the County.
Special Revenue FundsSpecial Revenue Funds are used to account for proceeds of specific revenue sources (other thancapital projects) which are legally restricted to expenditures for specified purposes.
Debt Service FundsDebt Service Funds are used to account for payment of principal and interest on general long-term debt of the County. The primary source of revenue for debt service is local property taxes. .
Capital Projects FundsThe Capital Projects Funds are used to account for the expenditures of resources accumulated forthe construction and acquisition of major capital facilities.
Proprietary Fund Type
Internal Service FundsInternal Service Funds are used to account for the County's modified self-insurance plans whichprovide health-care benefits to employees and their dependents and workers' compensationbenefits to employees. It also accounts for the operations of the central store that provides officesupplies to various departments on a cost-reimbursement basis.
Fiduciary Fund Type
Agency FundsAgency Funds are used to account for assets, which are held by the County as an agent, pendingdistribution to, authorized recipients. As the agent for certain legal entities, the County (throughits various fee officers) collects certain revenues and assessments from taxpayers and other unitsand remits the amounts to respective legal entities.
Account Groups
General Fixed Assets Account GroupThe General Fixed Assets Account Group is used to account for tangible assets having a usefullife longer than a year and having a monetary value large enough to warrant maintaining therelated custodial records.
General Long-Term Debt Account GroupThe General Long-Term Debt Account Group is used to record and account for the outstandinggeneral-obligation and revenue bonds payable, certificates of obligation payable, loans and leasespayable, and other long-term liabilities.
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE !-SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES (continued)
Co Basis o!AccouPtipe
The accounting and financial reporting treannent applied to a fund is detennined by its measurement focus.All governmental fund-types are accounted for using a current financial resources measurement focus. Withthis measurement focus, only current assets and current liabilities generally are included in the balance sheetOperating statements of these funds present increases (e.g., revenues and other financing sources) anddecreases (e.g., expenditures and other financing uses) in net current assets.
All proprietary funds are accounted for on a flow of economic resources measurement focus. With thismeasurement focus, all assets and liabilities associated with the operation of these funds are included in thebalance sheet. Proprietary fund-type operating statements present increases (e.g., revenues) and decreases(e.g., expenses) in net total assets.
The accounts of the Governmental Fund Types (the General Fund, Special Revenue Funds, Debt' ServiceFunds, and Capital Projects Funds) and Agency Funds are maintained, and the financial statements have beenprepared, on the modified accrual basis of accounting. Under this basis of accounting, revenues arerecognized when they become susceptible to accrual (i.e., both measurable and available). Available meanscollectible within the current year or soon enough thereafter to be used to pay liabilities of the current year.Substantially all revenues, except property taxes, are considered to be susceptible to accrual. Property taxes,which are levied in the last quarter of the year and collected before year-end, are considered deferred revenuesbecause such revenues are not legally available to pay liabilities in the current year. Expenditures aregenerally recognized under the modified accrual basis of accounting when the related fund liability is incurred.·Principal and interest on the generallong-tenn debt are recognized as expenditures when due.
The accounts of the Proprietary Fund Type (Internal Service Funds) are maintained, and the financialstatements have been prepared, on the accrual basis of accounting. Under this basis, revenues are recognizedwhen they are earned and expenses are recognized when they are incurred. Proprietary fund types followgenerally accepted accounting principles prescribed by the Governmental Accounting Standards Board (theGASB), and all Financial Accounting Standards Board's standards issued prior to November 30, ·1989.Subsequent to this date, the County accounts for its proprietary funds as prescribed by the GASB.
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cootinued)
D. Bud2ets and Bud2etar:y Accountjn2
Formal budgets are legally adopted for the General Fund, certain Special Revenue Funds (Road and Bridge• and the Drainage District) and all Debt Service Funds except for the Fort Bend Parkway Road DistrictUnlimited Tax Bonds Debt Service Fund. The debt service requirements relating to these bonds are fundedsolely from property taxes levied on property within the Road District.
Revenues and Other FinancingSources Over Expenditures (872,986) (51,168) (924,154)
Beginning Fund Balance 3,230,136 258,043 3,488,179
Ending Fund Balance $ 2,357,150 $ 206,875 $ 2,564,025
Formal budgets (annualized budgeting) are not adopted in the Capital Projects Funds. Effective budgetarycontrol in those funds is achieved through individual project budgeting in conformance with the provisions ofbond orders and other sources.
The County Budget Officer prepares the proposed budget and submits the data to the Commissioners Court. Apublic hearing is held on the budget before fmalizing it. The Court may increase or decrease the amountsrequested by the departments. In the fmal budget, which is usually adopted in the last quarter of the year,appropriations of the budgeted funds cannot exceed the available fund balances in such funds at January I,plus the estimated revenues for the ensuing year. During the year, the Court may increase budgeted revenuesand expenditures for unexpected revenues or beginning fund balances in excess of budget estimates, providedthe Court rules that a state of emergency exists. The legal level of budgetary control takes place at thedepartmental level. Budgetary transfers between departments cannot be made without Commissioners Courtapproval. There were no significant increases in the adopted budget.
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 1 _SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
E. Encumbrances
Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditureof monies are recorded in order to reserve that portion of the applicable appropriation, is used as an extensionof formal budgetary control in all of the budgeted funds. Encumbrances outstanding at year-end are reportedas reservations of fund balances and do not constitute expenditures or liabilities of the current year and arereappropriated in the budget of the subsequent year. Unencumbered appropriations lapse at the end of theyear.
F. Cash and Cash Equivalents
~ For purposes of the statement of cash flows, the proprietary fund types consider all highly liquid investmentslf~~ with a maturity of three months or less when purchased to be cash equivalents.
G. InterCund Recej\'ables and Payables
During the course of operations, transactions occur between individual funds for specified purposes. Thesereceivables and payables are classified as "due from other funds" or "due to other funds" on the combinedbalance sheet.
H. Temporary Investments
The County's temporary investments are comprised of U.S. agency obligations, collateralized mortgageobligations, and deposits in pooled investment accounts. Obligations with maturities of one year or less whenpurchased are reported on the balance sheet at their amortized cost, which approximates fair value. All otherinvestments are reported at fair value.
I. Fixed Assets
All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available.Donated fixed assets are valued at their estimated fair market value on the date donated.
The County does not capitalize public domain fixed assets (infrastructure) consisting of roads, bridges, andrelated rights-of-way. The costs of purchasing or constructing capital assets are recorded as expenditures inthe various funds and capitalized in the General Fixed Assets Account Group. Interest costs incurred duringconstruction are not capitalized on general fixed assets.
J. Accrued Compensated Absences
All full-time employees accumulate vacation benefits in varying annual number of days up to a maximum oftwenty days a year. Accumulated vacation exceeding twenty days lapses on December 31 of each year.Compensatory time exceeding 240 hours is paid to nonexempt employees except for the nonexempt lawenforcement officers who are paid when hours exceed 480. In the event of termination, an employee is paidfor all maximum allowable accumulation of vacation and compensatory time.
Sick leave benefits are earned by all full-time employees at a rate of eight days per year and may beaccumulated without limit. In the event of termination, an employee is not paid for any unused sick leave.
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 1 • SUMMARY OF SIGNIFICANT ACCOUNTING POI.lClES (continued)
J. Accrued Compensated Absences (continued)
A major portIOnof compensatory absences accrued at December 31, 1999, is expected to be paid with currentresources and is presented in the current liabilities section of the balance sheets of the respective funds.However, a portion of the liability is not expected to be paid with current resources and is presented in thegeneral long-term debt account group.
K. Use of Estimates
The preparation of financial statements in confonnity with generally accepted accounting principles requiresmanagement to make estimates and assumptions that affect the reported amounts of assets and liabilities anddisclosures of contingent assets and liabilities at the date of the financial statements and the reported amountsof revenues and expenses during the reporting period. Actual amounts could differ from those estimates.
L. Total Columns on Combined Statements
Total columns on the combined statements are captioned "Memorandum Only" to indicate that they arepresented only to facilitate financial analysis. Data in those columns do not present financial position orresults of operations in confonnity with generally accepted accounting principles. Such data is not comparableto a consolidation because interfund eliminations have not been made in the aggregation of this data.
M. Comparative Data
Comparative total data for the prior year have been presented in the accompanying financial statements inorder to provide an understanding of changes in the government's financial position and operations.
NOTE 2 • CASH AND INVESTMENTS
Casb and Casb EqujvalentsCash and cash equivalents at year-end consists of cash deposits, deposits in the Local Government lnvestmentCooperative ("LOGIC"), deposits in lnvestors Cash Trust ("ICT"), and government securities with maturitiesof three months or less when purchased. LOGIC and ICT are private investment pools. Cash and cashequivalents are stated at cost, which approximates market value.
21
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 2 • CASH AND INVESTMENTS (coatiaued)
Cash and Cash Equivalents (coatlaued)The County's cash and cash equivalents at December 31, 1999, are summarized as follows:
Credit CarryiagRisk Amouat
$ 15,965,101
58,705,223
$ 74,670,324
..Cash deposits
Investments considered cash andcash equivalents
Total Cash and Cash Equivalents
The cash deposits held at financial institutions can be categorized according to three levels of risk. These threelevels of nsk are:
Category I - Deposits that are insured or collateralized with securities held by the entity orby its agent in the entity's name.
Category 2- Deposits, which are collateralized with securities, held by the pledging financialinstitution's trust department or agent in the entity's name.
Category 3- Deposits which are not collateralized.
InvestmentsCommissioners Court has adopted a written investment policy regarding the investment of its funds as definedby the Public Funds Investment Act of 1995 (Chapter 2256, Texas Government Code). The County'sinvestments in collateralized mortgage obligations (CMO's) are in compliance because the Act does notrequire investments acquired before the effective date to be liquidated before the final slated maturity. Theinvestments of the County are in compliance with this policy. State statutes authorize the County to invest infully collateralized or insured time deposits, direct debt obligations of the United States, and certain repurchaseagreements. Investments in security repurchase agreements are authorized when the investment has a definedtermination date, is secured by obligations described in the Public Funds Investment Act, is pledged to theCounty, deposited with a third party selected and approved by the entity, and is placed through a primarygovernment securities dealer or national bank domiciled in the state or national banks domiciled in the State ofTexas. The County did not invest in repurchase agreements for the year ended December 31, 1999.
I'"
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
.......~I " NOTE 2 - CASH AND INVESTMENTS (condnued)
..·1
""""~ ''ill~'f~'irJ:~:~
Similar to cash deposits, investments held at a financial institution can be categorized according to three levelsof risk. These three levels of risk are:
Category I- Investments that are insured, registered, or held by the entity or by its agent inthe entity's name.
Category 2- Investments that are uninsured and unregistered held by the counterparty's trustdepartment or agent in the entity's name.
Category 3- Uninsured and unregistered investments held by the counterparty, its trustdepartment, or its agent, but not in the entity's name.
The investments in investment pools are not categorized securities because they are not evidenced bysecurities that exist in physical or book entry form. The fair value of the position in the external investmentpool is the same as the value of the pool shares.
Oversight responsibility includes the ability to significantly influence operations, designations of management,and accountability for fiscal matters. For the investment pools utilized by the County, oversight responsibilityfor LOGIC and ICT is a three member Board of Directors comprised of three governrnent officials oremployees. Two advisory Board members with expertise in public finance represents the general manager ofthe Fund. Day to day administration of the Funds is performed by Southwest Securities Group, Inc.
The County's carrying amount of investments at December 31, 1999, which approximates fair value, aresurnrnarized as follows:
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 3 - PROPERTY TAXES
The County's property taxes are levied annually in October on the basis of the Fort Bend Appraisal District'sassessed values as of January I of that calendar year. The Appraisal District establishes appraised values atI00% of market value less exemptions. The County's property taxes are billed and collected by the County'sTax Assessor/Collector.
The County's tax year covers the period October I through September 30, while the County's fiscal year isJanuary I through December 31. Therefore, taxes levied on or after October I of each fiscal year are thesubsequent fiscal year's property tax revenue and such amounts are reflected as deferred revenue until thebeginning of the subsequent fiscal year on January l. Such taxes become delinquent on February 1 of thesubsequent calendar year.
1998 Tax YearProperty taxes are prorated between the General, certain Special Revenue, and Debt Service Funds based onrates adopted for the year of the levy. For the 1999 fiscal year (1998 tax year), the County levied propertytaxes of $0.6241 per $100 of assessed valuation. The 1998 rates resulted in total tax levies of approximately$80.5 million based on a total adjusted valuation of approximately $12.9 billion. The total tax rate in the 1998tax year was prorated as follows:
1998Rate
1998Limit
Fort Bend County, TexasGeneral, certain special revenue,and debt service funds
Special road & bridge fundsFarm-to-market and lateral roads fundsFort Bend County Drainage District
$ 0.52460.0599
$ 0.80000.15000.30000.25000.0396
Total $ 0.6241 $ 1.5000
The tax rate for the Fort Bend Parkway Road District for the 1998 tax year was $0.50188 per $100 of assessedvaluation.
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 3 - PROPERTY TAXES (continued)
1998 Tax Year (continued)Tax revenues for 1999 consisted of the following:
1998 levy collected in prior fiscal year
Special DebtGeneral Revenue Service
Fund Funds Fund
$ 24,750,754 $ 5,192,239 $ 2,679,193
36,160,002 7,581,677 4,010,277
550,455 135,536 59,661
$ 61,461,211 $ 12,909,452 $ 6,749,131
1998 and prior years' levies collectedin current fiscal year
Penalty, interest, and other
1999 Tax YearDuring the last quarter of 1999, the County levied property taxes for the 2000 fiscal year (1999 tax year). Thetax rate was set at $0.6241 per $100 of assessed valuation. The 1999 rates resulted in total tax levies ofapproximately $87.5 million based on a total adjusted valuation of approximately $14.0 billion. Property taxeslevied in the 1999 tax year are not available for the County's use until the 2000 fiscal year. Total property taxcollections of approximately $38.3 million on the 1999 tax levy have been deferred at December 31, 1999, andwill be recognized as revenue in 2000.
Fort Bend Central Appraisal DistdctThe Fort Bend Central Appraisal District ("CAD"), a separate governmental entity, is responsible for therecording and appraisal of property for all taxing units in the County.
The CAD is required by state law to assess property at 100% of its appraised value. Further, real propertymust be appraised at least every four years. Under certain circumstances, the taxpayers and taxing units,including the County, may challenge orders of the CAD's Appraisal Review Board through various appealsand, if necessary, legal action may be taken.
The Commissioners Court will continue to set the tax rates on the property. State law also provides that, ifapproved by the qualified voters in the County, collection functions may be assigned to the CAD.
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 4 - GENERAL FIXED ASSETS.,.,
:·:1 iGeneral fixed assets transactions for the year ended December 3 I, 1999, are summarized as follows:
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE S - GENERAL LONe_TERM DEBT (coatiaued)
Capital Lease - Purchase Agreemepts
MIS EquipmeptIn 1999, the County executed a lease-purchase agreement for an IBM main frame.
Road & Bridge EquipmeptIn 1996, the County executed a lease-purchase agreement for a gradall. In 1997, the County executed alease-purchase agreement for a reclaimerlstabilizer. In 1999, the County executed a lease-purchaseagreement for a used heavy duty telescopic boom excavating and grading machine.
Lapdfill EquipmentIn 1999, the County executed two lease-purchase agreements for a track type tractor and a usedarticulated dump truck.
Epgineeripg EquipmentIn 1997, the County executed two lease-purchase agreements for a caterpillar tractor and a caterpillar soilcompactor.
Annual requirements to amortize capital leases outstanding as of December 31, 1999, are as follows:
Year Priacipal
2000 $ 539,5092001 318,4132002 242,444
$ 1,100,366
$
Iaterest Total
55,211 $ 594,72024,547 342,9609,220 251,664
88,978 $ 1,189,344$
Prior Year Advapced RefUpdipg of Geperal I,opg- Term Debt
In 1993, the County defeased certain outstanding bonds and certificates of obligations by placing proceeds ofnew bonds in an irrevocable trust to provide for all future debt service payments on the old bonds.Accordingly, the respective trust account assets and the liability for the defeased bonds are not included in theCounty's financial statements. At December 31, 1999, approximately $28.8 million of previously refundedbonds outstanding are considered defeased.
Copduit Debt
The Fort Bend County Housing Finance Corporation is authorized to finance residential housing by issuingtax-exempt revenue bonds to acquire mortgage loans as security for the payment of the principal and interestof such revenue bonds. The tax-exempt bonds issued by the Corporation do not constitute a debt or pledge offaith of the Corporation, but are payable by the user pursuant to terms defined in the loan agreementunderlying each issue. During 1998, the corporation's first Single Family Mortgage Revenue Bonds(GNMAand FNMA Mortgage-Backed Securities Program) Series 1998 had been issued in the amount of $18,750,000.At December 31,1999, the corporation's second Single Family Mortgage Revenue Bonds (GNMA and FNMAMortgage-Backed Securities Program) Series 1999A had been issued in the amount of $30,000,000.
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 6 -INTERFUND TRANSACTIONS
At December 31, 1999, the interfund receivables and payables were as follows: ~
Interlund InterlundReceivable Payable
General Fund $ 14,800,128 $ \43,002
Special Revenue Funds
Road and bridge 2,010,595Drainage district 903,760 7,511County law library 7,100Alternative dispute resolution 3,550OWl video fee 415Probate court training 366Juvenile probation special 37,506District Attorney supplemental salary 8,888District Attorney bad check collection fee 415 406Records management 46,485County Attorney supplement 22,067 8,260Records management- County 3,979Courthouse security 17,278Temporary emergency relief 61Emergency food and shelter program 5Emergency management assistance program 3Summer food service program 117Community development block grant 96 4Community development block grant 98 92Community development block grant 99 12,000Home program 96 1,506Home program 97 \,500Emergency shelter 1,005CDBG housing rehabilitation 98 3CDBG housing rehabilitation 99 3,500Local law enforcement block grant 12,633Grant administration 780 "'"'Purchase of juvenile services 16,031
LJuvenile incentive block grant 20,155Regional juvenile justice alternatives 59Juvenile justice alternative education 682Juvenile probation state aid 16,000 268Juvenile probation CCAP 4,385 300TJPC challenge grant 12Adult probation supervision 45,161 kdAdult probation DTP 914Adult probation CCP 13,100Adult probation TAIP 213Victims services program 30,934 Lo
3.119.062 140,942
III'.'.-,
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 6 - INTERfUND TRANSACTIONS (continued)
The operating transfers in and out during the year were as follows:
OperallDg Operallng• TUDoren tD TUDoren Out
GeDeral FUDd S 19,227 S 1,713,203
Special ReveDue FuudsRoad and Bridge 8,430
Drainage district 127,995
Asset forfeiture sheriff 86,534
Juvenile probation special 2,119
- Records management 3,086 "Narcotics fund - Asset forfeiture federal 86,534
Community development block grant 96 173,228
Community development block grant 97 102,667
Community development block grant 98 18,343 69,997
Local law enforcement block grant 2,002Household NG waste collection grant 25,326
Juvenile probation state aid 33,576 255
Juvenile probation CCAP 10,011 2,106
JP officer 10,345 4,090
ISP officer 3,425 1,201
Adult probation supervision 432,060
Adult probation DTP 247,921
Adult probation CCP 133,941 17,906
Adult probation TAlP 67,583
Victims services program 521812,756 858,446
Debt Service FuudsFBFCWSC Revenue Bonds Series 1989 74,020 844,086
FBFCWSC Refunding Bonds Series 1999 898,185972,205 844,086
• Capital Projects Funds
··v Capital improvements 1,163,145 P-o' 'I
.' .JaiVJuvenile building 59 L:Rosenberg Annex Building 99,149
FBFCWSC construction-county 1,074,761 1,063,054 ..,FBFCWSC construction arbitrage 11,832
Fifth Street Section 108 5632,337,055 1,075,508
WII InterDal Service FundsEmployee benefits 650,000
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 7 - PENSION PLAN
A. Plag Descriptiog
The County provides retirement, disability, and death benefits for all of its full-time employees through anontraditional defined benefit pension plan in the statewide Texas County and District Retirement System(TCDRS). The Board of Trustees of TCDRS is responsible for the administration of the statewide agentmultiple-cmployer public employee retirement system consisting of 493 nontraditional dermed benefit pensionplans. TCDRS in the aggregate issues a comprehensive annual financial report (CAFR) on a calendar year basis.The CAfR is available upon wrinen request from the TCDRS Board of Trustees at P.O. Box 2034, Austin, Texas78768-2034.
The plan provisions are adopted by the goveming body of the employer, within the options available in the Texasstate statutes governing TCDRS (TCDRS Act). Members can retire at ages 60 and above with eight or moreyears of service, with 30 years of service regardless of age, or when the sum of their age and years of serviceequals 75 or more. Members are vested after eight years of service but must leave their accumulated contributionsin the plan to receive any employer-financed benefit. Members who withdraw their personal contributions in alump sum are not entitled to any amounts contributed by their employer.
Benefit amounts are determined by the sum of the employee's contributions to the plan, with interest, andemployer-financed monetary credits. The level of these monetary credits is adopted by the governing body of theemployer within the actuarial constraints imposed by the TCDRS Act so that the resulting benefits can be expectedto be adequately financed by the employer's commitment to contribute. At retirement, death, or disability, thebenefit is calculated by converting the sum of the employee's accumulated contributions and the employer-financed monetary credits to a monthly annuity using annuity purchase rates prescribed by the TCDRS Act.
B. Fugdigg Policy
The employer has elected the annually determined contribution rate (ADCR) plan provisions of the TCDRS Act.The plan is funded by monthly contributions from both employee members and the employer based on thecovered payroll of employee members. Under the TCDRS Act, the contribution rate of the employer isactuarially determined annually. It was 10.85% for calendar year 1999. The contribution rate payable by theemployee members is the rate of 7% as adopted by the governing body of the employer. The employeecontribution rate and the employer contribution rate may be changed by the goveming body of the employerwithin the options available in the TCDRS Act.
C. Aggual Pegsjog Cost
For the employer's accounting year ending December 31, 1999, the annual pension cost for the TCDRS plan forits employees and the actual contributions made were $4,793,578 for the County. Because all contributions aremade as required, no pension obligation existed at December 31, 1999.
The annual required contributions were actuarially determined as a percent of the covered payroll of theparticipating employees, and were in compliance with the GASB Statement No. 27 parameters based on theactuarial valuation as of December 31, 1997, the basis for determining the contribution rate for calendar year1999. The December 3 I, 1998 actuarial valuation is the most recent valuation.
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
of payroll, closed of payroll, open of payroll, open
25 20 20
amortized cost long-term long-term
for bonds; no appreciation appreciation
equities with adjustment with adjustment
8.00% 8.00% 8.00%
6.2% 5.9% 5.9%
4.5% 4.0% 4.0%
0.0% 0.0% 0.0%
Amortization period in yearsAsset valuation method
Assumptions:
Investment return (I)
Projected salary increases (1)
InflationCost of living adjustments
(I) includes inflation at the stated rate
Trend InformationFor the Retirement Plan for employees of Fort Bend County, Texas
Calendar Year199619971998
Annual Pension Cost(APC)
PercentageContributed
Net PensionObligation
100%100%100%
ooo
2,415,2302,621,4923,978,088
D, Trapsitiop Disclosure
It was determined in accordance with GASB Statement No. 27 that the pension liability was zero at thetransition to that statement effective January I, 1999, because all actuarially required conlributions for theaccounting years for the period January 1, 1987 through December 31, 1998 have been paid. There was nopreviously reported pension liability before the transition. Therefore, the difference between the pensionliability at transition and the previously reported pension liability is zero.
ActuarialValuation Date Aduarial Value of
0<<. 31 Assets
1996 55.504,149
1997 62,393,552
1998 70.992,113
UnfundedActuarialAcU1lcdLiability(UAAL)
(UAAL) .. a illAnnual Percentace ofCovered CoveredPayroll Payroll
34,259,680 47%
36,611,571 53%
41,246,995 51%
Aduarial AccruedLiability Poreentace Funded
71,755,194 77%
81,619,632 76%
91,966,911 77%
16,251,045
19,226,080
20,974,798
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 8 - DEFERRED COMPENSATION PUN
The County offers all of its full-time employees a deferred compensation plan created in accordance withSection 457 of the Internal Revenue Code. The plan permits employees to defer a portion of their salary untilfuture years. The deferred compensation is not available to the employees until termination, retirement, death,or emergency.
NOTE 9 • RISK MANAGEMENT
The County is exposed to various risks related to torts: theft of, damage to, and destruction of assets; errorsand omissions; and natural disasters. The County's risk management program encompasses various means ofprotecting the County against loss by obtaining property, casualty, and liability coverage through commercialinsurance carriers, self insurance, and from participation in a risk pool. The participation of the County in therisk pool is limited to the payment of premiums. Settled claims have not exceeded insurance coverage in anyof the previous three fiscal years. There has not been any significant reduction in insurance coverage from thatof the previous year.
A. Health and Life Ipsurance Bepefits
The County sponsors a modified self-insurance plan to provide healthcare benefits to employees and theirdependents. Transactions related to the plan are accounted for in an Internal Service Fund ("Fund").Employee contributions are required for certain personal coverage, and additional employee contributions arerequired for certain coverage of dependents. The medical benefit has a lifetime benefit of $1 million while thedental benefit has an annual limit of $1,500 per covered employee or dependent. Settled claims have notexceeded insurance coverage in any of the previous three fiscal years. There has not been any significantreduction in insurance coverage from that of the previous year. Estimates of claims payable and of claimsincurred but not reported at December 31, 1999, are reflected as benefits payable of the Fund. Liabilitiesinclude an amount for claims that have been incurred but were not reported until after December 31, 1999.Because actual claims liabilities depend on such complex factors as inflation, changes in legal requirements.and damage awards, the process used in computing claims liability is an estimate. The plan is funded todischarge liabilities of the Fund as they become due. Claims liability activity for 1998 and 1999 was asfollows:
YearBeginning ofYear AccrualS 1,386,476
EstimatedClaims
ClaimsPayments
End of YearAccrual
S 6,768,363 S 1,167,4736,549,360S1998
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 9 - RISK MANAGEMENT (continued) r!
B. Workers' Compensation Benefits
The County also sponsors another modified self· insurance plan to provide workers' compensation benefits tothe employees. This program is funded 100% by the County. Settled claims have not exceeded insurancecoverage in any of the previous three years. There has not been any significant reduction in insurancecoverage from that of the previous year. Liabilities include an amount for claims that have been incurred butwere not reported until after December 31, 1999. Because actual claims liabilities depend on such complexfactors as inflation, changes in legal requirements, and damage awards, the process used in computing claimsliability results in an estimate. Claims liability activity for 1998 and 1999 was as follows:
YearBeginning ofYear Accrual$ 514,396
EstimatedClaims
End of YearAccrual
ClaimsPayments
$ 513,565$ 243.227 $ 244,0581998
NOTE 10 - POST RETIREMENT HEALTH AND LIFE INSURANCE BENEFITS
In addition to providing pension benefits, the County provides medical insurance benefits, on a contractual basis,for employees who qualify in accordance to County policy with 30 or more years of service with the County,those who have worked 8 or more consecutive years and have reached the age of 60, or when the sum of their ageand years of service equals 75 or more. An employee who goes on disability retirement while employed by the .County will also qualify. However, retirees are required to share the cost of the premiums for dependentcoverage. Excluding dependents, there are 140 retirees currently eligible in the program. The cost of suchbenefits is recognized as incurred. The estimated amount of medical claims paid for retirees and their dependentsin 1999 is $933,644.
NOTE 11 - CONTINGENT LlABDJIlES AND COMMITMENTS
The County is contingently liable with respect to lawsuits and other claims in the ordinary course of itsoperations. The settlement of such contingencies under the budgetarY process would not materially affect thefinancial position of the County as of December 31, 1999.
NOTE 12 RECLASSIFICATION OF FUNDS
During 1999, the County reclassified three Agency funds to the Special Revenue fund category. Beginning fundbalances for these funds were increased in the amount of $24,000. Prior year memorandum totals were notadjusted for this amount.
I ....r 1,
36
•APPENDlXC
FORM OF BOND COUNSEL'S OPINION
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[THIS PAGE INTENTIONALLY LEFT BLANK]
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VINSON & ELKINSATIORNEYS AT LAW
VINSON & ELKINS L.L.P,2300 FIRST CITY TOWER
1001 FANNIN STREETHOUSTON. TEXAS 77002-6760
TELEPHONE (713) 758-2222FAX (713) 758-2346
WE HAVE ACTED as bond counsel for Fort Bend County, Texas (the "County"), inconnection with an issue of bonds (the "Bonds") described as follows:
FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES2001, dated March 15.2001, in the total authorized amount of $29,000,000.
The Bonds mature, bear interest, are subject to redemption prior to maturity. andmay be transferred and exchanged as set out in the Bonds and in the order adoptedby the Commissioner's Court of the County authorizing their issuance (the"Order").
WE HAVE ACTED as bond counsel for the sole purpose of rendering an opinion withrespect to the legality and validity of the Bonds under the Constitution and laws of the State ofTexas. and with respect to the exclusion of interest on the Bonds from gross income for federalincome tax purposes. We have not investigated or verified original proceedings, records. data orother material, but have relied solely upon the transcript of certified proceedings described in thefollowing paragraph. We have not assumed any responsibility with respect to the financialcondition or capabilities of the County or the disclosure thereof in connection with the sale of theBonds. Our role in connection with the County's Official Statement prepared for use inconnection with the sale of the Bonds (the "Official Statement") has been limited as describedtherein.
IN OUR CAPACITY as bond counsel. we have participated in the preparation of andhave examined a transcript of certified proceedings pertaining to the Bonds which containscertified copies of certain proceedings of the County, customary certificates of officers. agentsand representatives of the County and other public officials and other certified showings relatingto the authorization and issuance of the Bonds. We have also examined executed Bond No. I-Iof this issue.
BASED ON SUCH EXAMINATION, IT IS OUR OPINION that the transcript ofcertified proceedings evidences complete legal authority for the issuance of the Bonds in fullcompliance with the Constitution and laws of the State of Texas presently effective and thattherefore the Bonds constitute valid and legally binding obligations of the County, and thattaxable property within the County is subject to the levy of ad valorem taxes, without legal limitas to rate, to pay the Bonds and the interest thereon.
THE RIGHTS OF THE OWNERS of the Bonds are subject to the applicable provisionsof the federal bankruptcy laws and any other similar laws affecting the rights of creditors ofpolitical subdivisions generally, and may be limited by general principles of equity which pennitthe exercise of judicial discretion.
IT IS OUR FURTHER OPINIONthat:
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(I) Interest on the Bonds is excludable from gross income for federalincome tax purposes under existing law.
(2) The difference between the amount payable at maturity of eachOriginal Issue Discount Bond (as defined in the OfficialStatement) and the "issue price" of such Bond (as stated in theOfficial Statement) is excludable from gross income for federalincome tax purposes as original issue discount under existing law.
(3) The Bonds are not "private activity bonds" within the meaning ofthe Internal Revenue Code of 1986, as amended (the "Code"), andinterest on the Bonds is not subject to the alternative minimum taxon individuals and corporations, except that interest on the Bondswill be included in the "adjusted current eamings" of a corporation(other than any S corporation, regulated investment company,REIT, REMIC or FASIT) for purposes of computing its alternativeminimum tax.
In providing such opinions, we have relied on representations of the County, the County'sfinancial advisor, and the Underwriter (as defined in the Order), with respect to matters solelywithin the knowledge of the County, the County's financial advisor, and the Underwriter,respectively, which we have not independently verified, and have assumed continuingcompliance with the covenants in the Order pertaining to those sections of the Code which affect-the exclusion from gross income of interest on the Bonds for federal income tax purposes. Ifsuch representations are detennined to be inaccurate or incomplete or the County fails to complywith the foregoing provisions of the Order, interest on the Bonds could become includable ingross income from the date of original delivery, regardless of the date on which the eventcausing such inclusion occurs.
Purchasers of Original Issue Discount Bonds in the initial public offering are directed tothe discussion entitled "Tax Accounting Treatment of Original Issue Discount Bonds" set forthin the Official Statement for purposes of detennining the portion of the original issue discountdescribed in paragraph (2) above which is allocable to the period such Bonds are held by anowner. The federal income tax consequences of the purchase, ownership. and redemption, sale,or other disposition of Original Issue Discount Bonds which are not purchased in the initial
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public offering at the initial offering price may be determined according to rules which differfrom those described above and in the Official Statement.
Except as stated above, we express no opinion as to any federal,. state or local taxconsequences resulting from the receipt or accrual of interest on, or acquisition, ownership, ordisposition of the Bonds.
Owners of the Bonds should be aware that the ownership of tax-exempt obligations mayresult in collateral federal income tax consequences to financial institutions, life insurance andproperty and casualty insurance companies, certain S corporations with Subchapter C earningsand profits, individual recipients of Social Security or Railroad Retirement benefits. taxpayerswho may be deemed to have incurred or continued indebtedness to purchase or carry tax-exemptobligations, and individuals otherwise qualifying for the earned income credit. In addition.certain foreign corporations doing business in the United States may be subject to the "branchprofits tax" on their effectively-connected earnings and profits (including tax-exempt interestsuch as interest on the Bonds).
The opinions set forth above are based on existing law, which is subject to change. Suchopinions are further based on our knowledge of facts as of the date hereof. We assume no dutyto update or supplement these opinions to reflect any facts or circumstances that may hereaftercome to our attention or to reflect any changes in any law that may hereafter occur or becomeeffective. Moreover, our opinions are not a guarantee of result and are not binding on theInternal Revenue Service (the "Service"); rather, such opinions represent our legal judgmentbased upon our review of existing law and in reliance upon the representations and covenantsreferenced above that we deem relevant to such opinions. The Service has an ongoing auditprogram to determine compliance with rules that relate to whether interest on state or localobligations is includable in gross income for federal income tax purposes. No assurance can begiven whether or not the Service will commence an audit of the Bonds. If an audit iscommenced, in accordance with its current published procedures the Service is likely to treat theIssuer as the taxpayer. We observe that the Issuer has covenanted in the Order not to take anyaction, or omit to take any action within its controL that if taken or omitted, respectively. mayresult in the treatment of interest on the Bonds as includable in gross income for federal incometax purposes.
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I
OFFICIAL 5T ATEMENT DATED MARCH 29, 2001
Ratings: Moody's: "Aaa"S&P: "AAA"
See ("OTHER INFORMATION·.~ Ratings" herein)
NEW ISSUE - Book-Entry-Only..., IN THE OPINION OF BOND COUNSEL. INTEREST ON THE BONDS IS EXCLUDABLE FROM GROSSINCOME FOR FEDERAL'jINCOME TAX PURPOSESUNDER EXISTING LAW AND THE BONDSARE NOT PRIVATE ACTIVITY BONDS.SEE "TAX MATTERS-
~. TAX EXEMPTION" HEREIN FOR A DISCUSSIONOF THE OPINION OF BOND COUNSEL.INCLUDING A DESCRIPTION OF ALTERNA.TlVE MINIMUM TAX CONSEQUENCESFOR CORPORATIONS.
..,
$29,000,000FORT BEND COUNTY, TEXAS
UNUMITED TAX ROAD BONDS, SERIES 2001·Dated Date: April 1, 2001 Due: March 1, as shown on the inside co.erPAYMENTTERMS ... Interest on the $29,000,000 Fort Bend County, Texas, Unlimited Tax Road Bonds, Series 2001
~ (the "Bonds") will accrue from April I, 2001, (the "Dated Date") and will be payable March 1 and September I of each,year commencing September I, 2001, and will be calculated on the basis of a 36D-dayyear consisting of twelve 3D-day
.~ months. The definitive Bonds will be initially registered and delivered only to Cede & Co., the nominee of The Depository
. Trust Company ("OTC") pursuant to the Book-Entry-Only System described herein. Beneficial ownership of the Bonds~ may be acquired in denominations of $5,000 or integral multiples thereof. No physical deli.ery of the Bonds will be made•to the beneficial owners thereof. Principal of, premium, if any, and interest on the Bonds will be payable by the PayingAgent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of
··DTC for subsequent payment to the beneficial owners of the Bonds. See "THE BONDS - BOOK-ENTRY-ONLYSYSTEM"herein. The initial Paying Agent/Registrar is The Chase Manhattan Bank (see "THE BONDS - PAYINGAGENT/REGISTRAR").
".AUTHORITYFORIssUANCE••• The Bonds are iSC'ledpursuant to the Constitution and general laws of the State of Texas,(the "State") including particularly Chapter 1471, Texas Government Code, as amended, and are direct obligations of
·Fort Bend County, Texas (the "County"), payable from a continuing ad valorem tax levied on all taxable property withinthe County, without legal limit as to rate or amount, as provided in the order authorizing the Bonds (the "Order") (see
· "THE BONDS - AUTHORITYFORISSUANCE").
_~ PURPOSE.•. Proceeds from the sale of the Bonds will be used for the construction, purchase, maintenance, and operationof macadamized, graveled and paved roads and turnpikes, and the aid therefor, and to pay the costs of issuance of the
· Bonds.
Payment of the principal and interest on all or part of theBonds when due will be guaranteed by a municipal bondinsurance policy issued simultaneously with the delivery ofthe Bonds by Financial Guaranty Insurance Company. See"MUNICIPAL BOND INSURANCE" herein.
• Financial Guaranty InsuranceCompany
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See Maturity Schedule on the Inside Cover
OPTIONALREDEMPTION... The County reserves the right, at its option, to redeem Bonds having stated maturities on andafter March I, 2011, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on March 1, 20I0,or any date thereafter, at the par value thereof plus accrued interest to the date of redemption (see "THE BONDS _
~ OPTIONALREDEMPTION").
i"l LEGALITY••. The Bonds are offered for delivery when, as and if issued and received by the Underwriters and subject to"'1 the approving opinion of the Anorney General of Texas and the opinion of Vinson & Elkins L.L.P., Bond Counsel,~. Houston, Texas (see "APPENDIX C - FORMOFBONDCOUNSEL'SOPINION"). Certain legal matters will be passed
upon for the Underwriters by Andrews & Kurth L.L.P., Houston, Texas.
. ! DEUVERY.•. It is expected that the Bonds will be available for delivery through The Depository Trust Company on~ May 2, 2001.
Loop Capital Markets, LLC Coastal Securities
,..MATURITY SCHEDULE
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11Maturity Price or Maturity Price or U
Principal March 1 Rate Yield Principal March 1 Rate Yield
2.050.000 2011 5.000 4.440 2.050.000 2021 5.000 5.250 ~·:i:;.~(Accrued Interest from April I. 2001 to be added) n I'
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This OfficIal Statement, which includes the cover page and the Appendices hereto. does not conslllUle an ol!er to sell or thesolicitation of an offer to bll.\!in any jurisdiction (0 any person to whom it is unlawful to make such offer. solicitalion or sa/e.
No dealer. broker, salesperson or other person has been authorized to give information or to make any representation otherthan those contained in this Official Statement. and. if given or made. such other in/ormation or representations must not be
relied upon.The information set forth herein has been obtained from the County and other sources believed to be reliabie. but suchinformation is not guaranteed as to accuracy or completeness and is not to be construed as the promise or guarantee 0/ theFinancial .Advisor or the l....nderwriters. This OfJicial Statement contains, in part, estimates and malleI'S of opinion which are notintended as statements of fact. and no representation is made as to the correctness of such estimates and opinions. or that they
will be reali=ed.The information and expressions of opinion contained herein are subject to change without notice, and neither the delivery ofthis OffiCial Statement nor any sale made hereunder shall, under any circumstances. create any implication that there has beenno change in the alTairs althe County or other malleI'S described.
TABLE OF CONTENTS
OFFICIAL STATEMENT SUMMARy 5SELECTED FI:--;ANCIAL (J\FORMATION . 6
GENERAL FUND CONSOLIDATED STATEMENT SUMMARy..... . . 6
COUNTY OFFICIALS. STAFF AND CONSULTANTS : · · ·7ELECTED OFFICIALS ·····•• .......•••..•.... ,................................ .7OTHER ELECTED AND ApPOINTED OFFiCiALS....................................................... ...........•...... . 7
CONSULTANTS AND ADVISORS .. 7
INTRODUCTION 9DESCRIPTION OF THE COUNTy.................... ...................•. ...........•.... .. 9
THE BONDS 9DESCRIPTION OF THE BONDS .....•............. . . .. 9
DEBT INFORMATION _ 21TABLE 9 - PRO-FoRMA GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS 21TABLE 10 INTEREST AND SINKING FUND BUDGET PROJECTION 21AUTHORIZED BUT UNISSUED BoNOS ·.. · · 21ANTICIPATED ISSUANCE OF GENERAL OBLIGATION DEBT 21FORT BDiD FLOOD CONTROL WATER SUPPLY CORPORATION . 22
FORT BEND COUNTY TOLL ROAD AUTHORITY 22TABLE 12 - OTHER OBLIGATIONS · 22
FINANCIAL INFORMATION 23TABLE 13 - GENERAL FUND REVENUES AND EXPENDITURE HISTORY 23TABLE 14 _ SPECIAL REVENUE fUNDS STATEMENT OF RevENuES AND EXPENDITURES AND CHANGES IN FUND BALANCE 24
APPENDICESGENERAL INFORMAT10N REGARDING THE COUNTY .•.
EXCERPTS FROM THE FORT BEND COUNTY ANNUAL FINANCIAL REPORT..FORM OF BOND COUNSEL'S OPINION .
MUNICIPAL BOND INSURANCE SPECIMEN ..
ABCD
The cover page hereof. this page. the appendices included herein and any addt:nda supplt:ment or amendment hereto. are part ofthe Official Statement.
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OFFICIAL STATEME:-IT SUMMARY
This summary is subject in all respects to the more complete information and detinitions contained or incorporated in thisOfficial Statement. The offering orthe Bonds to potential investors is made only by means of this entire Official Statement. Noperson is authorized to detach this summary from this Official Statement or to othernise use it without the entire Official
Statement.
THECOL;NTY ...•. The County is a legal subdi ....ision of the: State of Texas. located in southeast Texas. TheCounty covers approximately 886 square miles. The City of Richmond is Ihe Counl) Seat.
THE BONDS .•........... The Bonds are issued as $29.000.000 Unlimited Ta.x Road Bonds. Series 2001, The Bonds areissued as l>CrialBonds maturing March I. 2002 through \1arch 1. 2021 (sel:: '"THE BO'\lDS-DESCRIPTIONOFTHE BONDS").
P.-\YMENTOF INTEREST. Interest on the Bonds accrues from April I. 2001. and is payable September I. 100 I. and o.:achMarch I and September I thereafter until maturity or prior redemption (see "THE BO;\OS -DESCRIPTIONOFTHEBO:-JDS"and "THE BONDS - OPTIONAl.RWEMPTlm-f").
AtiTHORITI' FOR ISSb\NCE . The Bonds arc issued pursuant to the constItution and .general laws of the State. includingparticularly Chapter 147LTexas Government Code. as amended. and an Order pa.'ised by theCommissioners Coun orthe County (see "THE BONDS - ACTHORITYFORISSUA!"CI:::··).
SECURITY FOR THEBONDS . The Bonds constitute direct obligations or the County, payable from the h::vy and collection of
a direct and continuing ad valorem ta". without leg.al limit as to ratc or amount. on all taxablepropeny located within the County (see "THE BONDS - SECURITY .4.t\D SOURCE OF
P.b"YMENT").
REDEJ\.IPTIOl'O . The County reserves the right. at its option. to redeem Bonds having stated maturities on andafter March 1. 1011. in whole: or in part in principal amounts of $5.000 or any integralmultiple thereof, on March.!. 2010. or any date thereafter. at the par value thereof plusaccrued interest to the date of redemption (see "THE BONDS - OPTIONALREDEMPTION").
TAX EXEMmON In the opinion of Bond Counsel. the interest on the Bonds is excludable from gross income forfederal income tax purposes under existing law and the Bonds are not private activity bonds. See"TAX MATIERS - TAX EXEMPTION" for a discussion of the opinion of Bond Counsel.including a description of the altemative minimum tax consequences for corporatlons.
USE OF PROCEEDS ... Proceeds from the sale of the Bonds will be used for the construction. purchase. maintenance.and operation of macadamized, graveled and paved roads and turnpikes. and the aid therefor.and to pay the costS of issuance of the Bonds.
RATINGS .... "."................. The Bonds are rated "Aaa" by Moody's Investors Service. Inc. ("Moody's") and "AAX' byStandard & Poor's Ratings Services. A Division of The McGraw·HiII Companies. 1m:.("S&P") with the understanding that upon deli\'e~ of the Bonds. a financial guarantyinsurance policy insuring the timely payment of the principal of and interc:st on tht: Bonds willbe issued by Financial Guaranty Insurance Corporation. Moody's and S&P have assignedunderlying ratings for the Bonds of "Aa2" and '"A.A.:' respectively. The County has threeother issues outstanding which are rated "Aaa" by Moody's and "AAA" by S&P throughinsurance by various commercial insurance companies (see "OTHER INFOR:V1ATION •RATINGS'").
BOOK-ENTRY-ONLYS'·STE:\L The deliniti e Bonds \\ill be initially registered and delivered only to Cede & Cu .. the
nominee of DTC pursuanl to the Book-Entry-Only System described herein. Beneticialownership of [he Bonds may be acquired in denomInations of $5,000 or integral multiplesthcreof No physical delivery of the Bonds will be made to the bcneticial owners thcreof.Principal of. premium. if any. and interest on the Bonds will be pay'able hy the PayingAgent/Registrar to Cede & Co .. which will make distribution of the amounts so paid to theparticipating members of DTe tor subsequent payment to the beneticial owners of the Bonds(see '"THE BONDS - BOOK-El':TRY~ONLYSYSTE~.(·).
PAYMENT RECORD ".......... The County has never defaulh::d in payment of its general obligation debt.
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SELECTED FINA.i~CIAL l~fORMAno/'li
Ratio Ta.xPer Capita General Per Debt to
ESlimated Taxable Taxable Obligation Capita Ta"abk Percent Of
Fiscal Year County Assessed Assessed ("G.O."1 G.O. Assessed Total Ta."
Endine 12/3 I Population Valuation'll Valuation Ta-... Debt Ta' Debt Valuation CollectIOns
1996 302.01 i c!J S 10.552.653.695 S 34.941 S 66.575.000 S 220 0.63% 99.98%
2001 362.778 (~J 15.732.876.942 43.368 80.810.000 '"' 223 i6l O.51%(i» 71.37%:1 ,"(1) As reported by the Fort Bend Central i\ppralSal District subject to change durm£, the ensumg ~car(2) Source: The Texas State Data Center on July I or each year.(3) Source: The Texas State Date Center on January I.(4) Estimated by the University of Houston Center tor Public Polic~(5) 2001 populatIon estimate not available.(6) Projected. includes the Bonds.(7) Partial collections through January 31. 2001.
GE:'IlERAL FUND CONSOLIDATED STATEMENT SlIM"AR\'
fiscal Year Ended December 31
Unaudited 2000 1999 1998 1997 1996 1995
Beginning Balance S 26.234.230 S 18.681.%9 S 16.825.236 {II $11.411.012 S 11.136.410 $ 8.125.984
Total Revenue 88.752.410 82.419.808 71.064.117 66.129.991 59.345.198 55.922.822
Total Expenditures 82.049.497 73.958.466 68.446.099 60.346.iI5 57.164.094 50.589.777
Transfer In (Out) (6.381.195) (909.0811 (761.2851 ( 1.265.656) (2.906.5021 ( 1.322.619)
Ending Balance S 26.555.848 $ 26.234.230 $18.681.969 S 15.928.632 S11.411.012 S 12.136.410
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(I) Beg.inning fund balance changed by $896.604 due to market value adjustments In connecuon with implementation of GASB Statement 31Accounting and Financial Reporting lor Certain Investments and for ExtemallR\:estment Pools.
Bond Counsel . .......... Vinson & Elkins L.L.P.Houston. Texas
Financial Advisor First Southwest CompanyHouston. Texas
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[PAGE INTENTIONALLY LEFT BLANK]
8
OFFICIAL STATEMENT
RELATING TO
529,000,000FORT BEND COUNTY, TEXAS
UNLIMITED TAX ROAD BONDS, SERIES 2001
INTRODUCTION
This Official Statement. which includes the Appendices hereto. provides ccnain information regarding the issuance of529.000.000 Fort Bend County. Texas. Unlimited Tax Road Bonds. Series 200 I. Capitalized tcnns used in this OfficialStatement have the same meanings assigned to such terms in the Order to b~ adopted on the date of sale of the Bonds which willauthorize the issuance of the Bonds. except as otherwise indicated herein.
There follows in this Official Statement descriptions of the Bonds and certain information regarding the County and its finances.All descriptions of documents contained herein arc only summaries and arc qualified in their entirety by reference to each suchdocument. Copies of such documents may be obtained from the County's Financial Advisor. First Southwest Company.Houston. Texas.
DESCRIPTIO' OF THE COUNn'
The County was organized in 1838 and operates as specified under the Constitution of the State of Texas and statutes which providefor a Commissioners Coun consisting of the County Judge and four Commissioners. one from each of four geographicalCommissioners Precincts. The County Judge is elected for a tenn of four years and the Commissioners for four year staggered tenns.Other major County ejected officers include the County Clerk and County Treasurer. The County Auditor is appointed for a tenTI oftwo years by and serves at the will of the District Judges whose courts are located in Fort Bend County. The 1990 Censuspopulation for the County was 225.421. an increase of 72% over the 1980 population of 130.846. The University of HoustonCenter for Public Policy estimates the 2000 population to be 362.778. The County covers approximately 886 square miles. TheCity of Richmond is the County Seat.
THE BONDS
DESCRIPTIO:'li OF THE BoNDS
The Bonds are dated April I. 200 I. and mature. or are su~iect to mandatory redemption prior to maturity. on March I in each ofthe years and in the amounts shown on the inside cover page hereor. Interest will be computed on the basis of a 360-day year oftwelve 30-day months. and will be payable on March I and September I. commencing September 1.200 I. The definitive Bondswill be issued only in fully registered form in integral multiples ofSS.OOO for anyone maturity and will be initially registered anddelivered only to Cede & Co .. the nominee of The Depository Trust Company ("DTC") pursuant to the Book.Entry-Only Systemdescribed herein. No physical delivery of the Bonds will be made to the beneficial owners thereof. Principal ot: premiun:t. ifany. and interest on the Bonds will be payable by the Paying Agent/Registrar to Cede & Co .. which will make distribution of theamounts so paid to the participating members of DTe for subsequent payment to the beneficial owners of tht:: Bonds. Set::"BOOK~ENTRY·ONLY SYSTEM" herein.
AUTHORITY FOR ISSl:ANCE
The Bonds are issued pu~uant to the Constitution and general laws of the State of Tcxas. panicularly Chapter 1471. TexasGovernment Code. as amended: an election held November 7. 2000. and passed by a majority of the participating voters: and theOrder.
SECURln' AND SOURCE OF PAV:\tEr\T
All t3.'i.able property within the County is subject to a continuing direct annual ad valorem t3.'i.. \\ithout limit as to raLl: or amount.levied by the County sufficient to provide for the payment of principal of and interest on all obligations payable in whole or in panfrom ad valorem taxes. which ta.x is Without legal limit as to rate or amount.
TA.\ RATE LIMITATION
ROAD BONDS .. An unlimited tax rate is authorized for debt service b~·Article Ul.Seetion 52 of the Texas Constitution; however,total debt cannot exceed 25% of assessed valuation. The Bonds arc unlimited ta.x bonds payable from this Constitution tax.
9
OYnONALREDEMYnON
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The County reserves the right at its option. to redeem Bonds having stated maturities on and after March 1. 20 II. in whole or inpart in principal amounts of 55.000 or any integral multiple thereof. on March 1. 20 IO. or any date thereafter. at the par valuethereof plus accrued interest to the date of redemption. If less than all of the Bonds are to be redeemed. the County may selectthe maturities of Bonds to be redeemed. If less than all the Bonds of any maturity are to be redeemed. the PayingAgent/Registrar (or DTC while the Bonds arc in Book.Entry-0nly form) shall determine by lot the Bonds. or portions thereof.within such maturity to be redeemed. If a Bond (or any ponion of the principal sum thereoO shall have been called forredemption and notice of such redemption shall have been given. such Bond (or the principal amount thereof to be redeemed)shall become due and payable on such redemption date and interest thereon shall cease to accrue from and after the redemptiondate., provided funds for the payment of the redemption price and accrued interest thereon are held by the Paying AgentlRegistrar
on the redemption date.
NOTICE OF REDEMPTION
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Not less than 30 days prior to a redemption date for the Bonds. the County shall cause a notice of redemption to be sent byUnited States mail. first class. postage prepaid. to the registered owners of the Bonds to be redeemed. in whole or in part. at theaddress of the registered owner appearing on the registration books of the Paying Agent/Registrar. ANY NOTICE SO MAILEDSHALL BE CONCLUSIVELY PRESCMED TO HAVE BEEN DLL Y GIVEN. WHETHER OR "OT THE REGISTEREDOWNER RECEIVES SUCH NOTICE. NOTICE HAVING BEEN SO GIVEN. THE BONDS CALLED FOR REDEMPTIONSHALL BECOME DUE AND PAYABLE ON THE SPECIFIED REDEMPTION DATE. AND NOTWITHSTANDING THATANY BOND OR PORTION THEREOF HAS NOT BEEN SURRENDERED FOR PAYME~T. I"TEREST ON SUCH BONDOR PORTION THEREOF SHALL CEASE TO ACCRUE.
DEFEASANCE
The Order provides for the defeasance of the Bonds when the payment of the principal of and premium. if any. on the Bonds.plus interest thereon to the due date thereof (whether such due date be by reason of maturity. redemption. or otherwise). isprovided by irrevocably depositing with a paying agent. in trust (I) money sufficient to make such payment or (2) DefeasanceSecurities. certified by an independent public accounting finn of national reputation to mature as to principal and interest in suchamounts and at such times to insure the availability. without reinvestment. of sufficient money to make such payment. and allnecessary and proper fees. compensation and expenses of the paying agent for the Bonds. The Order provides that "DefeasanceSecurities" means (a) direct. noncallable obligations of the United States of America including obligations that areunconditionally guaranteed by the United States of America. (b) noncallable obligations of an agency or instrumentality of theUnited States of America. including obligations that are unconditionally guaranteed or insured by the agency or instrumentalityand that are rated as to investment quality by a nationally recognized investment rating finn not less than AAA or its equivalent.and (c) noncallable obligations of a state or an agency or a county. municipality. or other political subdivision of a state that havebeen refunded and that are rated as to investment quality by a nationally recognized investment rating finn not less than AAA orits equivalent. The County has additionally reserved the right. subject to satisfying the requirements of (1) and (2) above. tosubstitute other Defeasance Securities for the Defeasance Securities originally deposited. to reinvest the uninvested moneys ondeposit for such defeasance and to withdraw for the benefit of lhe County moneys in excess of the amount required for such
defeasance.
Upon such deposit as described above. such Bonds shall no longer be regarded to be outstanding or unpaid. Provided. however.the County has reserved the option. to be exercised at the time of the defeasance of the Bonds. to call for redemption. at an earlierdate. those Bonds which have been defeased to their maturity date. if the County: (D in the proceedings providing for the firmbanking and financial arrangements. t:xpressly reserves the right to call the Bonds for redemption: (iil gives notice of thereservation of that right to the owners of the Bonds immediately following the making of the firm banking and financialarrangements: and (iii) directs that notice of the reservation be included in any redemption notices that it authorizes.
BOOK-ENTR\,-O:"lL'I'S'·STE:\1
The Depository Trust Company CDTC"). Ne\',i York. New York. will act as securities depository for the Bonds. The Bonds willbe issued as fully-registered securities registered in the name of Cede & Co, (DTC's partnership nominee). One fully-registeredcertificate will be issued for each maturity of the Bonds in the aggregate principal amount of each such maturity and will bedeposited with DTC.
DTC is a limited-purpose trust company organized under the New York Banking Law. a "banking organization" within -themeaning of the New York Banking Law. a member of the Federal Reserve System. a "c1earing corporation" within the meaningof the New York Uniform Commercial Code. and a ··c1earing agency" registered pursuant to the provisions of Section 17A of theSecurities Exchange Act of 1934. DTC holds securities that its participants (""Direct Participants") deposit with OTC. OlC alsofacilitates the settlement among P3Iticipants of securities transactions. such as transfers and pledges. in deposited securitiesthrough electronic computerized book·entry changes in Participants' accounts, thereby eliminating the need for physicalmovement of securities certificates. Direct Participants include securities brokers and dealers. banks. trust companies. clearingcorporations. and cenain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock
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Exchange. Inc.• the American Stock Exchange. Inc.. and the National Association of Securities Dealers. Inc. Access to the DTesystem is also available to others such as securities brokers and dealers. banks. and trust companies that clear through or maintaina custodial relationship with a Direct Participant. either directly or indirectly ("'Indirect Participants"). The Rules applicable toDTe and its Participants are on tile with the Securities and Exchange Commission.
Purchases of Bonds under the DTe system must be made by or through DTe Participants. which will receive a credit for suchpurchases on oTe's records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner") is in turn to berecorded on the Direct or Indirect Participants' records. Beneficial Owners will not receive written continnation from DTe oftheir purchase. but Beneficial Owners arc expected to receive written confirmations providing details of the transaction. as wellas periodic statements of their holdings. from the Direct or Indirect Participant through which the Beneficial Owner entered intothe transaction. Transfers of ownership interest in the Bonds are to be accomplished by entries made on the books ofParticipants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing theirownership interests in the Bonds, except in the event that use of the book..entry system described herein is discontinued.
To facilitate subsequent transfers. all Bonds deposited by Direct Participants with DTC are registered in the name of DIC'spartnership nominee. Cede & Co. The deposit of Bonds with DTC and their registration in the name of Cede & Co. effect nochange in beneficial ownership. DTe has no knowledge of the actual Beneticial Owners of the Bonds: DTC's records reflectonly the identity of the Direct PartiCIpants to whose accounts such Bonds are credited. which mayor may not be [he BeneficialOwners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants. by Direct Participants to Indirect Participants,and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them. subjectto any statutory or regulatory requirements as may be in effect from time to time.
Redemption notices shall be sent to Cede & Co. If less than all of the Bonds within an issue are being redeemed. DTC's practiceis to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds. Under its usual procedures. DTC mails an OmnibusProxy to the County as soon as possible after the Record Date (hereinafter defined). The Omnibus Prox.y assigns C~de & Co.'sconsenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the Record Date (identifiedin a listing attached to the Omnibus Proxy).
Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts oneach payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that itwill not receive payment on such payable date. Payments by Participants [0 Beneficial Owners will be governed by standinginstructions and customary practices. as is the case with securities held for the accounts of customers in bearer form or registeredin "street name. ~ and will be the responsibility of such Participant and not of DTe. the Paying Agent/Registrar or the County.subject to any statut0f)" or regulatory requirements as may be in effect from time to time. Payment of principal and interest toDTe is the responsibility of the County. disbursement of such payments to Direct Participants shall be the responsibility ofDTe.and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as securities depository with respect to the Bonds at any timc by giving reasonablenotice to the County. Under such circumstances. in the event that a successor securities depository is not obtained. Bonds arerequired to be printed and delivered.
The County may decide to discontinue use of the system of book-entry transfers through DTe (or a successor securitiesdepository). In that event. Bonds will be printed and delivered .
According to DTe. the foregoing information with respect to DTC has been provided to the Industry for mformational purpost:sonly and is not intended to serve as a representation. warranty. or contract modification of any kind.
L/se ojCertam Terms in Other Sections of thiS Official Stalement. In reading this Official Statement it should be understood thatwhile the Bonds are in the Book-Entry-Only System. references in other sections of this Official Statement to registered ownersshould be read to include the person for which the Participant acquires an interest in the Bonds. but (i) all rig.hts of ownershipmust be exercised through DTC and the Book-Entry-Only System. and (ii) t:xcept as described above. notict:s that art: to be gi ..·t:nto registered owners under the Order will be given only to OTe.
Information concerning DIC and the Book-Entry System has been obtained from OTC and is not guaranteed as to accuracy orcompleteness by. and is not to be construed as a representation by the::County or the Underwriters.
PAYING AGE:\TfREGISTRAR
The initial Paying Agent/Registrar is The Chase \1anhattan Bank. In the Order. the County retains the right to replace: the PayingAgent/Registrar. Tht: County covenants to maintain and provide a Paying Agenu'R~gistrar at all times until th~ Bonds are dul)paid and any successor Paying Agent/Registrar shall bc a commercial bank or trust company organized under the laws of theUnited States or any state and duly qualitied and legally authorized to sen·t: as and perform the dUlies and services of PayingAgent/Registrar tor the Bonds. Upon any changc in tht: Paying Agent/Registrar for the Bonds. the Count) agrees to promptl)
II
cause a written notice thereof to be sent to each registered owner of the Bonds by United States mail. first class. postage prepaid.which notice shall also give the address of the new Paying Agent/Registrar.
TRANSFER. EXCHANGE AND KIGISTRA TlO:"<rl
In the event the Book-Entry-0nly System should be discontinued. the Bonds may be transferred and exchanged on theregistration books of the Paying Agent/Registrar only upon presentation and surrender to the Paying Agent/Registrar and suchtransfer or exchange shall be without expense or service charge to the registered owner, except for any tax or other governmentalcharges required to be paid with respect to such registration. exchange and transfer. Bonds may be assigned by the execution ofan assignment form on the respective Bonds or by other instrument of transfer and assignment acceptable to the PayingAgent/Registrar. New Bonds will be delivered by the Paying AgentlRegistrar, in lieu of the Bonds being transferred orexchanged, at the designated office of the Paying Agent/Registrar, or sent by United States mail. first class. postage prepaid. tothe new registered owner or his designee. To the extent possible. new Bonds issued in an exchange or transfer of Bonds will bedelivered to the registered owner or assignee of the registered owner in not more than three business days after the receipt of theBonds to be canceled. and the wrinen instrument of transfer or request for exchange duly executed by the registered owner or hisduly authorized agent. in form satisfactory to the Paying Agent/Registrar. New Bonds registered and delivered in an exchange ortransfer shall be in any integral multiple of $5.000 for anyone maturity and for a like aggregate principal amount as the Bondssurrendered for exchange or transfer. See "BOOK-ENTRy-ONLY SYSTEM" herein for a description of the system to be utilizedinitially in regard to ownership and transferability of the Bonds.
RECORD DATE fOR INTEREST PA )':\tENT
The record date ("'Record Date") for the interest payable on the Bonds on any interest payment date means the close of businesson the 15th day of the preceding month.
In the event of a non-payment of interest on a scheduled payment date. and for 30 days thereafter. a new record date for suchinterest payment ta "Special Record Date") will be established by' the Paying Agent/Registrar. if and when funds for the paymentof such interest have been received from the County. Notice of the Special Record Date and of the scheduh:d payment date ofthe past due interest ("Special Payment Date". which shall be 15 days after the Special Record Date) shall be sent at least fivebusiness days prior to the Special Record Date by United States mail. first class postage prepaid. to the address of each Holder ofa Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day nextpreceding the date of mailing of such notice,
BoNDHOLDERS' REMEDIES
-~,_:,;j~. I
The Order does not establish specific events of default with respect [0 the Bonds. Under State law there is no right to theacceleration of maturity of the Bonds upon the failure of the County to observe any covenant under the Order. Although aregistered owner of Bonds could presumably obtain a judgment against the County if a default occurred in the payment ofprincipal afar interest on any such Bonds. such judgment could not be satisfied by execution against any property of the County.Such registered owner's only practical remedy. if a default occurs. is a mandamus or mandatory injunction proceeding to compel
the County to levy. assess and collect an annual ad valorem tax sufficient to pay principal of and interest on the Bonds as itbecomes due. The enforcement of any such remedy may be difficult and time consuming and a registered owner could ,berequired to enforce such remedy on a periodic basis. The Order does not provide for the appointment of a trustee to represent theinterests of the bondholders upon any failure of the County to perfonn in accordance with the terms of the: Order. or upon anyother condition. Furthermore. the County is eligible to seek relief from its creditors under Chapler 9 of the: U.S. BankruptcyCode. Although Chapter 9 provides for the recognition of a security interest represented by a specifically pledged source ofrevenues. the pledge of taxes in support of a general obligation of a bankrupt entity is not specifically recognized as a securityinterest under Chapter 9. Chapter 9 also includes an automatic stay provision that would prohibit. without Bankruptcy Courtapproval. the prosecution of any other legal action by creditors or bondholders of an entity which has sought protection underChapter 9. Therefore. should the County avail itself of Chapter 9 protection from creditors. the ability to enforce would besubject to the approval of the Bankruptcy Court (which could require that the action be heard in Bankruptcy Court instead ofother federal or state court): and the Bankruptcy Code provides for broad discretionary powers of a Bankruptcy Court inadministering any proceeding brought before it. The opinion of Bond Counsel will note that all opinions relative to theenforceability of the Order and the Bonds are qualified with respect to the customary rights of debtors relative to their creditors.
USE OF BO:\D PROCEEDS ,
LProceeds from the sale of the Bonds are expected to be expended as follows:
Construction and ContingencyOriginal Issue DiscountInsuranceCosts of Issuance
Total
$ 28.793.455,7025.306.0064.238.30
117.000,00$ 29.000.000.00
12
,.. j
i
i
MUNICIPAL BOND INSURANCE
,j
Concurrently with the issuance of the Bonds. Financiai Guaranty Insurance Company ("'Financial Guaranty"") will issue itsMunicipal Bond ~ew Issue Insurance Policy for the Bonds (the "Policy"). The Policy unconditionally guarantees the payment ofthat portion of the principal of and interest: on the Bonds which has become due for payment but shall be unpaid by reason ofnonpayment by the issuer of the Bonds (the .olssuer"). Financial Guaranty will make such payments to State Street Bank. andTrust Company. N.A.. or its successor as its agent (the "Fiscal Agenf"), on the later of the date on which such principal andinterest is due or on the business day next following the day on which Financial Guaranty shall have received telephonic ortelegraphic notice. SUbsequently continned in writing. or written notice by registered or certified mail. from an owner of Bondsor the Paying Agent of the nonpayment of such amount by the Issuer. The Fiscal Agent will disburse such amount due on anyBond to its owner upon receipt by the Fiscal Agent of evidence satisfactory to the Fiscal Agent of the owner's right to receivepayment of the principal and interest due for payment and evidence. including any appropriate instruments of assignment. that allof such owner's rights to payment of such principal and interest shall be vested in Financial Guaranty. The term "nonpayment" inrespect of a Bond includes any payment of principal or interest made to an owner of a Bond which has been recovered from suchowner pursuant to the United States Bankruptcy Code by a trustee.in bankruptc)' in accordance with a final. nonappealable order
of a court having competent jurisdiction.
The Policy is non~cancellable and the premium will be fully paid at the time of delivery of the Bonds. The Policy covers failureto pay principal of the Bonds on their respective stated maturity dates or dates on which the same shall have been duly called formandatory sinking fund redemption. and not on any other date on which the Bonds may have been otherwise called forredemption. accelerated or advanced in maturity. and covers the failure to pay an installment of interest on the stated date for its
payment.
This Official Statement contains a section regarding the ratings assigned to the Bonds and reference should be made to suchsection for a discussion of such ratings and the basis for their assignment to the Bonds. Reference should be made to thedescription of the Issuer for a discussion of the ratings. if any. assigned to such entilY's outstanding parity debt that is not secured
by credit enhancement.
The Policy is not covered by the Property/Casualty Insurance Security Fund specified in Aniclc 76 of the New York Insurance
Law.
Financial Guaranty is a wholly-owned subsidiary of FGIC Corporation (the: "Corporation"). a Delaware holding company. TheCorporation is a subsidiary' of General Electric Capital Corporation ('"GE Capital"). Nc:ither the: Corporation nor GE Capital isobligated to pay the debts of or the claims against Financial Guaranty, FlOancial Guaranty is a mono line financial guarantyinsurer domiciled in the State of New York and subject to regulation b~ the State of New York Insurance Department. As ofDecember 31. 2000. the total capital and surplus of Financial Guaranty \\.1:- arrro.\lmatcl~ S 1.089 billion. Financial Guarantyprepares financial statements on the basis of both statutory accounting pnnelrh.:~ and generally accepted accounting principles,Copies of such financial statements may be obtained by writing to FinanCial Guaranl~ al 115 Broad\vay. New York. New York10006. Attention: Communications Department (telephone number: ~1~-:H~-3000) or to tht: New York State InsuranceDepartment at 25 Beaver Street. New York. New York 10004-2319. Attenllon FlOanclal Condition Property/Casualty Bureau(telephone number: 212-480-5187).
TAX INFORMATlO:\
AD VAI.ORE:vl TAX LA\\'" .. The appraisal ofpropcny within the County is the responsibility of the Fort Bend County AppraisalDistrict (the "Appraisal DistricC). Excluding agricultural and open·space land. which ma~ be 'taxed on the basis of productivecapacity. the Appraisal District is required under the Property Ta" Codt: (0 appraise all propel1Y \\oithin the Appraisal District on thebasis of 100% of its market value and is prohibited from applying any assessment ratios. In determining market value of property.different methods of appraisal may be used including the cost method of appraisal. the income method of appraisal and market datacomparison method of appraisal. and the method considered most appropriate by the chief appraiser is to be used. State law further limitsthe appraised value of a residence homestead for a tax year to an amount not to exceed the lesser of ( 1) the market value of the property. or(2) the sum of (a) tOOl. of the appraised value of the property for the last year in which the property was appraised tor taxation times thenumber of years since the property was last appraised. plus (b) the appraised value of the property tor the last year in which the propert)'was appraised plus (c) the market value of all new improvements to the property. The value placed upon property within the AppraisalDistrict is subject to review by an Appraisal Review Board. consisting of three members appointed by the Board of Directors of theAppraisal District The Appraisal District is required to review the value of property within the .-\ppraisal District at least every threeyears. The County may require annual review at its own expense. and is entitled to challenge the determination of appraised value ofproperty within the County by petition filed with the Appraisal Review Board.
Reference is made to the Texas Property Tax Code. for identification of property subject to ta."ation: property exempt or which maybe exempted from taxation. if claimed: the appraisal of property for ad valorem taxation purposes: and the procedures and limitationsapplicable to the levy and collection of ad valorem ta ...es.
Article VIII of the State CDnstitution (""Article Vllr·) and State law provide for certain exemptions from property ta ...es. the valuatIonof agricultural and open-space lands at productivity value. and the exemption of certain personal property from ad valorem taxation.
13
Under Section }.b. Anicle VIII. and State law. the governing body of a political subdi\"ision. at its option. may grant: (I) Anexemption of not less than S3.000 of the market value of the residence homestead of persons 65 years of age or older and the disabledfrom all ad valorem laXes thereafter levied by the political subdivision and (2) an exemption of up to 20% of the market value ofresidence homesteads. The minimum exemption under this provision is $5.000.
In the case of residence homestead exemptions granted under Section I·b. Article Vllt ad valorem taxes may continue to belevied against the value of homesteads exempted where ad valorem taxes have previously been pledged for the payment of debt ifcessation of the levy would impair the obligation of the contract by which the debt was created,
State law and Section 2. Article VIII. mandate an additional property tax exemption for disabled veterans or the surviving spouse orchildren of a deceased veteran who died while on active duty in the armed forces. The exemption applies to either reai or personalproperty with the amount of assessed valuation exempted ranging from S5.0OO to a maximum of$12,ooo.
Article VIII provides that eligible owners of both agricultural land (Section l--d) and open·space land (Section 1-<1-1). includingopen-space land devoted to farm or ranch purposes or open·space land devoted 10 timber production. may elect to have such propertyappraised for property taxation on the basis of its productive capacity. The same land may not be qualified under both Section 1-<1 and1-<i-1.
Nonbusiness personal property. such as automobiles or light trucks ..are exempt from ad valorem taxation unless,the governing bod)of a political subdivision elects to tax this property. Boats owned as nonbusiness property are exempt from ad valorem taxation.
Article VIII. Section 1.j. provides for "freeport property" to be exempted from ad valorem taxation. Freeport property is defined asgoods detained in Texas for 175 days or less for the purpose of assembly, storage. manufacturing. processing or fabrication.Decisions to continue to tax may be reversed in the future. Decisions to exempt freeport property are not subject to reversal.
The County and the other taxing bodies within its territory may agree to jointly create tax increment financing lanes. under \....hich thetaX. values on property in the zone are "frozen" at the value of the property at the time of creation of the lone. The County also mayenter into tax abatement agreements to encourage economic development. Under the agreements. a property owner agrees toconstruct certain improvements on its property. The County in turn agrees not to levy a tax on all or pan of the increased valueattributable to the improvements until the expiration of the agreement. The abatement agreement could last for a period of up to 10years,
EFFECflVE TAX RATE AND ROLLBACK TAX RATE
Before the later of September 30 or the 60111 day after the certified appraisal roll is received by the County. the CommissionersCourt must adopt a tax rate per $100 taxable value for the current year. The tax rate consists of two components: (1) a rate forfunding of maintenance and operation expenditures. and (2) a rate for debt service.
Under the Property Tax Code. the County must annually calculate and publicize its "effective tax rate'· and "rollback tax rate",The Commissioners Court may not adopt a tax rate that exceeds the lower of the rollback tax rate or 103% of the effective taxrate until it has held a public hearing on the proposed increase following notice [0 the taxpayers and otherwise complied with theProperty Tax Code. If the adopted tax rate exceeds the rollback ta." rate the qualified voters of the County by petition rria~require that an election be held to determine whether or nOl to reduce the la\ rate adopted for the current year to the rollback taxrate.
"Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total ta"able values(adjusted). "Adjusted" means lost values are not included in the calculation of last year's taxes and new values arc not includedin this year's taxable values.
"Rollback ta" rate" means the rate that will produce last year's maintenance and operation tax levy (adjusted) from this year'svalues (adjusted) multiplied by 1.08 plus a rate that will produce this :'ear'5 debt service from this year's values (unadjusted)divided by the anticipated tax collection rate.
The Property Tax Code provides that certain cities and counties in the State may submil a proposition to the volers to authorizean additional one-half cent sales tax on retail sales of taxable items. If the additional tax is levied, the effective tax rate and therollback laX rate calculations are required to be offset by the revenue that will be:generated by the sales tax in the current year.
Reference is made to the Property Tax Code for detinitive requirements for the levy and collection of ad valorem taxes and thecalculation of the various defined ta" rates.
PROPERTI' ASSESSMENT AND TAX PA YME:"lT
Property within the County is generally assessed as of Janua0 I of each year. Business inventory may. at the option of thetaxpayer. be assessed as of September I. Oil and gas reserves are assessed on the basis of a valuation process which uses anaverage of the daily price of oil and gas for the prior year. Taxes become due October 1 of the same year. and become delinquent
14
".~..,'~~::~:::':F
"I
~"l{:
on February I of the following year. Taxpayers 65 years old or older are pennitted by State law to pay taxes on homesteads infour installments with the first due on February I of each year and the final installment due on August I.
PENALTIES AND INTEREST
Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows:
Cumulative Cumulative
Month Penalty Interest Total
February 6% 1% 7%
March 7 2 9April 8 3 II
May 9 4 13June 10 5 15
July 12 6 18
After July. penalty remains at 12%. and interest increases at the rate of 1% .:ach month. In addition. if an account is delinquentin July. a 15% attorney's collection fee is added to the total tax penally and interest charge. Under cenain circumstances. taxeswhich become delinquent on the homestead of a taxpayer 65 years old or older incur a penalty of 8% per annum with noadditional penalties or interest assessed. In general, property subject to- the County's lien may be sold. in whole or in parcels.pursuant to court order to collect the amounts due. Federal law does not allow for the collection of penalty and· interest againstan estate in bankruptcy. Federal bankruptcy law provides that an automatic stay of action by creditors and other entities.including governmental units. goes into effect with the filing of any petition in bankruptcy. The automatic stay preventsgovernmental units from foreclosing on property and prevents liens for post-petition taxes from attaching to property andobtaining secured creditor status unless. in either case. an order lifting the stay is obtained from the bankruptcy court. In manycases post-petition taxes are paid as an administrative expense of the estate in bankruptcy or by order of the bankruptcy court.
COUNTY ApPLICATION Of TAX CODE
The County grants a maximum exemption to the market value of the residence homestead of persons over 65 years of age ordisabled of $100.000. The County has granted an additional exemption of 20% of the market value of residence homesteads.The County does not tax nonbusiness personal property: and the County collects its own taxes. The County does not pennit splitpayments. and discounts are not allowed. The County docs tax freeport property. The County has adopted a tax abatementpolicy.
TAX ABATEMENT POLlC\'
The County has established a tax abatement program to encourage economic development. In order to be considered tor taxabatement. a project must meet several criteria pertaining to job creation and property value enhancement. The value of propertysubject to abatement is shown in Table I.
TAX INCREMENT FI~ANCI:'oiG
The County may establish tax increment reinvestment zones C·TIRZ") within a defined area of the County. The cost of certainimprovements in a TIRZ may be repaid by a contribution of future tax revenues by the County. The County can elect to dedicateall. a portion of. or none of the tax revenue that is attributable to the increase in property values due to the improvements withinthe TIRZ. Tax increment financing is governed by Chapter 311. Texas Ta\ Code.
15
TABLE 1 - VALUATION, ExEMPTIONS AND GENERAL OBLIGATION DEBT
2000 Market Valuation Established by Fort Bend County Appraisal District(excluding totally exempt property)
Less ExemptionsIReduetions at 100"/0 Market Value:Residential Homestead ExemptionsOver 65 andlor Disabled Homestead ExemptionsDisabled and Deceased Veteran's ExemptionsDisabled PersonsAbatementsProductivity LossPollutionHouse Bill 366HistoricalHomestead Cap
-i_.
2000 Taxable Assessed Valuation
County Funded Debt Payable Irom Ad Valorem Taxes (as of 12-31-00)Permanent Improvement BondsPermanent Improvement Refunding BondsCertificates of ObligationFort Bend Flood Control Water Supply Corp. Revenue BondsThe Bonds
$ 19.475.387.332
$ 1.847,557.2 I7665.262.366
7.996.1 5064.428.600
229,543.590813.490.030
4.889.940194.980
3.840.637105.306.880 3.742.510.390
$ 15.732.876.942
$ 8.070.00030.245.000
585.00017.810.00029.000.000
rL
County Funded Debt Payable from Ad Valorem Taxes
Ratio Tax Supported Gross Debt to Taxable Assessed Valuation
Total Appraised Value Before Exemptions $ 19.415.387.332 100.00% $ 17.230.147.227 100:00% S 15.714.478.906 100.00%
Less: Total Exemptions/Reductions 3.742.510.390 3.206.795.934 2.883.592.280
Taxable Assessed Value S 15.732.876.942 S 14.023.351.293 S 12.830.886.626
CategoryReal. Residential. Single-FamilyReal. Residential. Multi·FamilyReal. Vacant LotsfTraetsReal. Acreage (Land Only)Real. Farm and Ranch ImprovementsReal. Commercial and IndustrialReal. OiL Gas and Other Mineral ReservesReal and Tangible Personal. UtilitiesTangible Personal. Commercial and IndustrialTangible Personal. OtherReal. InventoryNew Exempt Property Supp. #7Total Appraised Value Before ExemptionsLess: Total Exemptions/ReductionsTaxable Assessed Value
AmountS 8.334.831.962
182.993.245390.092.040993.486.030119.876.870
1.516.865.815200.909.530
L309. I77.9841.504.525.699
25.998.040
20 LS06.180
S 14.780.263.3952.699.723.904
$ 12.080.539.491
1997Tax Year
1996
%of %ofTotal Amount Total56.39% S 7.709.106.726 56.31%
1.24% 157.906.765 1.15%2.64% 402.747.590 2.94%
6.71% 1.020.574.330 7.45%
0.81% 110.707.390 0.81%
10.26% 1.317.565.010 9.62%
1.36% 130.797.650 0.96%
8.86% L313.790.980 9.60%
10.18% 1.304.647.605 9.53%0.18% 22.095.850 0.16%
1.36% 201.356.140 1.47%
0.00% 0.00%
100.00% S 13.691.296.036 100.00%2.458.151.077
S 11.233.1-1-1.959
NOTE: Valuations shown are certified taxable assessed values reponed by th, Fort Bend C,nlral Appraisal District to the SLaLeController ofPublic Accounts. C,rtified values are subject to change throughout the year as contested values are resolved and the Appraisal District updatesrecords.
17
TABLE 3 • VALUATIONANDGENERAL OBLIGATION DEBT HISTORY
Valuation(l)Ending 12131 Population Per Capita at End of Year Valuation Per Capita Year.- 1996 302,017 (2) S 10,552,653.695 S 34,941 S 66,575,000 0,63% S 220 1995
(1) As reported by the Fort Bend Central Appraisal District: subject to change during the ensuing year.(2) Source: The Texas State Data Center on July I of each year.(3) Source: The Texas State Data Center on January 1.(4) Source: The University of Houston Center for Public Policy.(5) 2001 population not available.(6) Includes the Bonds.
TABLE 4 - TAX RATE. LEVY AND COLLECTION HISTORY
Fiscal Year Tax Current Total Tax
Endin. 12/3 1 Rate Tax Levv Collections(i) Collections(l) Year
Reliant Energy HL&PK.ty Mills Ltd PartnershipTexas Instruments Inc.Fluor Daniel. Inc.Phillips Petroleum Co.Sugar Land Telephone Co.FP Centre LTOSTC Manufacturing GroupBergen Brunswig Drug ComAquipon Sugar Creek Inc.
S 711.301.070139.177.340111.805A5089.258.26067.584.90069.578.35053.457.20052. i20.29048.170.39047.355.200
S 1.390.408.450
GENERAl-OBLIGATION OEBTTA.'< RATE LIMITATION
Anicle VIII. Section 9. of the Texas Constitution. imposes a limit of SO.80 per $100 Assessed Valuation tor all constitutionalpurposes. including the General Fund, Pennanent Improvement fund. Road and Bridge Fund and Jury Fund. and debt service ofbonds. certificates. warrants and certificates of Obligation issued against such funds. Administratively. the Attorney General of theState of Texas will pennit allocation ofS0.40 of the SO.80 constitutional tax rate for Limited Tax Bond debt service.
ROAD BONDS ... An unlimited tax rate is authorized for debt service by Article Ill. Section 52 of the Texas Constitution: however.total debt cannot exceed 25% of assessed valuation. The Bonds are unlimited tax bonds payable from this Constitution tax.
Average Principal and Interest Requirements (2001-20 II )(1) ...................•.
$0.05640 Tax Rate at 96% Collection Produces .
Average Principal and Interest Requirements (2012-2021)( II..
$0.01850 Tax Rate at %% Collection Produces .
Maximum Principal and Interest Requin:ments (2002)(1) ..
$0.05940 Tax Rate at 96% Collection Produces
(I) Includes lhe Bonds.
19
TABLE 8 - EsTIMATED CONSOLIDATED OVERLAPPING DEBT
Expenditures of the various taxing entities within the territory of the County are paid out of ad valorem taxes levied by suchentities on propenies within the County. Such entities are independent of the County and may incur borrowings to finance theirexpenditures. This slalement of direct and estimated overlapping ad valorem laX bonds ("Tax Debt") was developed frominformation contained in '"Texas Municipal Reports" published by the Municipal Advisory Council of Texas. Except for theamounts relating to the County. the County has not independently verified the accuracy or completeness of such information, andno person should rely upon such information as being accurate or complete. Furthennore. certain of the entities listed may haveissued additional bonds since the date hereof. and such entities may have programs requiring the issuance of substantial amountsof additional bonds. the amount of which cannot be determined. The following table reflects the estimated share of overlappingTax Debt of the County.
."
Tax Year2000 Taxable
Assessed ValueS 15.732.876.942
~...• ~.~,--,.,:!1'~
Fort Bend CountyCitiesArcolaBeasleyKendletonMeadows PlaceNeedvilleRichmondRosenbergSugar LandCounty-Line CitiesHoustonKatyMissouri CityStafford
Total CitiesSchool DistrictsFort Bend ISDKendleton ISOLamar Consolidated ISDNeedville ISD
County. Line School DistrictsKaty ISDStatford MSDBrazos ISD
Total School Districts
Special Districts and County Line DistrictsTotal Special District Debt
$ 56.710.000 $ 17.092.958 S 73.802.955 S 29.000.000 S \8.583.929 S 47.583.929 S 121.386.887
(I) "Outstanding Debt" docs not include lease/purchase obligations. Includes obligations of the Fort Bend Flood Control Water SupplyCorporation.
(2) Average life of the issue-13.I!l years.
TABLE 10 Ij\TEREST AND SINKING FUi\D BUDGET PROJEcrlm~
Tax Supported Debt Service Requirements. Fiscal Year Ending December 31. 200 IInterest and Sinking Fund. December 31. 2000Budgeted Interest and Sinking Fund Ta.'\ CollectionsProjected InterestOther Projected Revenue
Estimated Balance. December 3 1. 2001
$ 8.256.987
S 1.343.1357.389.566
238.00055.660 9.026.361
$ 769.373
AUTHORIZED Bl:T UNISSUED BoNDS
PurposeDate
Authorized111712000 s
AmountAuthorized
.S 86.000.000
IssuedTo Date
This UnissuedIssu~ Balance
$ 29.000.000 ," $ 57.000.000Roads
(ll This issue represents the first issue from the November"';.2000 election.
Ai'iTICIPATED ISSUANCE OF GENERAL OBLIGATION DEBT
The County does not anticipate the issuance of additional general obligation debt within the next twelve months. However.various entities related to and supported in varying levels by the County. including the Fort Bend Flood Control Water SupplyCorporation and the Fort Bend County Toll Road Authority may issue additional bonds in the next several months. See belowfor a discussion regarding these entities.
2\
FORT BEND FLOOD CONTROL WATER SUPPL V CORPORATION
The Fort Bend Flood Control Water Supply Corporation (the "Corporation") was created and organized by Fort Bend County.Texas in April. 1989 under the provisions of Article 1434a. Vernon's Texas Civil Swutcs. as amended. and operates pursuant toChapter 67. Texas Water Code. The Corporation was organized to constnlct a major flood improvement project in the eastemportion of the County. The Corporation is a duly constituted authority of the County. not a political subdivision. authorized byChapter 67. Texas Water Code to finance drainage improvements by issuing tax-exempt revenue bonds on behalf of the County. TheCorporation is governed by a Board of Directors consisting of five members. all of whom arc appointed by the County. All majordecisions and actions approved by the Board of Directors for the Corporation must be approved and ratified by the CommissionersCourt of the County. including the issuance of bonds.
The Corporation entered into an agreement with the County and the Fan Bend County Drainage District (the "District'") relatingto financing the construction of various flood control projects in the County. The outstanding debt of the Corporation is payablefrom impact fees assessed by the District against property as it is platted for development and County ad valorem taxes levied.within the limits prescribed by law. in an amount sufficient, together with available funds and impact fees. to pay the debt serviceon the Corporation's Bonds. The Corporation has passed a resolution seeking consent of the Commissioners Court for theissuance of$11.500.000 in bonds. The Commissioners Court has not taken action as of yet concerning the issuance of bonds.
FORT BEl"D COVNTY TOLL ROAD Al:TI-lORln:
1'~f"~~~i~~'lfd'i~~
The Fort Bend County Toll Road Authority (the "Authority·') was created and organized by the County on January 28. 1997.under the provisions of Chapter 431. Texas Transportation Code:. as amended. The Authority plans to construct operate andmaintain toll roads within the County. The Authority is governed by a Board of Directors consisting of five members. appointedby Commissioners Court.
On November 7.2000 voters approved $140.000.000 in bond authorization for the Authority. The bonds will be used for twotoll road projects within the County. In the November election. the voters also authorized the County to levy taxes in support oftoll roads to the extent such toll roads do not produce sufficient revenues to support their operations and debt services. No tollroads have been built to date. and no debt has been issued to date. No issuance of bonds payable from toll road revenues isanticipated within the next twelve months.
TABLE 12· OTHER OBLIGATIONS
The County has the following requirements on various lease purchase agreements.
Vear Ended12/31 Principal Interest
Total
Reguirements$ 41.8872001 $ 39.625 $ 2.262
~~~'9I
PENSION FUND. . The County provides pension. disability and death benefits for all of its full-time employees through anontraditionaL joint contributory. defined contribution plan in the state-wide Texas County and District Retirement System(TCDRS). Under the state la","governing TCDRS. the contribution rate of the County is a fixed percent equal to the contributionrate payable by the employee member. which is 7.0% as adopted by the governing body of the County. This rate is not aCluariallydetennined and is one of the rates that can be adopted in accordance with the TCDRS Act. However. the plan of benefits adoptedby the employer at the time of plan inception and when bene:fit increases are adopted is limited by statute to what the actuarydetermines can be adequately financed by the commitment of the tmployer to contribute the same amount as the employee. Thestatute specifies that the actuary's determination is based on a maximum period for amortizing. the unfunded pension benefitobligation of 30 years. (For more detailed information concerning the: retirement plan. see ··APPENDIX C - EXCERPTSFROMTHECOUNTY'S ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDING DECEMBER 31. 1999"· Note # 7.)
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~..FINANCIAL INFORMATION
TABLE 13 • GENERAL FVND REVENUES AND EXPENDITURE HISTORY
Unaudited12 Months Fiscal Year Ended December 31
Revenues: EndinS! 12/31/00 1999 1998 1997 1996 1995Taxes S 69.481.627 $ 61.461.211 S 56.315.824 S 53.630.799 S 48.990.045 $ 47.124.885Fees and Fines 8.019.729 7.711.496 7.305.538 6,309.347 5.643.222 5.115.437Intergovernmental 5.113.311 7.621.034 '" 1.892.335 1.091.044 1.049.951 1.l38.114Interest 3.790.447 2.974.626 2.620.278 2.157.033 2.209.694 1.424.278Miscellaneous 2.347.2% 2.651.441 2.930.142 2.941.768 1.452.286 1.120.108
Total Revenues $ 88.752.410 $ 82.419.808 $ 71.064.117 S 66.129.991 S 59.345.198 S 55.922.822
Revenues Over (Under) Expenditures 6.702.913 8.461.342 2.618.018 5.783.276 2.181.104 5.333.045
Transfer In (Out) (6.381.295) (909.0811 (761.285) ( 1.265.656) (2.906.502) 11.322.619)Beginning Fund Balance. January I 26.234.230 18.681.969 16.825.236 '~l 11.411.012 12.136.-110 8.125.984Ending Fund Balance on December 31 $ 26.555.848 $ 26.234.230 $ 18.681.969 S 15.928.632 S 11.-111.012 $ 12.136.410
(I) Increase due to tobacco settJement proceeds and funds from housing federal prisoners.(2) Beginning fund balance changed by S896.604 due to market value adjustments in connection with implementation of GASB Statement 31
Accounting and Financial Reponing: for Certain Investments and for External Investment Pools.
.,
,....,
,-
TABLE 14 - SPEClAL REVENUE FUNDS STATEMENT OF REVENUES AND EXPENDITURES AND CHAJ\GES IN FUND BALAJ\CE
(ROAD AND BRIDGE AND OTHER)
Revenues:TaxesFees and FinesIntergovernmentalInterestMiscellaneous
Total Revenues
Unaudited
12 MonthsEnding 12/31100 1999
Fiscal Year Ended December 311998 1997 1996
S 12.015.7964.206.9288.722.4581.240.3071.993.120
$ 12.909.4525.302.8168.327.923
991.9992.037.029
S 12.890.3274.761.375
7.915.0231,075.3071.114.966
$ 11.334.6204.570.371
6.894.229909.492
1.715.602$ 28.178.609 $ 29.569.219 S 27.756.998 S 25.424.314
Expenditures:Current Operating:
General AdministrationFinancial AdministrationAdministration of JusticeRoad & BridgeHealth & Welfare
Basis or Accounting . The accounting policies of the County conform to generally accepted accounting principles forgovernmental entities as promulgated by the Government Accounting Standards Board. The accounting and 'financial reportingtreatment applied to a fund is detennined by its measurement focus. All governmental funds and expendable trust funds arcaccounted for using a current financial resources measurement focus. With this measurement focus. only current assets andcurrent liabilities generally are included on the combined balance sheet Operating statements of these funds present increases(revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets.
All proprietary funds are accounted for on a fio\\-' of economic resources measurement focus. With this measurement focus. allasscts and all liabilities associated with the operation of these funds are included on the combined balance sheet. Fund equity issegregated into contributed capital and retained earnings components. Proprietary fund-type operating statements presentincreases (revenues) and decreases (expenses) in net total assets.
The accounts of the Governmental Fund Types (the General Fund. Special Revenue Funds, Debt Service Funds and CapitalProjects Funds) and Agency Funds are maintained. and the financial statements have been prepared. on the modi tied accrualbasis of accounting. Under this basis of accounting. revenues are recognized when they become susceptible to accrual (i.e .. bothmeasurable and available). Available means collectible within the current year or soon enough thereafter to be used to payliabilities of the current year. Substantially all revenues. except propeny ta\:t:S. are considered to be susceptible: to accrual.Property ta'C:es.which are levied in the last quarter of the year and collected before year-end. are considered deterred revenuesbecause such revenues an: not legally available to pay liabilities in the current year. Expenditures are generally recognized under
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the modified accrual basis of accounting when the related fund liability is incurred. Principal and interest on the general long-term debt are recognized as expenditures when due.
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Genergl Fund ... The General Fund is used to account for all revenues and expenditures not accounted tor in other funds.relating to general operations.
Special Revenue Fund ... The Special Revenue Fund is used to account for proceeds of specific revenue sources (other thancapital projects) which are legally restricted to expenditures for specified purposes.
Debt Service Fund Balance ... Used to account for payment of principal and interest on general long-term debt
Budge/ar.: Procedures .. The County Budget Officer prepares the proposed budget using re\o'cnue estimates furnished by theCounty Auditor. A public hearing is held on the budget before finalizing it The Commissioners Court may increase or decreasethe amounts requested by the departments. In the final budget which is usually adopted in the last quarter of the year.appropriations of the budgeted funds cannot exceed the available fund balances in such funds on January I. plus the estimatedrevenues for the ensuing year. During the year. the Commissioners Court may increase budgeted revenues and expenditures torunexpected revenues or beginning fund balances in excess of bud gel estimates. provided it rules that a state of emergency exists.The level of budgetary control is at the m~ior operating group level. There are four m~ior operating groups:
Salary and Personnel CostsOperating and Training Costs
Information Technology CostsCapital Acquisition Costs.
The underlying budget is maintained at the line item level. but departments are able to transfer amounts within each m~jor groupwithout court approval. Transfers between major groups require court approval. Transfers among individual expenditure lineItems within major categories may be made during the year. but no such transfer may increase the overall total of the budgetwithout the declaration of an emergency. It is the amended budget that is presented in the financial statements on the budgetarybasis. Except for transfers among budgeted line items and the amendment to the indigent health care budget. there were no othersignificant increases in the adopted budget. ....~
INVESTMENTS
The County invests its investable funds in investments authorized by Texas law in accordance with investment policies approvedby the Commissioners Court of the County. Both state law and the County's investment policies are subject to change.
LEGAL INVESTMENTS
Under Texas law. the County is authorized to invest in (I) obligations of the United States or its agencies and instrumentalities.(2) direct obligations of the State of Texas or its agencies and instrumentalities. (3) collateralized mortgage obligations directlyissued by a federal agency or instrumentality of the United States. the underlying security for which is guaranteed by an agencyor instrumentality of the United States. (4) other obligations. the principal of and interest on which are unconditionallyguaranteed or insured by. or backed by the full faith and credit of. the State of Texas or the United States or their respectiveagencies and instrumentalities. (5) obligations of states. agencies. counties. cities. and other political subdivisions of any staterated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent. (6) certificate;sof deposit that are guaranteed or insured by the Federal Deposit Insurance Corporation or are secured as to principal byobligations described in the preceding clauses or in any other manner and amount provided by law for County deposits. (7)certificates of deposit and share certificates issued by a state or federal credit union domiciled in the State of Texas that areguaranteed or insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. or aresecured as to principal by obligations described in the clauses (1) through (5) or in any other manner and amount provided bylaw for County deposits. (8) fully collateralized repurchase ag.reements that have a defined termination date. are fully secured byobligations described in clause (I). and are placed through a primary government securities dealer or a financial institution doingbusiness in the State of Texas. (9) bankers' acceptances with the remaining term of 270 days or Jess. if the shorr.tcrm obligationsof the accepting bank or its parent are rated at least A·I or P-I or the ~quivalent by at least one nationally recognized credit ratingagency. (to) commercial paper with maturities that are 270 days or less that is rated at least A-lor P_I or the equivalent by either(a) two nationally recognized credit rating agencies or (b) onc nationally recognize;d credit rating agency if the paper is fullysecured by an irrevocable letter of credit issued by a U.S. or state bank. (II) no-load money market mutual funds regulated by theSecurities and Exchange Commission that have a dollar weighted average portfolio maturity of 90 days or less and include intheir investment objectives the maintenance of a stable net asset value of $1 tor each share. (12) no-load mutual funds registeredwith the Securities and Exchange Commission that have an average weighted maturity of less than two years: invests exclusivelyin obligations described in the preceding clauses: and are continuously rated as to investment quality by at least one nationallyrecognized investment rating firm of not less than AAA or its equivalent. (13) bonds issued. assumed. or guaranteed by the Stateof Israel. and (14) guaranteed investment contrilcts secured by obligations of the United States of America or its agencies andinstrumentalities. other than the prohibited obligations described in the; next succeeding paragraph.
The County may invest in such obligations directly or through government investment pools that invest solely in such obligationsprovided that the pools are rated no lower than AAA or AAA-m or an equivalent by at least one nationally recognized ratingservice. The County is specifically prohibited from investing in: (1) obligations whos~ payment represents the coupon payments
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on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal: (2) obligationswhose payment represents the principal stream of cash flow from the underlying mortgage-backed security and bears no interest:(3) collateralized mortgage obligations that have a stated final maturity of greater than 10 years: and (4) collateralized mortgageobligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index.
INVESTMENTPoLICIES
•Under Texas law. the County is required to invest its funds under written investment policies that primarily emphasize safety ofprincipal and liquidity: that address investment diversification. yield. maturity. and the quality and capability of investmentmanagement: and that includes a list of authorized investments for County funds. maximum allowable stated maturity of anyindividual investment and the maximum average dollar·weighted maturity allowed for pooled fund groups. All County fundsmust be invested consistent with a fonnally adopted "Investment Strategy Statement'" that specifically addresses each funds'investment Each Investment Strategy Statement will describe its o~iectives concerning: (1) suitability of investment type. (2)preservation and safety of principal. (3) liquidity, (4) marketability of cach investmenL (5) diversification of the portlolio. and (6)yield,
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Under Texas law. County investments must be made "with judgment and care. under prevailing circumstances. that a person ofprudence. discretion. and intelligence would exercise in the management of the person· s own affairs. not for speculation. but forinvestment considering the probable safety of capilal and the probable income to be derived:' At least quarterly the investmentofficers of the County shall submit an investment report detailing: (I) the investment position of the County, (2) that allinvestment officers jointly prepared and signed the report. (3) the beginning market value. any additions and changes to marketvalue and the ending value of each pooled fund group. (4) the book value and market value of each separately listed asset at thebeginning and end of the reporting period. (5) the maturity date of each separately invested asset. (6) the account or fund orpooled fund group for which each individual investment was acquired. and (7) the compliance of the investment portfolio as itrelates to: (a) adopted investment strategy statements and (b) state law. No person may invest County funds without expresswritten authority from the Commissioners Court. .
ADDITIONAL PROVISIO~S
Under Texas law the Count)' is additionally required to: (I) annually review its adopted policies and strategies: (2) require anyinvestment officers' with personal business relationships or relatives with firms seeking to sell securities to the entity to disclosethe relationship and file a statement with the Texas Ethics Commission and the Commissioners Court: (3) require the registeredprincipal of firms seeking to sell securities to the County to: (a) receive and review the County's investment policy. (b)acknowledge that reasonable controls and procedures have been implemented to preclude imprudent investment activities. and(c) deliver a written statement attesting to these requirements: (4) perform an annual audit of the management controls oninvestments and adherence to the County's investment policy: (S) provide specific investment training for the Treasurer. ChiefFinancial Officer and investment officers: (6) restrict reverse repurchase agreements to not more than 90 days and restrict theinvestment ofrcverse repurchase agreement funds to no greater than the term of the reverse repurchase agreement: (7) restrict theinvestment in mutual funds in the aggregate to no more than 80% of the County's monthly average fund balance. excluding bondproceeds and reserves and other funds held for debt service. and further restrict the investment in non-money market mutualfunds of any portion of bond proceeds. reserves and funds held for debt service and to no more than IS% of the entity·s monthlyaverage fund balance. excluding bond proceeds and reserves and other funds held for debt service: and (8) require localgovernment investment pools to contorm to thc new disclosure. rating. net asset value. yield calculation. and advisory boardrequirements.
TABLE 15 - CURRENTINVESnfE~TS
As of December 31. 2000. the County·s investable funds were invested in the following categories:
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PercentDescription ofTotal Cany'ing Value Mark.et Value
(I) On January 16.2001. the LocalGovernment InvestmentCooperative("LOGIC'). a Texas localgovemment investmentpool. announced thai itwas setting'aside 0.009008919 (0.9008919%) of each participant's share of the pool in a special LOGICaccount that was unavailable to theparticipantsdue [0 a possibledefault by Pacific Gas & Electric("PG&E")on $20 millionof PG&Ecommercial,papermaturing March 12.200I.On January 15.2001. the County had a participationof$69.259.013.21 in LOOIC: the County estimates that $623.948.84 (0.9008919%) hasbeen includedin the set aside amount. The commercialpaper maturingon March 12.2001 was not paid and as of March 15. 200I. remains indefault.This amountrepresents0.74% of the County's portfolioand. accordingto theCounty.presentsno immediateliquidityconcerns.
Ms. KathyHynson.FortBendCountyTreasurer. is a boardmemberof LOGIC.
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TAX MATTERS
TAX EXUIPTION
In the opinion of Vinson & Elkins L.L.?. Bond Counsel. (i) interest on the Bonds is excludable from gross income for federaJincome tax purposes under existing law: (ii) certain "original issue discount'" on the Bonds is excludable from gross income forfederal income tax purposes under existing law as described more fully in -TAX ACCOliNTING TREATMENTOF ORIGINAL ISSUEDISCOUNTBONDS:' and (iii) the Bonds are not "private activity bonds" under the Internal Revenue Code of 1986. as amended(the -Code""). and interest on the Bonds will not be subject to the alternative minimum tax on individuals and corporations.except as described below in the discussion regarding the adjusted current earnings adjustment for corporations.
The Code imposes a number of requirements that must be satisfied for interest on state or local obligations. such as the Bonds. tobe excludable from gross income for federal income tax purposes. These requirements include limitations on the use of proceedsand the source of repayment. limitations on the investment of proceeds prior to expenditure. a requirement that excess arbitrageearned on the investment of proceeds be paid periodically to the United States. and requirement that the issuer tile an informationrepon with the Internal Revenue Service. The County has covenanted in the Order that it will comply with these requirements.
Bond Counsel's opinion will assume continuing compliance with the covenants of the Order penaining to those sections of theCode which affect the exclusion from gross income of j-nterest on the Bonds for federal income tax purposes and. in addition. willrely on representations by the County. the County's Financial Advisor and the Undef\vriters of the Bonds with respect to matterssolely within the knowledge of the County. the County's Financial Advisor and the Underviriters of the Bonds. respectively.which Bond Counsel has not independently verified. If the County should fail to comply with the covenants in the Order or ifthe foregoing representations should be detennined to be inaccurate or incomplete. interest on the Bonds could become taxablefrom the date of delivery of the Bonds. regardless of the date on which the event causing such taxability occurs.
The Code also imposes a 20% alternative minimum tax on the "alternative minimum taxable income'" of a corporation. if theamount of such alternative minimum tax is greater than the amount of the corporation's regular income tax. Generally. thealternative minimum taxable income of a corporation (other than any S corporation. regulated investment company. REIT.REMIC or FASIT). includes 75% of the amount by which its "adjusted current earnings" exceeds its other "alternative minimumtaxable income:' Because interest on tax-exempt obligations. such as the Bonds. is included in a corporation's ··adjusted currentearnings.'" ownership of the Bonds could subject a corporation to alternative minimum tax consequences.
Under the Code. taxpayers are required to report on their returns the amounl of ta\·c:xempt IOterest. such as interest on theBonds. received or accrued during the year.
Except as stated above. and as stated below in "TAX ACCOUNTINGTKI·\T\lI-..r (II" ORIG[~AL IS$l,;E DISCOUNTBONDS" and"PURCHASEOF BONDSBY FINANCIALINSTITUTIONS:'Bond Counsel will t:'\rrt:~:oOll opmion as to an~ lC:deral. state or local taxconsequences resulting from the ownership of. receipt of interest on. or dl5rOSlilt1Oof. (ht: Bonds
Prospective purchasers of the Bonds should be aware that the ownership ofta\-t:\.t:mpt obligallons may result in collateral federalincome tax consequences to financial institutions. life insurance and prupt:rty anJ c~ualty Insurance companies. certain Scorporations with Subchapter C earnings and profits. individual recipll:nb of SOCIal S;,;cunty or Railroad Retirement benefits.taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry ta\·C'xempt obligations. taxpayersowning an interest in a FASIT that holds tax-exempt obligations. and IOdi\ldu:J.ls.otherwise qualifying for the earned incomecredit. In addition. cenain foreign corporations doing business in thl:: LS. ma~ be subject to the "branch profits tax"' on theireffectively-connected earnings and profits including tax-exempt interest such as interest on the Bonds. These categories ofprospective purchasers should consult their own tax advisors as to the :J.rrlicabilit~- of these consequences.
Bond Counsel's opinions are based on existing law. which is subject to change. Such opinions are funher based on BondCounsel's knowledge of facts as of the date hereof. Bond Counsel assumes no duty to update or supplement its opinions toreflect any facts or circumstances that may thereafter come to Bond Counsel's attention or to reflect any changes in any law thatmay hereafter occur or become effective. Moreover. Bond Counsel's opinions are not a guarantee of result and are not binding onthe Internal Revenue Service (the "Service"'); rather. such opinions represent Bond Counsd's legal judgment based upon itsreview of existing law and in reliance upon the representations and covenants referenced above that it deems relevant to suchopinions. The Service has an ongoing audit program to determine compliance with rules that relate to whether interest on state orlocal obligations is includable in gross income for federal income ta,\ purposes. No assurance can be gi\'en whether or not theSeT\'icc will commence an audit of the Bonds. If an audit is commenced. in accordance with Its current published procedures theSeT\t'iceis likely to treat the Issuer as the taxpayer and the Owners may not have a right to participate in such audit.
TA..X ACCOl"~TlNG TREAT\1E:'IiT OF ORIGINALISSllE DISCOl'NT Bo~DS
The initial public offering price for cenain of the Bonds may be less than the principal amount thereof (the ··Original IssueDiscount Bonds'"). In the opinion of Band Counsel. under existing law and based upon the assumptions hereinafter stated:
(a) The difference between (i) the amount payable at the maturity of each Original Issue Discount Bond. and (ii) the initialoffering price to the public of such Original Issue Discount Bond constitutes original issue discount with respect to such OriginalIssue Discount Bond in the hands of any owner who has purchased such Original Issue Discount Bond in the initial publicoffering of the Bonds; and r
(b) Such initiaJ owner is entitled to exclude from gross income (as defined in Section 61 of the Code) an amount of income with.respect to such Original Issue Discount Bond equal to that ponion of the amount of such original issue discount allocable to theperiod that such Original Issue Discount Bond continues to be owned by such owner.
In the event of the redemption. sale or other taxable disposition of such Original Issue Discount Bond prior to stated maturity.however. the amount realized by such owner in excess of the basis of such Original Issue Discount Bond in the hands of suchowner (adjusted upward by the panion of the original issue discount allocable to the period for which such Original IssueDiscount Bond was held by such initial owner) is includable in gross income. (Because original issue discount is treated asinterest for federal income tax purposes. the discussion regarding interest on the Bonds under the caption "Tax Exemption"generally applies. except as otherwise provided below. to original issue discount on an Original Issue Discount Bond held by anowner who purchased such Bond at the initial offering price in the initial public offering of the Bonds. and should be consideredin connection with the discussion in this ponion of the Official Statement.)
The foregoing opinion is based on the assumptions that (a) the Underwriters have purchased [he Bonds for contemporaneous saleto the general public and not for investment purposes. (b) all of the Original Issue Discount Bonds have been initially offered,and a substantial amount of each maturity thereof has been sold. to the general public in arm's-length transactions for a cash price(and with no other consideration being included) equal to the initial offering prices thereof as stated inside the cover page of thisOfficial Statement. and (c) the respective initial offering prices of the Original Issue Discount Bonds to the general public areequal to the fair market value thereof. Neither the County nor Bond Counsel warrants that the Original Issue Discount Bondswill be offered and sold in accordance with such assumptions. Cenain of the representations of the Underwriters. upon whichBond Counsel will rely in rendering the foregoing opinion. will be based on records or facts the Underwriters had no reason tobelieve were not correct.
Under existing law. the original issue discount on each Original Issue Discount Bond is accrued daily to the stated maturitythereof (in amounts calculated as described below for each six-month period ending on the date before the semi-annualanniversary dates of the date of the Bonds and ratably within each such six-month period) and the accrued amount is added to aninitial owner's basis for such Original Issue Discount Bond for purposes of determining the amount of gain or loss recognized bysuch owner upon the redemption. sale or other disposition thereof. The amount to be added to basis for each accrual period isequal to (a) the sum of the issue price and the amount of original issue discount accrued in prior periods multiplied by the yieldto stated maturity (determined on the basis of compounding at the close of each accrual period and properly adjusted for thelength of the accrual period) less (b) the amounts payable as current interest during such accrual period on such Bond.
The federal income tax consequences of the purchase. ownership. and redemption. sale or other disposition of Original IssueDiscount Bonds which are not purchased in the initial offering at the initial offering price may be determined according to ruleswhich differ from those described above. All owners of Original Issue Discount Bonds should consult their own tax advisorswith respect to the determination for federal. state. and local income tax purposes of interest accrued upon redemption. sale orother disposition of such Original Issue Discount Bonds and with respect to the federal. state. local and foreign tax consequencesof the purchase. ownership. redemption. sale or other disposition of such Original Issue Discount Bonds.
OTHER INFORMATION
RATINGS
The Bonds are rated "Aaa" by Moody's and "AAX' by S&P with the understanding that upon delivery of the Bonds. a financialguaranty insurance policy insuring the timely payment of the principal of and interest on the Bonds \\,ill be issued by FinancialGuaranty lnsurance Corporation. Moody's and S&P have assigned underlying ratings for the Bonds of "Aa2" and "AA:'respectively. The County has three other issues outstanding which are rated ··Aaa·· by Moody's and ··AAX· by S&P throughinsurance by various commercial insurance companies. An explanation of the significance of such ratings may be obtained fromthe company furnishing the rating. The ratings reflect only the respective views ot such organizations and the County makes norepresentation as [0 the appropriateness of the ratings. There is no assurance that suth ratings will continue for any given periodof time or that they will not be revised downward or \vithdrawn entirely by either or both of such rating companies. if in thejudgment of either or both companies. circumstances so warrant. Any such downward revision or withdra\ ....al of such ratings. oreither of them. may have an adverse effect on the market price of the Bonds.
LlTIGATIO!\
It is the opinion of the Coun[y Attorney that there is no pending litigation against the County that would have a material adversefinancial impact upon the County or its operations.
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REClnRA TlON AND QUALlFICA nON OF BoNDS FOR SALE
The sale of the Bonds has not been registered under the Federal Securities Act of 1933. as amended. in reliance upon theexemption provided thereunder by Section 3(a)(2); and the Bonds have not been qualified under the Securities Act of Texas inreliance upon various exemptions contained therein: nor have the Bonds been Qualified under the securities acts of anyjurisdiction. The County assumes no responsibility for qualification of the Bonds under the securities laws of any jurisdiction inwhich the Bonds may be sold. assigned. pledged. hypothecated or otherwise transferred. This disclaimer of responsibility forqualification for sale or other disposition of the Bonds shaJl not be construed as an interpretation of any kind with regard to theavailability of any exemption from securities registration provisions.
LECAL INVESTMENTS AND ELiCIBILITY TO SECURE PuBLIC FUNDS IN TEXAS
Section 1201.041 of the Public Security Procedures Act (Chapter 120.1. Texas Government Code) provides that the Bonds arenegotiable instruments governed by Chapter 8. Texas Business and Commerce Code. and are legal and authorized invesunentsfor insurance companies. fiduciaries. and trustees. and for the sinking funds of municipalities or other political subdivisions orpublic agencies of the State of Texas. With respect [0 investment in the Bonds by municipalities or other political subdivisionsor public agencies of the State of Texas. the Public Funds Investment Act. Chapter 2256. Texas Government Code. requires thatthe Bonds be assigned a rating of "A" or its equivalent as to investment quality by a national rating agency. See "OTHERINFORMATION - Ratings" herein. In addition. various provisions of the Texas Finance Code provide that. subject to a prudentinvestor standard. the Bonds are legal investments for state banks. savings banks. trust companies with at capital of one milliondollars or more. and savings and loan associations. The Bonds are eligible to secure deposits of any public funds of the State. itsagencies. and its political subdivisions. and are legal securit}' tor those deposits to the extent of their market value. No review bythe County has been made of the laws in other states to determine whether the Bonds are legal investments for variousinstitutions in those states.
LEGAL MATTERS
The County will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Bonds.including the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Bonds and to the effectthat the Bonds are valid and legally binding obligations of the County. and based upon examination of such transcript ofproceedings. the approving legal opinion of Bond Counsel. to like effect and to the effect that the interest on the Bonds will beexcludable from gross income for federal income tax purposes under existing law and the Bonds are not private activity bonds.subject to the matters described under "TAX MATTERS" herein. including alternative minimum tax consequences forcorporations. The customary closing papers. including a certificate to the etlect that no litigation of any nature has been filed oris then pending to restrain the issuance and delivery of the Bonds. or which would affect the provision made for their payment orsecurity. or in any manner questioning the validity of said Bonds will also be furnished. Bond Counsel was not requested toparticipate. and did not take part. in the preparation of the Official Statement. and such firm has not assumed any responsibilitywith respect thereto or undertaken independently to veritY any of the information contained therein. except that. in its capacity asBond Counsel. such firm has reviewed the information describing the Bonds in the Official Statement to verify that suchdescription conforms to the provisions of the Order. The legal fee to be paid Bond Counsel for services rendered in connectionwith the issuance of the Bonds is contingent on the sale and delivery of the Bonds. The legal opinion will accompany the Bondsdeposited with DTC or will be printed on the Bonds in the event of the discontinuance of the Book-Entry-Only System.
AUTH£~nCln' OF FINANCIAL DATA AND OTHER INFORMATIO:\,
The financial data and other information contained herein have been obtained from County records. audited financial statementsand other sources which are believed to be reliable. There is no guarantee that any of the assumptions or estimates containedherein will be realized. All of the summaries of the statutes. documents and resolutions contained in this Official Statement aremade subject to all of the provisions of such statutes. documents and resolmions. These summanes do not purport to be completestatements of such provisions and reference is made to such documents for further intormation. Reference is made to originaldocuments in all respects.
CONTINUING DISCLOSURE OF INFORMATIO:\'
In the Order. the County has made the following agreement for the benefit of the holders and beneficial owners of the Bonds. TheCounty is required to observe the agreement for so long as it remains obligated to advance funds to pay the Bonds. Under theagreement. the County will be obligated to provide certain updated financial information and operating data annually. and timelynotice of specified material events. to certain information vendors. This information will be available to securities brokers andothers who subscribe to receive the information from the vendors.
ANNUALREPORTS
The County will provide certain updated financial information and operating data to certain intormation vendors annually. Theinformation to be updated includes all quantitative financial information and operating data with respect to the County of thegeneral type included in this Official Statement under Tables numbered I through 7 and 9 through 15 and in Appendix B. TheCounty will update and provide this information within six months after the end I,)f each fiscal year. The County will provide the
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updated infonnation to each nationally recognized municipal securities information repository C'NRMSIR") and to any stateinfonnation depository ("SID") that is designated by the State oFTexas and approved by the staff of the United States Securitiesand Exchange Commission (the "SEC") .
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The County may provide updated infonnation in full text or may incorporate by reference certain other publicly availabledocuments. as permitted by SEC Rule ISc2-12. The updated information will include audited financial statements. if the Countycommissions an audit and it is completed by the required time. If audited financial statements are not available by the requiredtime. the County will provide unaudited financial statements by the required time and audited financial statements when and ifsuch audited financial statements become available. Any such financial statements will be prepared in accordance with theaccounting principles described in Appendix B or such other accounting principles as the County may be required to employfrom time to time pursuant to state law or regulation.
The County's current fiscal year end is December 31. Accordingly. it must provide updated information by June 30 in each year.unless the County changes its fiscal year. If the County changes its fiscal year. it will notilY each ;\RMSIR and the SID of thechange.
The Municipal Advisory Council of Texas has been designated by the State of Texas and approved by the SEC staff as aqualified SID. The address of the Municipal Advisory Council is 600 West 8th Street P. O. Box :2177. Austin. Texas 78768~2177. and its telephone number is 5121476-6947.
MATERIAL EVEI\TNOTICES
The County will also provide timely notices of certain events to cenain information vendors. The County will provide notice ofany of the following events with respect to the Bonds. if such event is material to a decision to purchase or sell Bonds: (1)principal and interest payment delinquencies: (2) non-payment related defaults: (3) unscheduled draws on debt service reservesreflecting financial difficulties: (4) unscheduled draws on credit enhancements reflecting financial difficulties: (5) substitution ofcredit or liquidity providers. or their failure to perform: (6) adverse tax opinions or events affecting the tax-exempt status of theBonds: (7) modifications to rights of holders of the Bonds: (8) Bond calls: (9) deteasances: (10) release, substitution. or sale ofproperty securing repayment of the Bonds: and (II) rating changes. (Neither the Bonds nor the Order make any provision fordebt service reserves or liquidity enhancement.) In addition. the County will provide timely notice of any failure by the Countyto provide infonnation. data. or financial statements in accordance with its agreement described above under "Annual Reports."The County will provide each notice described in this paragraph to the SID and to either each NRMSIR or the MunicipalSecurities Rulemaking Board ("MSRB").
AVAtLABILlTI' OF INFORMATtON FROM NRMSIRs AND SID
The County has agreed to provide the foregoing information only to NRMSIRs and the SID. The information will be available toholders of Bonds only if the holders comply with the procedures and pay the charges established by such information vendors orobtain the infonnation through securities brokers who do so.
LIMITATIONS AND AMENDMENTS
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The County has agreed to update infonnation and to provide notices of material events only as described abov~. The County hasnot agreed to provide other information that may be relevant or material to a complete presentation of its tinancial results ofoperations. condition. or prospects or agreed to update any information that is provided. except as described above. The Countymakes no representation or warranty concerning such information or concerning its usefulness to a decision to invest in or sellBonds at any future date. The County disclaims any contractual or ton liability for damages resulting in whole or in pan fromany breach of its continuing disclosure agreement or from any statement made pursuant to its agreement. although holders ofBonds may seek a writ of mandamus to compel the County to comply with its agreement.
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The County may amend its continuing disclosure agreement from time to time to adapt to changed circumstances that arise froma change in legal requirements. a change in law. or a change in the identity. nature. status. or type of operations of the Counl)'. if0) the agreement. as amended. would have permitted an underwriter to purchase or sell Bonds in the initial primary offering incompliance with the Rule. taking into account any amendments or interpretations of the Rule to the date of such amendment. aswell as such changed circumstances. and (ii) either (a) the holders ofa majority in aggregate principal amount of the outstandingBonds consent to the amendment or (b) any person unaffiliated with the County (such as nationally recognized bond counsel)determines that the: amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. TheCounty may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals theapplicable provisions of the SEC Rule 15c2-12 or a court of tinaljurisdiction enters judgment that such provisions of the SEeRule 15c2-12 are invalid. but only ifand to the extent that the provisions of this sentence would not prevent an underwriter fromlawfully purchasing or selling Bonds in the primary offering of the Bonds. If the County so amends the agreement. it has agreedto include with the next financial information and operating data provided in accordance with its agreement described aboveunder ''"Annual Repons" an explanation. in narrative form. of the reasons for the amendment and of the impact of any change inthe type of financial infonnation and operating data so provided.
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COMPLIANCE WITH PRIOR UNDERTAKINGS
The County has complied in all material respects with all continuing disclosure agreements made by it in accordance with SEeRule 15c2-12.
FINANCIAL ADVISOR
First Southwest Company is employed as Financial Advisor to the County in connection with the issuance of the Bonds. TheFinancial Advisor's fee for services rendered with respect to the sale of the Bonds is contingent upon the issuance and delivery ofthe Bonds. First Southwest Company. in its capacity as Financial Advisor. has not verified and does not assume anyresponsibility for the infonnation. covenants and representations contained in any of the legal documents with respect to thefederal income tax status of the Bonds. or the possible impact of any present. pending or future actions taken by any legislative orjudicial bodies.
"The financial advisor to the County has provided the following sentence for inclusion in this official statement. The financialadvisor has reviewed the information in this official statement in accordance with. and as pan of. its responsibilities to theCounty and. as applicable. to investors under the federal securities laws as applied to the facts and circumstances of thistransaction. but the financial advisor does not guarantee the accuracy or completeness of such infonnation:·
U~D[RWRITING
The Underwriters have agreed. subject to certain conditions. to purchase the Bonds from the County. at an underwriting discount of$176.320. The Underwriters will be obligated to purchase all of the Bonds if any Bonds are purchast.."d. The Bonds to be offered tothe public may be offered and sold to certain dealers (including the Underwriters and other dealers depositing Bonds into investmenttrusts) at prices lower than the public offering prices of such Bonds. and such public offering prices may be changed. from time totime. by the Underwriters.
CERTIFtCATtO~ OFTHE OFFICIAL STATE~E~T
At the time of payment for and delivery of the Bonds. the County will furnish a certificate. executed by proper officers. acting intheir official capacity. to the effect that to the best of their knowledge and belief: (a) the descriptions and statements of orpenaining to the County contained in its Official Statement and any addenda supplement or amendment thereto, on the date ofsuch Official Statement. on the date of sale of said Bonds and the acceptance of the best bid therefor. and on the date of thedelivery. were and are true and correct in all material respects: (b) insofar as the County and its affairs. induding its financialaffairs. are concerned. such Official Statement did not and does not contain an untrue statement of a material fact or omit to statea material fact required to be stated therein or necessary to make the statements therein. in the light of the circumstances underwhich they were made. not misleading; (c) insofar as the descriptions and statements. induding financial data of or penaining toentities. other than the County. and their activities contained in such Official Statement arc concerned. such statements and datahave been obtained from sources which the County believes to be reliable and the County has no reason to believe that they areuntrue in any material respect; and (d) there has been no material adverse change in the financial condition of the County sincethe date of the last audited financial statements of the County.
The Order authorizing the issuance of the Bonds will also approve the form and content of this Official Statement. and anyaddenda supplement or amendment thereto. and authorize its further use in the rcoffering of the Bonds by the Underwriters.
/51 James AdolphusCounty Judge
Fort Bend County. Texas
ATrEST:
/si Dianne WilsonCounty Clerk
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APPENDIX A
GENERAL INFORMATION REGARDING THE COUNTY
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THE COUNTY
The following information has been derived from various sources. including the Texas Almanac. Texas Municipal Reports. U.S.Census Bureau. Greater Fort Bend Economic Development Council. Fort Bend Chamber of Commerce. National DecisionSystems. Texas Employment Commission. Sales and Marketing ManagemenL Urban Decision Systems. Woods & PooleEconomics. and County officials. While such sources are believed to be reliable. no representation is made as to the accuracythereof.
GENERAL
Fort Bend County, a component of the Houston Statistical Area. has an economy based on mineral production. construction.manufacturing and agriculture. The 1990 County population was 225.421 a 72% increase over the 1980 population of 130.846.According to the Fort Bend County Economic Development Council. the County has been one of the nation's ten fastest growingcounties for over fifteen years. The County was created from Austin County in 1837 and organized in 1838 and encompasses876 square miles. The County is located in the coastal plains of southeast Texas. bordering Harris County to the northeast. TheCount)' is bisected from east to west by U.S. Highway 59 and north to south by State Highway 36.
Cities within the County are Richmond. Rosenberg. Sugar Land. Needville. Beasley. Kendleton. Orchard. Fulshear. Pleak.Arcola Simonton. Thompsons and portions of Katy. Missouri City. Stafford and a very small portion of Houston.
Schools within the County are Fort Bend ISO. Kendleton ISO. Lamar Consolidated ISO. Needville ISO. Katy ISD. StaffordMunicipal ISO and Wallis-Orchard ISO. The school district with the largest assessed value is Fort Bend ISD. comprisingapproximately 174 square miles located in the northeastern section of the County and adjacent to portions of Harris County andBrazoria Count)'. The boundaries of Fort Bend ISD include the Cities of Sugar Land and Missouri City. The school districtencompassing the largest area in the County is Lamar Consolidated ISO. comprising approximately 328.68 square miles locatedin the central and west ponion of the County. The boundaries of Lamar Consolidated ISO include the cities of Richmond andRosenberg.
Two Junior College systems have satellite campuses in Fort Bend County: Whanon County Junior College has campuses locatedin Richmond and Sugar Land. and Houston Community College has a campus located in Stafford. The West Houston Institute ofthe University of Houston occupies a facility in the Cinco Ranch project in the North Central portion of the County.
Agriculture is a major business in the County. accounting for more than $90 million of average annual income. The leadingcommodities produced in the County include nursery products. rice. cotton. beef. vegetables. sorghum and corn. Oil and gas wasdiscovered in Fort Bend County in 1919. and there are approximately 370 producing reservoirs in the County.
ECONOMIC CONDITION AND OUTLOOK
According to the U.S. Census Bureau. the County is the third fastest growing county in the nation of those counties with apopulation exceeding 250.000. The present population is 316.500 and is projected to reach 610.000 by the year 2020. Thiscontinued prosperity can be attributed to the low cost business environment conducive to economic growth and an atmospherethat encourages family interaction and involvement.
Currently. Fort Bend County ranks 611\ in economic strength and employment growth in the U.S. b) Woods & Poole EconomicsStrength Index. The County's average unemployment rate for the last five years is 3.1%. In 1997. Fort Bend County saw therelocation or expansion of 7 companies which created approximately 1.170 new jobs in the area resulting in more than S58million in new payrolls and an estimated annual tax revenue of over $2.3 million to local taxing entities. Texas Instruments.Kent Electronics. Input/Output Inc .. Cooper Cameron. ChemLab Circuit. California Microwave-Microwave Network Systems.Anderson Greenwood. Grove Valve. Ziedell Valve. Fairtield Industries. American Assemblers. Kerr Measurement. andPrimesorb Inc. are just a fey, of the manufacturers that now call Fort Bend County home. National and regional corporateheadquarters for Unoca!. Schlumberger. Fluor Daniel. Imperial Holly. and National Embossing Company arc also located in theCounty.
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Employer
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Fon Bend ISDFluor DanielSchlumberger CompaniesLamarCISDTexas InstrumentsK*Tec ElectronicsPrudential InsuranceTexas Department of Criminal JusticeRichmond State SchoolUnocallSpirit Energy 76Fon Bend CountyUnited Parcel ServiceReliant Energy HL&PBaker Petrolite. Inc.Imperial HollyInput/Output CorporationPolly Ryon Memorial HospitalPersonixNalco/Exxon Energy ChemicalsFrilo-Lay. Inc.MCI CommunicationsFon Bend Medical CenterAnderson GreenwoodSouthwestern Bell TelephoneHines NurseriesTadiran Microwave NetworksVision MetalsHudson Products
MAJOR EMPLOYERS
Line of BusinessPublic EducationEngineering. ConstrUction. Maintenance & Technical ServicesEnergy Exploration TcchnologylResearchPublic EducationElectronics & Semiconductor ManufacturerElectronicsGroup Employee BenefitsState PrisonSpecial EducationOil/Gas Exploration and ProductionCounty GovernmentPackage DistributionElectric UtilityChemical ManufacturerCane Sugar Refining and ProductionManufacturer of Seismic Data EquipmentHospitalPlastic Card EmbossingChemical ProductionSnack Food ManufacturerCommunicationsHospitalValve ManufacturerTelephone UtilityAgriculture NurseryManufacturer/Supplier of Microwave Radio EquipmentSteel Pipe & Tubing ManufacturerIndustrial Equipment Manufacturer
Source: Greater Fort Bend County Economic Development Council.
POPULA.TION(I)
196040.527
(I) Source: U.S. Census Bureau
Under $10.000$10.000-$19.999$20.000-$29.999$30.000-$34.999$35.000-$49.999$50.000-$74.999$75.000-$99.999$100.000-$149.999
Sour~e: Greater Fort Bend County Economic Development Council and Clamas. 1998.
Source: Sales and Marketing Management, 1995-1999 Survey of Buying Power
TRANSPORT Ano:"
HIGHWAY INFRASTRUCTURE ... County can be easily accessed by road systems from every direction. The Southwest Freeway(US 59). Katy Freeway (1-10) and US 90A bisect the County from east to west State Highway 6. the Sam Houston Tollway(Beltway 8). State Highway 36. FM 723. and the Grand Parkway all provide excellent north-south access from US 59 to 1-10.The Texas Department of Transportation provides responsive programs to meet all requirements ofa growing County.
By LAl'iD ... Trucking is nO\,~ideregulated with more than 600 truck lines operating within the Houston region. Rates arenegotiable. No additional transportation costs are reqUired for companies delivering finished products to or from Fort BendCounty.
By SEA" . " Fon Bend's proximity to one of the world's busiest pons adds an international dimension to its market access. ThePort of Houston ships cargo to 200 ports around the world. Count)' companies have easy access to the Port via U.S. Highway 59,the most utilized highway serving Mexico from the Port of Houston.
By RAIL" .. The Burlington North & Santa Fe and Union Pacific provide the necessary rail service for the greater Hous~onmetropolitan area. These railroads give manufacturers complete access to ra,,\' materials and low cost transportation for theirfinished goods to all national markets.
By COMMERCIAL AIR ... George Bush Interc:ontinental/Houston and William P, Hobby Airports provide extensive. cost-effective air transportation to 150 destinations worldwide. Travelers can reach anywhere in the United States or Mexico in fivehours or less by air. These modem, highly advanced airports can meet the needs of the smallest to the largest companies in themarketplace.
8\" CORPORATE AIR ... Sugar Land Municipal Airport is a general aviation facility with the capability to service al\ types ofaircraft. The airport is an all-weather facility with a new tower allowing for improved commercial and corporate air sen."ice.Houston Southwest Airport is a convenient alternative in southeast Fort Bend County with easy access to the Texas MedicalCenter. Astrodome and the emerging Highway 288 commercial corridor.
By OVERNIGHT EXPRESS. . UPS. Federal Express. and DHL are among the many carriers that serve Fort Bend County'sdomestic and international delivery needs. UPS. the largest package distribution company in the world. has a distribution hublocated in Stafford .
WATER TRANSPORTATIO~ ... The Port of Houston adds an international dimension to the exceptional market access enjoyed byFort Bend companies. Whether a company needs to import raw materials or export finished products. the Port has the facilitiesand equipment to accommodate shipper's needs in a cost-effective manner.
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UTILITIES
ELECTRICITY... Reliant Energy HL&P is engaged in the generation. transmission. distribution and sale of electric energy.serving an estimated area of 5.000 square miles. With over 13 million kilowatts in net generating capability. Reliant EnergyHL&P is fully equipped to handle the electric needs of any industrial or commercial consumer. now and in the foreseeable future.
NATURALGAS ... Natural gas is abundant with Reliant Energy Entex offering a reliable long-tenn supply to companies in theregion.
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APPENDlXB
EXCERPTS FROM THE
FORT BEND COUNTY. TEXAS
UNAUDITED ANNUAL FINANCIAL REPORT
For the Year Ended December 31. 1999
The information contained in this Appendix consists of t.::\cc:rplSfrom the Folt Bend County.Texas Unaudited Annual Financial Report for the Year Ended December 31. 1999. and isnot intended to be a complete statement of the Counl~ \ Iinancial condition. Reference ismade to the complete Report for further infonnalion.
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I I Greenway Plaza, Suite 1515Houston, TX 77046
(713) 621-1515Fax: (713) 621-1570
/..'LNull-LairsonCEJmFED PlJIJC/CC£llIIIW/TS
I'RCf5SD\IAL aJIUlCll,I,TlON
One Sugar Creek Blvd., Suite 920Sugar Land, TX 77478
(281) 242-8600Fax: (281) 242-7333
Independent Auditors' Report
To the Honorable County Judgeand Members of the Commissioners Court ofFort Bend County, Texas
We have audited the accompanying general purpose financial statements of Fon Bend County,Texas, as of December 31,1999, and for the year then ended, as listed in the table of contents.These general purpose financial statements are the responsibility of the County's management.Our responsibility is to express an opinion on these general purpose financial statements basedon our audit.
We conducted our audit in accordance with generally accepted auditing standards. Thosestandards require that we plan and perform the audit to obtain reasonable assurance aboutwhether the general purpose financial statements are free of material misstatement. An auditincludes examining, on a test basis, evidence supporting the amounts and disclosures in thegeneral purpose financial statements. An audit also includes assessing the accounting principlesused and significant estimates made by management, as well as evaluating the overall generalpurpose financial statement presentation. We believe that our audit provides a reasonable basisfor our opinion.
In our opinion, the general purpose financial statements referred to above present fairly, in allmaterial respects, the financial position of Fort Bend County, Texas as of December 31, 1999,and the results of its operations and the cash flows of its proprietary fund types for the year thenended in conformity with generally accepted accounting principles.
Our audit was made for the purpose of forming an opinion on the general purpose financialstatements taken as a whole. The combining and individual fund and account group financialstatements and schedules listed in the table of contents are presented for purposes of additionalanalysis and are not a required part of the general purpose financial statements of the County.Such information has been subjected to the auditing procedures applied in the audit of thegeneral purpose financial statements and, in our opinion, is fairly presented in all materialrespects in relation to the general purpose financial statements taken as a whole.
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The required pension system supplementary information listed in the table of contents is not a part of thebasic financial statements but is supplementary information required by the Governmental AccountingStandards Board. We have applied certain limited procedures, which consisted principally of inquiriesof management regarding the methods of measurement and presentation of the supplementaryinformation. However, we did not audit the information and do not express an opinion on it.
Houston, TexasApril 21, 2000
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GENERAL PURPOSE FINANCIAL STATEMENTS
FORT BEND COUNTY, TEXASCOMBINED BALANCE SHEET - ALL FUND TYPES. ACCOUNT GROUPS
AND DISCRETELY PRESENTED COMPONENT UNITSAS OF DECEMBER J/. 1999wit. comp8rllliw ttJl4ls lIS01D~cember J I. I'"~
ProprietaryGoYernmeatal Fund Types Fund TypeSpec.al Debt Capital Iateraal.. Genen. Revea •• Service Projects Service
Assets aad Other Debits
Cash and temporary investmentsCash and cash equivalents S 26.029.116 S 16,379,662 S 4.184.287 S 7,267,777 S 2,469,116[nvestments 20,392,106 584,473 369,768
Receivables
~~Taxes - current 38,857,145 6,683.411 3,654.946
~. Less allowance for estimated., .. ,.' uncollectibles ( 1.554,286) (267,337) (146,197)
Taxes· delinquent 2,918.986 1.034.831 377.308Less allowance for estimated
uncollectibles (2,189.240) (776.124) (282,980)Federal and state grants 205.441 12,268Other 557.832 293.662 265,814 92,037
Due from other funds 14.800,128 3,119.062 1,316.884 1,099,149Due from component units 598Fixed Assets
LandBuildingsEquipment
Construction-in-progressAmount available in debt service fundAmount to be provided for retirement of
long-term debt
Total Assets and Other Debits S 99.812,385 S 27,257.081 S 9.104.248 S 9.014,776 S 2,561.153
See Notes to Financial Statements.
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[."(HI8IT 1P211e1on
FiduciaryFuad Type
Aceouat GroupsTotal
(McmoraadumQaly)
PrimaryCoveramcat
DiscretelyPrcscaled
CompoacatUaits
Totals Reponlag [alily(Mcmonadum Oaly)
Agcaey
Cenen' GeaenlFixed Long-TermAssets Debt 1999 1998
S 18,058,750 S S S 74,388,708 S 281,616 S 74,670,324 S 62,424,953
';': Accrued compensated absences 1,067,201 293,677Due to other funds 143,002 140,942 153,919 1,610,053Due to primary governmentsDue to other governments/units 19,160Deferred revenues 68,343,875 13,215,907 6,374,043Bonds and certificates ofobligation payable
Loans payableObligations under capital leases
Total Liabilities 73,578,155 15,323,221 6,540,223 1,797,599 1,729,534
Fund EqUity and Otber CreditsInvestment in general fixed assetsRetained earnings 579,528Contributed capital 252,091Fund balances
ReservedEncumbrances 68,683Debt service 2,564,025
Unreserved,. Designated for capital projects 7,148,494Undesignalcd 26,234,230 11,933,860
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Total Fund Equity and Otber Credits 26,234,230 831,61911,933,860 2,564,025 7,217,177
Total liabilities, Fund Equity,and Otber Credits S 99,812,385 S 27,257,081 S 9,104,248 S 9,014,776 S 2,561,153
"'*See Notes to Financial Statements.
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EXHIBIT Irage Z or 2
-,
·1FiduciaryFund Type
Account GroupsTotal
(MemoraadumOnly)
PrimaryGovernment
DiscretelyPreseated
ComponeatValts
Totals Repor1lag Eatlly(Memorandum Oaly)
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Agency
General GeoenlFixed Long-TermAssets Debt 1999 1998
S 13,515 S S S 4,767,017 S S 4,767,017 S 4,061,0991,687,018 1,687,018 1,681,038
S 37,149,475 S 129,007,107 S 65,609,733 S 379,515,958 S 281,616 S 379,797,574 S 368,497,232
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COMB1NED STATEMENT OF REVENUES, EXPEND1TURES AND CHANGES lN FUNDBALANCES _ALL GOVERNMENTAL FUND TYPES AND D1SCRETELY PRESENTEDCOMPONENT UN1TSFOR THE YEAR ENDED DECEMBER JI, 1999with COmfHIrtltill~ 101m for tlt~yetlr ~nUdDece",bn JJ, 19"
FORT BEND COUNTY, TEXASCOMBINED BALANCE SHEETDISCRETELY PRESENTED COMPONENT UNITSAS OF DECEMBER 31, 1999with compa,ative totals lIS of Decembe, 31, 1998
Fund EquityRetained Earnings 149,204 149,204 43,590
Fund BalancesUnreserved and undesignated 6,066 125,748 131,814 245,775
Total Fund Equity 6,066 125,748 149,204 281,018 289,365
Total Liabilities and Fund Equity $ 6,066 $ 126,346 $ 149,204 $ 281,616 $ 570,108
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FORT BEND COUNTY, TEXASCOMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES
IN FUND BALANCEDISCRETELY PRESENTED COMPONENT UNITS
,a.,. FOR THE YEAR ENDED DECEMBER JI, 1999;j wilh cDmpDrDR'" IDlm fDr 'he yeDr errded December JI, 1998
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RevennesEanringsoninvesttnen~Total Revenues
FBC SurfaceWater SupplyCorporalion
$ 227227
ExpendituresRoad and bridge maintenanceHealth and welfareTotal Expenditures
158158
Revenues Over (Under) Expenditures
Other Financing Sources (Uses)Operating transfers in from primary government
Total Other Financing Sources (Uses)
Revenues and Other Financing SourcesOver (Under) Expenditures andOther Financing Uses
Fund Balances, January I 5,997
Fund Balances, December 31 $ 6,066
14
Fort Bend TollRoad
Anthority
$
114,030
114,030
69 (\ 14,030)
69 (114,030)
239,778
$ 125,748
EXHIBIT 7
Total Component Units1999 1998
s 227227
114,030158
114,188
(113,961)
(113,961)
245,775
$ 131,814
$ 272272
565,222122
565,344
(565,072)
805,000
805,000
239,928
5,847
S 245,775
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 1 - SUMMARy OF SIGNIFICANT ACCOUNTING POLICIES
A. Reporting Entity
~" Fort Bend County, Texas ("County") is a public corporation and a political subdivision of the State of Texas.The Commissioners Court, composed of four County Commissioners and the County Judge, all of whom areelected officials, govern the County.
The County is considered an independent entity for financial reporting purposes and is considered a primarygovernment. As required by generally accepted accounting principles, these general purpose financialstatements have been prepared based on considerations regarding the potential for inclusion of other entities,organizations, or functions as part of the County's financial reporting entity.
Considerations regarding the potential for inclusion of other entities, organizations, or functions in theCounty's financial reporting entity are based on criteria prescribed by generally accepted accounting principles.These same criteria are evaluated in considering whether the County is a part of any other governmental orother type of reporting entity. The overriding elements associated with prescribed criteria considered indetermining that the County's financial reporting entity status is that of a primary government are that it has aseparately elected governing body; it is legally separate; and it is fiscally independent of other state and localgovernments. Additionally, prescribed criteria under generally accepted accounting principles includeconsiderations pertaining to organizations for which the primary government is financially accountable; andconsiderations pertaining to other organizations for which the nature and significance of their relationship withthe primary government are such that exclusion would cause the reporting entity's financial statements to bemisleading or incomplete.
Blended Component Unit.
Blended component units, although legally separate entities, are. In substance, part of the County's operationsand so data of these units are combined with data of the County. Each of the County's blended componentunits has a December 31 year-end. The following component umts have been identified and are presented in ablended format in the County's financial statements:
Fort Bend County Drainage District ("District")Established under Section 59 of Article XVI of the Constitution of Texas, the District includes allof the property within Fort Bend County. The District was created for the purpose of reclamationand drainage of its lands. Commissioners Court acts as the governing body of the District.
Fort Bend Flood Control Water Supply Corporation ("FBFCWSC")The FBFCWSC is a non-profit corporation organized for the benefit of the County to provide forthe acquisition, construction and financing of flood control and drainage projects for the County.Upon completion these projects are deeded to the County for operations, maintenance andimprovements. Commissioners Court appoints the Board of Directors and approves all budgetsand expenditures.
Fort Bend Parkway Road District ("FRPRD")The FBPRD, a limited purpose political subdivision, was created as a vehicle to provide costparticipation for the development and construction of the Fort Bend Parkway in eastern Fort BendCounty. The governing body is Commissioners Court.
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
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··:1! NOTE J _ SUMMARY OF SIGNIDCANT ACCOUNTING POLICIES (continued)
A. Reportjnl! Entity (continued)
Discretely Presented Component Units
Discretely presented component tmits are presented in a separate col= in the COtmty's financialstatements to emphasize that they are legally separate from the COtmty.Each of the COtmty's discretelypresented component tmits has a December 31 year-end. The following component units have beenidentified and are presented in a discrete format in the Cotmty's financial statements:
Fort Bend Toll Road AuthorityThe Fort Bend Toll Road Authority is organized under the Texas Transportation Corporation Act and theTexas Non-Profit Corporlltion Act. The Authority was created to assist in the planning, designing,financing and building of COtmtyroads and highways. In particular, the Authority is to assist in theevaluation of the proposed Fort Bend Toll Road that would extend from Sam Houston Parkway in HarrisCOtmtyto State Highway 6 in Fort Bend COtmty.Commissioners Court appoints the Authority's governingbody. The COtmtyhas financial accountability because it appoints a voting majority of the Board and theCOtmtycan impose will.
Fort Bend Surface Water Supply CorporationThe Fort Bend COtmtySurface Water Supply Corporation was established for the purpose of conducting afeasibility study of a surface water facility in the area. Currently, revenue sources are primarily fromspecial districts, private corporations, and other entities interested in the study. Commissioners Court·appoints the Corporation's governing body. The COtmtyhas financial accotmtability because it appoints avoting majority of the Board and the COtmtycan impose will.
Fort Bend Housing Finance CorporationThe Fort Bend Housing Finance Corporation was established tmder the Texas Housing FinanceCorporation Act. The Corporation provides down payment assistance programs for individuals meetingcertain income guidelines and serves as a conduit for activity related to bond issues for affordable hQusingin Fort Bend County. The tax-exempt bonds issued by the Corporation do not constitute a debt or a pledgeof faith by the Corporation, but are payable by the user pursuant to terms defmed in the loan agreementstmderlying each issue. Commissioners Court appoints the Corporation's governing body. The Cotmty hasfinancial accotmtability because it appoints a voting majority of the Board and the COtmtycan impose will.
Complete financial statements for this discretely presented component tmit are prepared and can beobtained at the East Fort Bend COtmtyAnnex Building located at 3030 Texas Parkway, Suite 213, MissouriCity, Texas.
B. Fund ACCOunting
The accotmts of the COtmty are organized on the basis of funds and accotmt groups, each of which isconsidered a separate accounting entity. The operations of each fund are accotmted for with a separate set ofself-balancing accotmts, which comprise its assets, liabilities, fund balance or retained earnings, revenues, andexpenditures or expenses, as appropriate. Government resources are allocated to and accotmted for inindividual funds based upon the purposes for which they are to be spent and the means by which spendingactivities are controlled. The various funds and accotmt groups are grouped, in the financial statements of thisreport, into six general ftmd types tmder these broad categories and into two accotmt groups shown as follows:
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE I _ SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (condnued)
Governmental Fund Types
General FundThe General Fund is used to account for all financial transactions not properly includable in otherfunds. The principal source of revenue is local property taxes. Expenditures include all costsassociated with the daily operations of the County.
Special Revenue FundsSpecial Revenue Funds are used to account for proceeds of specific revenue sources (other thancapital projects) which are legally restricted to expenditures for specified purposes.
Debt Service FundsDebt Service Funds are used to account for payment of principal and interest on general long- .term debt of the County. The primary source of revenue for debt service is local property taxes.
Capital Projects FundsThe Capital Projects Funds are used to account for the expenditures of resources accumulated forthe construction and acquisition of major capital facilities.
Proprietary Fund Type
Internal Service FundsInternal Service Funds are used to account for the County's modified self-insurance plans whichprovide health-care benefits to employees and their dependents and workers' compensationbenefits to employees. It also accounts for the operations of the central store that provides officesupplies to various departments on a cost-reimbursement basis.
Fiduciary Fund Type
Agency FundsAgency Funds are used to account for assets, which are held by the County as an agent, pendingdistribution to, authorized recipients. As the agent for certain legal entities, the County (throughits various fee officers) collects certain revenues and assessments from taxpayers and other unitsand remits the amounts to respective legal entities.
Account Groups
General Fixed Assets Account GroupThe General Fixed Assets Account Group is used to account for tangible assets having a usefullife longer than a year and having a monetary value large enough to warrant maintaining therelated custodial records.
General Long-Term Debt Account GroupThe General Long-Term Debt Account Group is used to record and account for the outstandinggeneral-obligation and revenue bonds payable, certificates of obligation payable, loans and leasespayable, and other long-term liabilities.
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FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 1 • SUMMARY OF SIGNIFICANT ACCOUNTING POI.lCIES (eontlnued)
C. Basis of AccountjDlI
The accounting and financial reporting treatment applied to a fund is determined by its measurement focus_All governmental fund-types are accounted for using a current financial resources measurement focus. Withthis measurement focus, only current assets and current liabilities generally are included in the balance sheet.Operating statements of these funds present increases (e.g., revenues and other financing sources) anddecreases (e.g., expenditures and other financing uses) in net current assets.
All proprietary funds are accounted for on a flow of economic resources measurement focus. With thismeasurement focus, all assets and liabilities associated with the operation of these funds are included in thebalance sheet. Proprietary fund-type operating statements present increases (e.g., revenues) and decreases(e.g., expenses) in net total assets.
The accounts of the Governmental Fund Types (the General Fund, Special Revenue Funds, Debt ServiceFunds, and Capital Projects Funds) and Agency Funds are maintained, and the financial statements have beenprepared, on the modified accrual basis of accounting. Under this basis of accounting, revenues arerecognized when they become susceptible to accrual (i.e., both measurable and available). Available meanscollectible within the current year or soon enough thereafter to be used to pay liabilities of the current year.Substantially all revenues, except property taxes, are considered to be susceptible to accrual. Property taxes,which are levied in the last quarter of the year and coliected before year-end, are considered deferred revenuesbecause such revenues are not legally available to pay liabilities in the current year. Expenditures aregeneraliy recognized under the modified accrual basis of accounting when the related fund liability is incurred..Principal and interest on the general long-term debt are recognized as expenditures when due.
The accounts of the Proprietary Fund Type (Internal Service Funds) are maintained, and the financialstatements have been prepared, on the accrual basis of accounting. Under this basis, revenues are recognizedwhen they are earned and expenses are recognized when they are mcurred. Proprietary fund types foliowgeneraliy accepted accounting principles prescribed by the Governmental Accounting Standards Board (theGASB), and ali Financial Accounting Standards Board's standards issued prior to November 30, 1989.Subsequent to this date, the County accounts for its proprietary funds as prescribed by the GASB.
18
FORT BEND COUNTY. TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
Fonnal budgets are legally adopted for the General Fund, certain Special Revenue Funds (Road and Bridge.. and the Drainage District) and all Debt Service Funds except for the Fort Bend Parkway Road District,:<~..:.-._.. .," Unlimited Tax Bonds Debt Service Fund. The debt service requirements relating to these bonds are funded
solely from property taxes levied on property within the Road District.
Other Financing Sources (uses) 18,575 90,735 109.310
Revenues and Other FinancingSources Over Expenditures 1,096,821 551,203 1,648,024
Beginning Fund Balance 7,126,329 3,159,507 10,285,836
Ending Fund Balance $ 8,223,150 $ 3,710,710 $ 11,933,860
Debt Service FundsRevenues $ 6,930,743 $ 131,603 $ 7,062,346
Expenditures 7,935,686 182,771 8,118,457
Revenues over Expenditures (J ,004,943) (51,168) (1,056, 111)
Other Financing Sources (uses) 131,957 131,957
Revenues and Other FinancingSources Over Expenditures (872,986) (51,168) (924,154)
Beginning Fund Balance 3,230,136 258,043 3,488,179 .
Ending Fund Balance $ 2,357.150 $ 206,875 $ 2,564,025
-- Formal budgets (annualized budgeting) are not adopted in the Capital Projects Funds. Effective budgetary
" control in those funds is achieved through individual project budgeting in conformance with the provisions of:;,1 bond orders and other sources.
The County Budget Officer prepares the proposed budget and submits the data to the Commissioners Court. Apublic hearing is held on the budget before fmalizing it. The Court may increase or decrease the amountsrequested by the departments. In the fmal budget, which is usually adopted in the last quarter of the year,appropriations of the budgeted funds cannot exceed the available fund balances in such funds at January 1,plus the estimated revenues for the ensuing year. During the year, the Court may increase budgeted revenuesand expenditures for unexpected revenues or beginning fund balances in excess of budget estimates, providedthe Court rules that a state of emergency exists. The legal level of budgetary control takes place at thedepartmental level. Budgetary transfers between departments cannot be made without Commissioners Courtapproval. There were no significant increases in the adopted budget.
19
..
~~,
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE I • SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (coDtiDued)
E. Encumbrances
Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditureof monies are recorded in order to reserve that portion of the applicable appropriation, is used as an extensionof fonnal budgetary control in all of the budgeted funds. Encumbrances outstanding at year-end are reportedas reservations of fund balances and do not constitute expenditures or liabilities of the current year and arereappropriated in the budget of the subsequent year. Unencumbered appropriations lapse at the end of theyear.
F. Casb and Casb EqUivalents
For purposes of the statement of cash flows, the proprietary fund types consider all highly liquid investmentswith a maturity of three months or less when purchased to be cash equivalents.
G. Interfund Receivables and Payables
During the course of operations, transactions occur between individual funds for specified purposes. Thesereceivables and payables are classified as "due from other funds" or "due to other funds" on the combinedbalance sheet.
H. Temporary Inyestments
The County's temporary investments are comprised of U.S. agency obligations, collateralized mortgageobligations, and deposits in pooled investment accounts. Obligations with maturities of one year or less whenpurchased are reported on the balance sheet at their amortized cost, which approximates fair value. All otherinvestments are reported at fair value.
I. Fixed Assets
All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available.Donated fixed assets are valued at their estimated fair market value on the date donated.
The County does not capitalize public domain fixed assets (infrastructure) consisting of roads, bridges, andrelated rights-of-way. The costs of purchasing or constructing capital assets are recorded as expenditures inthe various funds and capitalized in the General Fixed Assets Account Group. Interest costs incurred duringconstruction are not capitalized on general fixed assets.
L.
J. Accrued Compensated Absegces
All full-time employees accumulate vacation benefits in varying annual number of days up to a maximum oftwenty days a year. Accumulated vacation exceeding twenty days lapses on December 31 of each year.Compensatory time exceeding 240 hours is paid to nonexempt employees except for the nonexempt lawenforcement officers who are paid when hours exceed 480. In the event of termination, an employee is paidfor all maximum allowable accumulation of vacation and compensatory time. rSick leave benefits are earned by all full-time employees at a rate of eight days per year and may beaccumulated without limit. In the event of termination, an employee is not paid for any unused sick leave. I,
20
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
l NOTE J - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued):.4
J. Accrued Compensated AbsenCes (continued)
A major portion of compensatory absences accrued at December 31, J 999, is expected to be paid with currentresources and is presented in the current liabilities section of the balance sheets of the respective funds.However, a portion of the liability is not expected to be paid with current resources and is presented in thegenerallong-tenn debt account group.
K. Use of Estimates
The preparation of financial statements in confonnity with generally accepted accounting principles requiresmanagement to make estimates and assumptions that affect the reported amounts of assets and liabilities anddisclosures of contingent assets and liabilities at the date of the financial statements and the reported amountsof revenues and expenses during the reporting period. Actual amounts could differ from those estimates.
L. Iotal Columns On Combined Statements
Total columns on the combined statements are captioned "Memorandum Only" to indicate that they arepresented only to facilitate financial analysis. Data in those columns do not present financial position orresults of operations in confonnity with generally accepted accounting principles. Such data is not comparableto a consolidation because interfund eliminations have not been made in the aggregation of this data.
M. Comparative Data
Comparative total data for the prior year have been presented in the accompanying financial statements inorder to provide an understanding of changes in the government's financial position and operations.
NOTE 2 - CASH AND INVESTMENTS
Cash and Cash EquivalentsCash and cash equivalents at year-end consists of cash deposits, deposits in the Local Govenunent InvestmentCooperative ("LOGIC"), deposits in Investors Cash Trust ("ICT'), and government securities with maturitiesof three months or less when purchased. LOGIC and leI are private investment pools. Cash and cashequivalents are stated at cost, which approximates market value.
21
,- -,
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 2· CASH AND INVESTMENTS (continued)
Cash and Cash Equivalents (continued)The County's cash and cash equivalents at December 31, 1999, are summarized as follows:
Cash deposits
Credit CarryingRIsk Amount
$ 15,965,101
58,705,223
$ 74,670,324
Investments considered cash andcash equivalents
Total Cash and Cash Equivalents
The cash deposits held at financial institutions can be categorized according to three levels of risk. These threelevels of risk are:
Category I • Deposits that are insured or collateralized with securities held by the entity orby its agent in the entity's name.
Category 2· Deposits, which are collateralized with securities, held by the pledging financialinstitution's trust department or agent in the entity's name.
Category 3- Deposits which are not collateralized.
InvestmentsCommissioners Court has adopted a written investment policy regarding the investment of its funds as definedby the Public Funds Investment Act of 1995 (Chapter 2256, Texas Government Code). The County'sinvestments in collateralized mortgage obligations (CMO's) are in compliance because the Act does notrequire investments acquired before the effective date to be liquidated before the final stated maturity. Theinvestments of the County are in compliance with this policy. State statutes authorize the County to invest infully collateralized or insured time deposits, direct debt obligations of the United States, and certain repurchaseagreements. Investments in security repurchase agreements are authorized when the investment has a definedtermination date, is secured by obligations described in the Public Funds Investment Act, is pledged to theCounty, deposited with a third party selected and approved by the entity, and is placed through a primarygovernment securities dealer or national bank domiciled in the state or national banks domiciled in the State ofTexas. The County did not invest in repurchase agreements for the year ended December 31, 1999.
f'•~
22
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 3 - PROPERTY TAXES
The County's property taxes are levied annually in October on the basis of the Fort Bend Appraisal District'sassessed values as of January I of that calendar year. The Appraisal District establishes appraised values at100% of market value less exemptions. The County's property taxes are billed and collected by the County'sTax Assessor/Collector. ..The County's tax year covers the period October I through September 30, while the County's fiscal year isJanuary I through December 31. Therefore, taxes levied on or after October I of each fiscal year are thesubsequent fiscal year's property tax revenue and such amounts are reflected as deferred revenue until thebeginning of the subsequent fiscal year on January 1. Such taxes become delinquent on February I of thesubsequent calendar year.
1998 Tax YearProperty taxes are prorated between the General, certain Special Revenue, and Debt Service Funds based onrates adopted for the year of the levy. For the 1999 fiscal year (1998 tax year), the County levied propertytaxes of$0.6241 per $100 of assessed valuation. The 1998 rates resulted in total tax levies of approximately$80.5 million based on a total adjusted valuation of approximately $12.9 billion. The total tax rate in the 1998tax year was prorated as follows:
1998Rate
1998Limit
Fort Bend County, TexasGeneral, certain special revenue,and debt service funds
Special road & bridge fundsFann-to-market and lateral roads fundsFort Bend County Drainage District
$ 0.52460.0599
$ 0.80000.15000.30000.25000.0396
Total $ 1.5000$0.6241
The tax rate for the Fort Bend Parkway Road District for the 1998 tax year was $0.50188 per $100 of assessedvaluation.
24
~~~·<~>f:'::~f'M
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 2 - CASH AND INVESTMENTS (continued)
Similar to cash deposits, investments held at a fmancial institution can be categorized according to three levelsof risk. These three levels of risk are:
Category I- Investments that are insured, registered, or held by the entity or by its agent inthe entity's name.
Category 2- Investments that are uninsured and unregistered held by the counterparty's trustdepartment or agent in the entity's name.
Category 3- Uninsured and unregistered investments held by the counterparty, its trustdepartment, or its agent, but not in the entity's name.
The investments in investment pools are not categorized securities because they are not evidenced bysecurities that exist in physical or book entry form. The fair value of the position in the external investmentpool is the same as the value of the pool shares.
Oversight responsibility includes the ability to significantly influence operations, designations of management,and accountability for fiscal matters. For the investment pools utilized by the County, oversight responsibilityfor LOGIC and ICT is a three member Board of Directors comprised of three government officials oremployees. Two advisory Board members with expertise in public finance represents the general manager ofthe Fund. Day to day administration of the Funds is performed by Southwest Securities Group, Inc.
The County's carrying amount of investments at December 31, 1999, which approximates fair value, aresummarized as follows:
CreditRisk
CarryingAmount
Government agency securitiesU.S.Agency securitiesCollateralized mortgage obligationsLOGIC investmentsICT investments
$ 37,315,3692,996,953
56,417,0642,288,159
I111
Less Cash and Cash Equivalents
99,017,545(58,705,223)
$ 40,312,322Total Investments
23
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 3 - PROPERTY TAXES (coDtiDued)
1998 Tn Year (coDtiDued)Tax revenues for 1999 consisted of the following:
1998 levy collected in prior fiscal year
Special DebtGeDera\ ReveDue Service
FUDd FUDds FUDd
$ 24,750,754 $ 5,192,239 $ 2,679,193
36,160,002 7,581,677 4,010,277
550,455 135,536 59.661
$ 61,461,211 $ 12,909,452 $ 6,749,131
1998 and prior years' levies collectedIn current fiscal year
Penalty, interest, and other
1999 Tax YearDuring the last quarter of 1999, the County levied property taxes for the 2000 fiscal year (1999 tax year). Thetax rate was set at $0.6241 per $100 of assessed valuation. The 1999 rates resulted in total tax levies ofapproximately $87.5 million based on a total adjusted valuation of approximately $14.0 billion. Property taxeslevied in the 1999 tax year are not available for the County's use until the 2000 fiscal year. Total property taxcollections of approximately $38.3 million on the 1999 tax levy have been deferred at December 31,1999, andwill be recognized as revenue in 2000.
Fort Bend Central Appraisal DistrictThe Fort Bend Central Appraisal District ("CAD"), a separate governmental entity, is responsible for therecording and appraisal of property for all taxing units in the County.
The CAD is required by state law to assess property at 100% of its appraised value. Further, real propertymust be appraised at least every four years. Under certain circumstances, the taxpayers and taxing units,including the County, may challenge orders of the CAD's Appraisal Review Board through various appealsand, if necessary, legal action may be taken.
The Commissioners Court will continue to set the tax rates on the property. State law also provides that, ifapproved by the qualified voters in the County, collection functions may be assigned to the CAD.
25
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
..,
NOTE 4 - GENERAL FIXED ASSETS
General fixed assets transactions for the year ended December 31, 1999, are swmnarized as follows:
January 1, De~ember31,.. 1999 Traasfcn 1999Balance Additions Dednetlon. In (Out) Balance
Land S 7,842,220 S 296,750 S S S 8,138,970
Buildings 78,505,177 136,85 I 2,410,067 81,052,095
14.060,000 Fort Bend Flood Control WaterSupply Corporation Bonds,Series 1999 Refunding 4.00 - 5.00 2008 14,060,000
Total Direct Bonded Debt Payable 61,315,000
1.520,000 Fort Bend Parkway Road DistrictUnlimited Tax Bonds, Series 1990 8.20 - 8.63 2010 1,285,000
--i Total Bonded Debt Payable 62,600,000- ~ 177,845 Capital Lease-Gradall 5.71 2001 77,109., 155,687 Capital Lease-Caterpillar Tractor 5.50 2000 52,305
94,855 Capital Lease-Soil Compactor 5.75 2000 31,574249,500 Capital Lease-ReclaimerlStabilizer 5.89 2000 84,707155,000 Capital Lease-Excavating Machine 5.40 2002 155,000139,643 Capital Lease-Track Type Tractor 5.75 2000 68,23991,900 Capital Lease-Articulated Dump Truck 5.60 2001 91,900.- II 553,352 Capital Lease-IBM Main Frame 3.75 2002 539,532
Total Loans and Leases Payable 1,100,366
Total Bonded Debt and Loans and Leases Payable S 63,700,366
27
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 5 - GENERAL I ,ONf'_ TERM DEBT (continued) r;
A summary of long-term debt transactions of the County for the year ended December 31, 1999, follows:~
Balance Balance.. January I, December J1,1999 Additions Retirements 1999 ,~
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
i NOTE S - GENERAL LONe_TERM DEBT (continued)';j
Capital Lease - Purchase Allreemepts
MIS EquipmeptIn 1999, the County executed a lease-purchase agreement for an ffiM main frame.
Road & Bridle EquipmeptIn 1996, the County executed a lease-purchase agreement for a gradall. In 1997, the County executed alease-purchase agreement for a reclaimerlstabilizer. In 1999, the County executed a lease-purchaseagreement for a used heavy duty telescopic boom excavating and grading machine.
Lapdfill EquipmeptIn 1999, the County executed two lease-purchase agreements for a track type tractor and a usedarticulated dump truck.
Epgineeripg EquipmeptIn 1997, the County executed two lease-purchase agreements for a caterpillar tractor and a caterpillar soilcompactor.
Annual requirements to amortize capital leases outstanding as of December 31,1999, are as follows:
Year Principal
2000 $ 539,5092001 318,4132002 242,444
$ 1,100,366
$
Interest Total
55,211 $ 594,72024,547 342,960
9,220 251,664
88,978 $ 1,189,344$
Prior Year Advapced ReCugdipll oCC-eperal LOPIl-Term Debt
In 1993, the County defeased certain outstanding bonds and certificates of obligations by placing proceeds ofnew bonds in an irrevocable trust to provide Cor all future debt service payments on the old bonds.Accordingly, the respective trust account assets and the liability for the defeased bonds are not included in theCounty's financial statements. At December 31, 1999, approximately $28.8 million of previously refundedbonds outstanding are considered defeased.
Conduit Debt
The Fort Bend County Housing Finance Corporation is authorized to finance residential housing by issuingtax-exempt revenue bonds to acquire mortgage loans as security for the payment of the principal and interestof such revenue bonds. The tax-exempt bonds issued by the Corporation do not constitute a debt or pledge offaith of the Corporation, but are payable by the user pursuant to terms defined in the loan agreementunderlying each issue. During 1998, the corporation's first Single Family Mortgage Revenue Bonds (GNMAand FNMA Mortgage-Backed Securities Program) Series 1998 had been issued in the amount of $18,750,000.At December 31, 1999, the corporation's second Single Family Mortgage Revenue Bonds (GNMA and FNMAMortgage-Backed Securities Program) Series 1999A had been issued in the amount of $30,000,000.
29
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS
NOTE 6 -JNTERfJIND TRANSACTIONS
At December 31, 1999, the interfund receivables and payables were as follows:
I.terfu.dReceivable
Genenl Fund $ 14,800,128
Special Revenue Funds
Road and bridgeDrainage districtCounty law libraryAlternative dispute resolutionOWl video feeProbatc court trainingluvenile probation specialDistrict Attorncy supplemental salaryDistrict Attorncy bad check collcction fceRecords managementCounty Attorney supplementRecords management- CountyCourthouse securityTemporary emergency reliefEmergency food and shelter programEmergency management assistance programSummer food service programCommunity development block grant 96Community development block grant 98Community development block grant 99Home program 96Home program 97Emergency shelterCDaO housing rehabilitation 98CDaO housing rehabilitation 99Local law enforcement block grantGrant administrationPurchase of juvenile servicesluvenile incentive block grantRegional juvenile justice altemativesluvenile justice altemative educationluvenile probation state aidluvenile probation CCAPTJPC challenge grantAdult probation supervisionAdult probation DTPAdult probation CCPAdult probation TAIPVictims services program
2,010,595903,760
7,1003,550
415366
37,506
41546,48522,067
3,97917,278
16,0004,385
45,161
3,119,062
30
Exhibit 8
i.
I.'erfundPayable
s 143,002
7,511
8,888406
8,260
6153
1174
9212,000
1,5061,5001,005
33,500
12,633780
16,03120,155
59682268300
12
91413,100
21330,934
,, .
140,942
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
~;;~~~...~""~':-;:"'-~'.'""':";:'·-';::1 The operating transfers in and out during the year were as follows:,;,;,';:1· -.,;,.~.-:,~ Operadng Operadng• Trusfen In Transren Out
GeDeral Fund $ 19,227 $ 1,713,203
Spedal Revenue FundsRoad and Bridge 8,430Drainage district 127,995Asset forfeiture sheriff 86,534Juvenile probation special 2,119
~ Records management 3,086
~fl!"i Narcotics fund - Asset forfeiture federal 86,534Community development block grant 96 173,228Community development block grant 97 102,667Community development block grant 98 18,343 69,997Local law enforcement block grant 2,002Household NG waste collection grant 25,326Juvenile probation state aid 33,576 255Juvenile probation CCAP 10,011 2,106JP officer 10,345 4,090ISP officer 3,425 1,201Adult probation supervision 432,060Adult probation DTP 247,921Adult probation CCP 133,941 17,906Adult probation TAlP 67,583Victims services program 521
812,756 858,446
Debt Service FundsFBFCWSC Revenue Bonds Series 1989 74,020 844,086FBFCWSC Refunding Bonds Series 1999 898,185
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 7 - PENSION PLAN
A. Plan DescriptiOn.-.1
The County provides retirement, disability, and death benefits for all of its full-time employees through anontraditional defined benefit pension plan in the statewide Texas County and District Retirement System(TCDRS). The Board of Trustees of TCDRS is responsible for the administration of the statewide agentmultiple~ployer public employee retirement system consisting of 493 nontraditional defined benefit pensionplans. TCDRS in the aggregate issues a comprehensive annual financial report (CAFR) on a calendar year basis.The CAFR is available upon written request from the TCDRS Board of Trustees at P.O. Box 2034, Austin, Texas78768-2034.
The plan provisions are adopted by the goveming body of the employer, within the options available in the Texasstate statutes goveming TCDRS (TCDRS Act). Members can retire at ages 60 and above with eight or moreyears of service, with 30 years of service regardless of age, or when the sum of their age and years of serviceequals 75 or more. Members are vested after eight years of service but must leave their accumulated contributionsin the plan to receive any employer-financed benefit Members who withdraw their personal contributions in alump sum are not entitled to any amounts contributed by their employer.
Benefit amounts are determined by the sum of the employee's contributions to the plan, with interest, andemployer-financed monetary credits. The level of these monetary credits is adopted by the governing body of theemployer within the actuarial constraints imposed by the TCDRS Act so that the resulting benefits can be expectedto be adequately financed by the employer's commitment to contribute. At retirement, death, or disability, thebenefit is calculated by converting the sum of the employee's accumulated contributions and the employer·financed monetary credits to a monthly annuity using annuity purchase rates prescribed by the TCDRS Act.
B. [Undine PoUey
The employer has elected the annually determined contribution rate (ADCR) plan provisions of the TCDRS Act.The plan is funded by monthly contributions from both employee members and the employer based on thecovered payroll of employee members. Under the TCDRS Act, the contribution rate of the employer isactuarially determined annually. It was 10.85% for calendar year 1999. The contribution rate payable by theemployee members is the rate of 7% as adopted by the governing body of the employer. The employeecontribution rate and the employer contribution rate may be changed by the governing body of the employerwithin the options available in the TCDRS Act.
C. Annual Pensjon Cost
For the employer's accounting year ending December 31, 1999, the annual pension cost for the TCDRS plan forits employees and the actual contributions made were $4,793,578 for the County. Because all contributions aremade as required, no pension obligation existed at December 31. 1999.
The annual required contributions were actuarially determined as a percent of the covered payroll of theparticipating employees, and were in compliance with the GASB Statement No. 27 parameters based on theactuarial valuation as of December 31, 1997, the basis for determining the contribution rate for calendar year1999. The December 31, 1998 actuarial valuation is the most recent valuation.
33
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
Amortization period in yearsAsset valuation method
(I) includes inflation at the stated rate
Trend InformatiooFor the Retiremeot Plao for employees of Fort Beod Couoty, Texas
2,415,2302,621,4923,978,088
100%100%100%
Net PensiooObligationCalendar Year
199619971998
Annual PensionCost(APC)
PercentageContributed
ooo
D. Iraositiog Disclosure..~,:..,• It was determined in accordance with GASB Statement No. 27 that the pension liability was zero at the
transition to that statement effective January 1, 1999, because all actuarially required contributions for theaccounting years for the period January I, 1987 through December 31, 1998 have been paid. There was nopreviously reported pension liability before the transition. Therefore, the difference between the pensionliability at transition and the previously reported pension liability is zero.
rL
• ActuarialValuation Date Actuarial Value of
Dee. 3t IUsets
1996 55,504,149
1997 62,393,552
1998 70,992,113
Actuarial AccruedLiability Per_tagc Funded
71,755,194 77%
81,619,632 76%
91,966,911 77%
UnfundedActuarialAccruedliability(UAAL)
(UAAL) .. a fdAnnual Percentage ofCovered CoveredPayroll Payroll
34,259,680 47%.
36,611,571 530/.
41,246,995 51%
16,251,045
19,226,080
20,974,798
34
I..1
I,
~.."'. '"
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
i NOTE 8 - DEFERRED COMPENSATION PLAN·'·1I
The County offers all of its full-time employees a deferred compensation plan created in accordance withSection 457 of the Internal Revenue Code. The plan permits employees to defer a portion of their salary untilfuture years. The deferred compensation is not available to the employees until termination. retirement. death,or emergency.
NOTE 9 - RISK MANAGEMENT
The County is exposed to various risks related to torts: theft of, damage to, and destruction of assets; errorsand omissions; and natural disasters. The County's risk management program encompasses various means ofprotecting the County against loss by obtaining property. casualty, and liability coverage through commercialinsurance carriers. self insurance, and from participation in a risk pool. The participation of the County in therisk pool is limited to the payment of premiums. Settled claims have not exceeded insurance coverage in anyof the previous three fiscal years. There has not been any significant reduction in insurance coverage from thatof the previous year.
A, Health and Life Insurance Benefits
The County sponsors a modified self-insurance plan to provide healthcare benefits to employees and theirdependents. Transactions related to the plan are accounted for in an Internal Service Fund ("Fund").Employee contributions are required for certain personal coverage, and additional employee contributions arerequired for certain coverage of dependents. The medical benefit has a lifetime benefit of S I million while thedental benefit has an annual limit of S1,500 per covered employee or dependent. Settled claims have notexceeded insurance coverage in any of the previous three fiscal years. There has not been any significantreduction in insurance coverage from that of the previous year. Estimates of claims payable and of claimsincurred but not reported at December 31. 1999, are reflected as benefits payable of the Fund. Liabilitiesinclude an amount for claims that have been incurred but were not reported until after December 31, 1999.Because actual claims liabilities depend on such complex factors as inflation, changes in legal requirements.and damage awards. the process used in computing claims liability is an estimate. The plan is funded todischarge liabilities of the Fund as they become due. Claims liability activity for 1998 and 1999 was asfollows:
YearBeginning ofYear Accrual$ 1,386,476
EstimatedClaims
ClaimsPayments
End of YearAccrual
$ 6,549,360 $ 6,768,363 $ 1,167,4731998
35
..
FORT BEND COUNTY, TEXASNOTES TO FINANCIAL STATEMENTS Exhibit 8
NOTE 9 • RISK MANAGEMENT (contjnued)
B. Workers' Compensation Benefits
The County also sponsors another modified self-insurance plan to provide workers' compensation benefits tothe employees. This program is funded 100% by the County. Settled claims have not exceeded insurancecoverage in any of the previous three years. There has not been any significant reduction in insurancecoverage from that of the previous year. Liabilities include an amount for claims that have been incurred butwere not reported until after December 31, 1999. Because actual claims liabilities depend on such complexfactors as inflation, changes in legal requirements. and damage awards, the process used in computing claimsliability results in an estimate. Claims liability activity for 1998and 1999was as follows:
VearBeginning ofVear Accrual$ 514,396
EstimatedClaims
ClaimsPayments
End ofVearAccrual
$ 244,058 $ '13.565$ 243.2271998
NOTE 10 - POST RmREMENT HEALTH AND LIFE INSURANCE BENEFITS
In addition to providing pension benefits, the County provides medical insurance benefits, on a contractual basis,for employees who qualify in accordance to County policy with 30 or more years of service with the County,those who have worked 8 or more consecutive years and have reached the age of 60, or when the sum of their ageand years of service equals 75 or more. An employee who goes on disability retirement while employed by theCounty will also qualify. However, retirees are required to share the cost of the premiums for dependentcoverage. Excluding dependents, there are 140 retirees currently eligible in the program. The cost of suchbenefits is recognized as incurred. The estimated amount of medical claims paid for retirees and their dependentsin 1999 is $933,644.
NOTE 11 • CONTINGENT UABILITIES AND COMMITMENTS
The County is contingently liable with respect to lawsuits and other claims in the ordinary course of itsoperations. The settlement of such contingencies under the budgetary process would not materially affect thefinancial position of the County as of December 31, 1999.
NOTE 12 - REO,ASSIFICATION OF FUNDS
During 1999, the County reclassified three Agency funds to the Special Revenue fund category. Beginning fundbalances for these funds were increased in the amount of $24,000. Prior year memorandum totals were notadjusted for this amount.
L
..iL
36
,,",'j
~J,i,'.,- - !
.::1
APPENDIXC
FORM OF BOND COUNSEL'S OPINION
I.)
i.illl!ll 't!;..,~ ..i!I..-. ,
VINSON & ELKINSATIORNEYS AT LAW
VINSON & ELKINS L.L.P.2300 FIRST CITY TOWER
1001 FANNIN STREETHOUSTON, TEXAS 77002-6760
TELEPHONE (713) 758-2222FAX (713) 758-2346
WE HAVE ACTED as bond counsel for Fort Bend County. Texas (the "County"), inconnection with an issue of bonds (the "Bonds") described as follows:
FORT BEND COUNTY, TEXAS, UNLIMITED TAX ROAD BONDS, SERIES2001, dated March 15,2001, in the total authorized amount of $29,000,000.
The Bonds mature, bear interest, are subject to redemption prior to maturity, andmay be transferred and exchanged as set out in the Bonds and in the order adoptedby the Commissioner's Court of the County authorizing their issuance (the"Order").
WE HAVE ACTED as bond counsel for the sole purpose of rendering an opinion withrespect to the legality and validity of the Bonds under the Constitution and laws of the State ofTexas, and with respect to the exclusion of interest on the Bonds from gross income for federalincome tax purposes. We have not investigated or verified original proceedings, records, data orother material, but have relied solely upon the transcript of certified proceedings described in thefollowing paragraph. We have not assumed any responsibility with respect to the financialcondition or capabilities of the County or the disclosure thereof in connection with the sale of theBonds. Our role in connection with the County's Official Statement prepared for use inconnection with the sale of the Bonds (the "Official Statement") has been limited as describedtherein.
IN OUR CAPACITY as bond counseL we have participated in the preparation of andhave examined a transcript of certified proceedings pertaining to the Bonds which containscertified copies of certain proceedings of the County. customary certificates of officers, agentsand representatives of the County and other public officials and other certified showings relatingto the authorization and issuance of the Bonds. We have also examined executed Bond No. I-Iof this issue.
BASED ON SUCH EXAMINATION, IT IS OUR OPINION that the transcript ofcertified proceedings evidences complete legal authority for the issuance of the Bonds in fullcompliance with the Constitution and laws of the State of Texas presently effective and thattherefore the Bonds constitute valid and legally binding obligations of the County, and thattaxable property within the County is subject to the levy of ad valorem taxes, without legal limitas to rate, to pay the Bonds and the interest thereon.
r!,
THE RIGHTS OF THE OWNERS of the Bonds are subject to the applicable provisionsof the federal bankruptcy laws and any other similar laws affecting the rights of creditors ofpolitical subdivisions generally, and may be limited by general principles of equity which permitthe exercise of judicial discretion.
IT IS OUR FURTHER OPINION that:
(1) Interest on the Bonds is excludable from gross income for federalincome tax purposes under existing law.
(2) The difference between the amount payable at maturity of eachOriginal Issue Discount Bond (as defined in the OfficialStatement) and the "issue price" of such Bond (as stated in theOfficial Statement) is excludable from gross income for federalincome tax purposes as original issue discount under existing law.
(3) The Bonds are not "private activity bonds" within the meaning ofthe Internal Revenue Code of 1986, as amended (the "Code"), andinterest on the Bonds is not subject to the alternative minimum taxon individuals and corporations, except that interest on the Bondswill be included in the "adjusted current earnings" of a corporation(other than any S corporation. regulated investment company,REIT, REMIC or FASIT) for purposes of computing its alternativeminimum tax.
-.•.....~ .,
In providing such opinions, we have relied on representations of the County, the County'sfinancial advisor, and the Underwriter (as defined in the Order), with respect to matters solelywithin the knowledge of the County, the County's financial advisor. and the Underwriter,respectively, which we have not independently verified, and have assumed continuingcompliance with the covenants in the Order pertaining to those sections of the Code which affectthe exclusion from gross income of interest on the Bonds for federal income tax purposes. Ifsuch representations are determined to be inaccurate or incomplete or the County fails to complywith the foregoing provisions of the Order, interest on the Bonds could become includable ingross income from the date of original delivery. regardless of the date on which the eventcausing such inclusion occurs.
Purchasers of Original Issue Discount Bonds in the initial public offering are directed tothe discussion entitled "Tax Accounting Treatment of Original Issue Discount Bonds" set forthin the Official Statement for purposes of determining the portion of the original issue discountdescribed in paragraph (2) above which is allocable to the period such Bonds are held by anowner. The federal income tax consequences of the purchase. ownership. and redemption, sale.or other disposition of Original Issue Discount Bonds which are not purchased in the initial
L
public offering at the initial offering price may be determined according to rules which differfrom those described above and in the Official Statement.
Except as stated above, we express no opinion as to any federal, state or local taxconsequences resulting from the receipt or accrual of interest on, or acquisition, ownership, ordisposition of the Bonds.
Owners of the Bonds should be aware that the ownership of tax-exempt obligations mayresult in collateral federal income tax consequences to financial institutions, life insurance andproperty and casualty insurance companies, certain S corporations with Subchapter C earningsand profits, individual recipients of Social Security or Railroad Retirement benefits. taxpayerswho may be deemed to have incurred or continued indebtedness to purchase or carry tax-exemptobligations, and individuals otherwise qualifying for the earned income credit. In addition,certain foreign corporations doing business in the United States may be subject to the "branchprofits tax" on their effectively-connected earnings and profits (including tax-exempt interestsuch as interest on the Bonds).
The opinions set forth above are based on existing law, which is subject to change. Suchopinions are further based on our knowledge of facts as of the date hereof. We assume no dutyto update or supplement these opinions to reflect any facts or circumstances that may hereaftercome to our attention or to reflect any changes in any law that may hereafter occur or becomeeffective. Moreover, our opinions are not a guarantee of result and are not binding on theInternal Revenue Service (the "Service"); rather, such opinions represent our legal judgmentbased upon our review of existing law and in reliance upon the representations and covenantsreferenced above that we deem relevant to such opinions. The Service has an ongoing auditprograrn to determine compliance with rules that relatc to whether interest on state or localobligations is includable in gross income for federal income tax purposes. No assurance can begiven whether or not the Service will commence an audit of the Bonds. If an audit iscommenced, in accordance with its current published procedures the Service is likely to treat theIssuer as the taxpayer. We observe that the Issuer has co\cnanted in the Order not to take anyaction, or omit to take any action within its control. that if taken or omined. respectively, mayresult in the treatment of interest on the Bonds as includable in gross income for federal incometax purposes.
APPENDlXD
MUNICIPAL BOND INSURANCE SPECIMEN
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Exhibit A•
.,
FiDaIlciai Guaranty InsuranceCOIJIPlIIIY115 BroadwayNew York, NY 10006(212) 312-3000(800) 352·000 I
FiDaIlciai Guaranty Insurance Company ("F' '" a New York stock insurance company, inconsideratioa of the payment of the premi the terms of this Policy, hereby unconditionally andirrevocably agrees to pay to State S Trust Company, N.A., or its successor, as its agent (the"Fiscal Agent"), fur the benefit of Bondho , that portion of the principal and interest on the above-describeddebt obligations (the "Bonds") which shall become Due for Payment but shall be unpaid by reason ofNonpayment by the lasuer.
Financial Guaranty will make such payments to the Fiscal Agent on the date such principal or interest becomesDue fur Payment or on the Business Day next following the day on which Financial Guaranty shall havereceived Notice of Nonpayment, whichever is later. The Fiscal Agent will disburse to the Bondholder the faceamount of principal and interest which is then Due fur Payment but is unpaid by reason of Nonpayment by theIssuer but only upon receipt by the Fiscal Agent, in form reasonably satisfactory to it, of (i) evidence of theBondholder's right to receive payment of the principal or interest Due for Payment and (il) evidence, includingany appropriate instruments of assignment, that all of the Bondholder's rights to payment of such principal orinterest Due for Payment shall thereupon vest in Financial Guaranty. Upon such disbursement, FinancialGuaranty shall become the owner of the Bond, appurtenant coupon or right to payment of principal or intereston such Bond and shall be fully subrogated to all of the Bondholder's rights thereunder, including theBondholder's right to payment thereof.
This Policy is non-cancellable for any reason. The premium on this Policy is not refundable for any reason,including the payment of the Bonds prior to their maturity. This Policy does not insure against loss of anyprepayment premium which may at any time be payable with respect to any Bond.
•.,..
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As used herein, the term "Bondholder" means. as to a particular Bond, the person other than the Issuer who, atthe time of Nonpayment, is entitled under the terms of such Bond to payment thereof. "Due for Payment"means, when referring to the principal of a Bond, the stated maturity date thereof or the date on which the sameshall have been duly called for mandatory sinking fund redemption and does not refer to any earlier date onwhich payment is due by reason of call for redemption (other than by mandatory sinking fund redemption),acceleration or other advancement of maturity and means, when referring to interest on a Bond. the stated date
iFGlC is a registered service mad used by Fi.D.ancialGUll'lDtY Iasurmce Compally UBdu license iom ill parent COInp&ny, FGIC COJ'POflItioo.fum 9000 ( I0193) Page 1 of 2
FiDaDcial Guaranty InsuranceCompanyUS BroadwayNew York, NY 10006(212) 312·3000(800) 352-000 I
AGE CSp/la/ ~
Municipal BondNew Issue Insurance Policy
for payment of interest. "Nonpayment" in respect of a Bond means the fiIiIure of the Issuer to have providedsufficient funds to the payin8 agent for payment in full of all principal~' terest Due for Payment on suchBond. "Notice" means telepholtic or telelllllphic notice, Subseq~ in writing, or written notice byregistered or certified mail, from a Bondholder or a payin e Bonds to Financial Guaranty."Business Day" means any day other than a Saturday, S=~ on which the Fiscal Agent is authorizedby law to remain closed. r \~~In Witness Whereot; Financial Guaranty~G~~liCY to be affixed with its corporate seal and to besigned by its duly authorized officer in ~ effective and binding upon Financial Guarsnty byvirtue of the countersignature of its duly au teprcSCIIlative.
Effective Date: Authorized aepresentalive
~, ,~. "
State Street Bank and Trust Company, N.A., acknowledges that it has agreed to perform the duties of FiscalAgent under this Policy.
Authorized Officer
FGlC is a regiSla'ed service mark used by FiDIDcia1Gummy InsuraDc:e Compuy UDder licmsc from its puaal ccmpaa.y, FGle Corpontian.Fann9000(10l93) Page2of2
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FiDancial GWIIlIIlty !DsuraDl:eCompany115 BroadwayNew York, NY 10006(212) 312·3000(800) 352-000 I
Policy Number: cou~er: 0010001~~,.....,.---~~~---It is further W1derstood that the term "Nonpayment" in oDd includes any payment of principal orinterest made to a Bondholder by or on beba~f of s h Bond which bas been recovered from suchBondholder pursuant to the United States B by a trustee in bankruptcy in accordance with afina1, nonappealable order of a court ba~~ JUrisdictiou.
NOTHING HEREIN SHALL BE CON~D TO WAIVE, ALTER, REDUCE OR AMEND COVERAGEIN ANY OTHER SECTION OF THE POUCY. IF FOUND CONTRARY TO THE POUCY LANGUAGE,THE TERMS OF TInS ENDORSEMENT SUPERSEDE THE POUCY LANGUAGE.
In Witness Whereof, Financial GWIIlIIltybas caused this Endorsement to be affixed with its corporate seal and tobe sisned by its duly authorized officer in filcsimiIe to become effective and binding upon Financial Guaranty byvirtue of the countersignature of its duly authorized representative.
President
ElIective Date: Authorized Representative,-: .
Acknowledged as of the ElIective Date written above:
Authorized OllicerState Street Bauk and T ......t Company, N.A" as Fiscal Agent
FGIC is a registered service mark used by FiDaDcial Guaramy lDsurancc Cottlf*y UDder license &om its parmt company. FOle CorporatiOlLFormE-0002 (10193) Page I of 1
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Financial Advisory ServicesProvided By
INvEsTMENT BANKERS
A GE Capital Company
TX DISCLOSURE OF GUAR. FUND NONPARTJaPA1ION FGICIn the event the insurer Is unable tofuIIi II its contractual obligation underthIs policy or contract or application orcertificate or evidence of coverage, thepolicyholder or certificateho'der Is notprotected by an insurance guaranty fundor othersolvencyprotection arrangement.
,,
Financial Guaranty InsuranceCompany115 BroadwayNew York, NY 10006(212) 312-3000(800) 352-000 I
Municipal BondNew Issue Insurance Policy
Issuer: Fort Bend County, Texas Policy Number: 01010271
Control Number: 0010001-..~Bonds: $29,000,000 in aggregate principal amount of
Unlimited Tax Road Bonds, Series 2001Premium: $64,238.30
Financial Guaranty Insurance Company ('Financial Guaranty"), a New York stock insurance company, inconsideration of the payment of the premium and SUbjectto the terms of this Policy, hereby unconditionally andirrevocably agrees to pay to State Street Bank and Trust Company, N.A .. or its successor, as its agent (the "FiscalAgent"), for the benetit of Bondholders, that portion of the principal and interest on the above-described debtobligations (the 'Bonds') which shall become Due for Payment but shall be unpaid by reason of Nonpayment by the
Issuer.
Financial Guaranty will make such payments to the Fiscal Agent on the date such principal or interest becomes Duefor Payment or on the Business Day next following the day on which Financial Guaranty shall have received Noticeof Nonpayment, whichever is later. The Fiscal Agent will disburse to the Bondholder the face amount of principaland interest which is then Due for Payment but is unpaid by reason of Nonpayment by the Issuer but only uponreceipt by the Fiscal Agent, in form reasonably satisfactory to it, of (i) evidence of the Bondholder's right to receivepayment of the principal or interest Due for Payment and (ii) evidence, including any appropriate instruments ofassignment, that all of the Bondholder's rights to payment of such principal or interest Due for Payment shallthereupon vest in Financial Guaranty. Upon such disbursement, Financial Guaranty shall become the owner of theBond, appurtenant coupon or right to payment of principal or interest on such Bond and shall be fully subrogated toall of the Bondholder's rights thereunder, including the Bondholder's right to payment thereof.
This Policy is non-cancellable for any reason. The premium on this Policy is not refundable for any reason,including the payment of the Bonds prior to their maturity. This Policy does not insure against loss of anyprepayment premium which may at any time be payable with respect to any Bond.
-~
As used herein, the term 'Bondholder" means, as to a particular Bond, the person other than the Issuer who, at thetime of Nonpayment, is entitled under the terms of such Bond to payment thereof. 'Due for Payment" means,when referring to the principal of a Bond, the stated maturity date thereof or the date on which the same shall havebeen duly called for mandatory sinking fund redemption and does not refer to any earlier date on which payment isdue by reason of call for redemption (other than by mandatory sinking fund redemption), acceleration or otheradvancement of maturity and means, when referring to interest on a Bond, the stated date for payment of interest.'Nonpayment' in respect of a Bond means the failure of the Issuer to have provided sufficient funds to the payingagent for payment in full of all principal and interest Due for Payment on such Bond. 'Notice' means telephonic ortelegraphic notice, subsequently confirmed in writing, or written notice by registered or certified mail, from aBondholder or a paying agent for the Bonds to Financial Guaranty: "Business Day" means any day other than a
. ,
FGlC is a re istered service mark used b Financial Guaran Insurance Com an under license from its enecom an . FGIC Co ration.Form 9000 (10/93) Page 1 of 2
Financial Guaranty InsuranceCompany115 BroadwayNew York, NY 10006(212) 312-3000(800) 352.()()()1
FGIC
A GE Capital Company
Municipal BondNew Issue Insurance Policy
Saturday. Sunday or a day on which the Fiscal Agent is authorized by law to remain closed.
In Witness Whereof,· Financial Guaranty bas caused this Policy to be afftxed with its corporate seal and to be signedby its duly authorized officer in facsimile to become effective and binding upon Financial Guaranty by virtue of thecountersignature of its duly authorized representative.
,[J~~Q~President
Effective Date: May 2, 2001
J~11~1-Authorized Representative
State Street Bank and Trust Company, N.A., acknowledges that it has agreed to perform the duties of FiscalAgent under this Policy.
Authorized Offtc:er
FGIC is a registered service mark. used by Financial Guaranty Insurance Company under license from its parent company. FGIC Corporation.Form 9000 (10/93) Page 2 of 2
Financial Guaranty InsuranceCompany115 BroadwayNew Yorlc, NY 10006(212) 312-3000(800) 352-0001
It is further understood that the term "Nonpayment" in respect of a Bond includes any payment of principal. orinterest made to a Bondholder by or on behalf of the issuer of such Bond which has been recovered from suchBondholder pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with a fmal.nonappealable order of a court having competent jurisdiction.
NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE, ALTER, REDUCE OR AMEND COVERAGE INANY OTHER SECTION OF THE POLICY. IF FOUND CONTRARY TO THE POLICY LANGUAGE, THETERMS OF THIS ENDORSEMENT SUPERSEDE THE POLICY LANGUAGE.
In Witness Wbereof, Financial Guaranty has caused this Endorsement to be affIXed with its corporate seal and to besigned by its duly authorized officer in facsimile to become effective and binding upon Financial Guaranty by virtueof the countersignatnre of its duly authorized representative.
B~~~President
Effective Date: May 2, 2001
1J4~(-luJ-Authorized Representative
Acknowledged as of the Effective Date written above:
Authorized OfficerState Street Bank and Trust Company, N.A., as Fiscal Agent
FGIC is a registered servi,e mark used by Financial Guaranty Insurance Company under license from its parent comoany. pale Corporation.Form E-oo<J2(10/93) Page 1 of 1
•FGIC\,'\\ \1011. \ \ InlJl!tl
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A GE Capit1J1 Company_ )L" _
May 2,2001
Fort Bend CountyRichmond, Texas
Loop Capital Markets, LLC, asRepresentative ofthe Underwriters
Chicago, Illinois
Re: $29,000,000 in aggregate principal amount of Fort Bend County, TexasUnlimited Tax Road Bonds, Series 2001
Ladies and Gentleman:
I am Counsel of Financial Guaranty Insurance Company ("Financial Guaranty"), andhave been requested to render an opinion concerning the issuance by Financial Guarantyof its Municipal Bond New Issue Insurance Policy (the "Policy") in connection with theissuance of the captioned obligations (the "Bonds"). I have examined such documentsand records as I have deemed relevant for purposes of this opinion, including (a) theCertificate of Incorporation of Financial Guaranty, including all amendments thereto, (b)the amended By-laws of Financial Guaranty as in effect on the date hereof, (c) thecertificate of authority issued to Financial Guaranty by the Superintendent of Insurance ofthe State of New York, (d) the certificate of authority issued to Financial Guaranty by theCommissioner of Insurance of the State of Texas, (e) the executed Policy and (f) thestatements in the Official Statement dated March 29, 2001 relating to the Bonds (the"Official Statement") under the caption "MUNICIPAL BOND INSURANCE".
On the basis of the foregoing, it is my opinion that:
(I) Financial Guaranty is a stock insurance corporation validly existing and in goodstanding under the laws of the State of New York and qualified to do businesstherein and is licensed and authorized to issue its financial guaranty insurancepolicies under the laws of the State of Texas.
Filli.uu'ial (~lll.mUU\· hbllnUII'('
Company .
"1May 2, 2001Page 2
(2) The Policy is valid and binding upon Financial Guaranty and enforceable inaccordance with its terms, subject to applicable laws affecting creditors' rightsgenerally.
(3) Financial Guaranty, as an insurance company, is not eligible for relief under theFederal Bankruptcy Laws. Any proceedings for the liquidation, conservation orrehabilitation of Financial Guaranty would be governed by the provisions of theInsurance Law of the State of New York.
(4) The statements described above in the Official Statement relating to FinancialGuaranty and the Policy accurately and fairly present the summary informationset forth therein and do not omit any material fact with respect to the descriptionof Financial Guaranty relative to the material terms of the Policy or the ability ofFinancial Guaranty to meet its obligations under the Policy.
Very truly yours,
Judith L. HartCounsel
/dad
01010271
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l"IIIP;III\
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•FGIG\,-\\ \"rk. \ \ Ill(l(!tl
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A GE Capital Company
_'!--------------
,..•May 2, 2001
Fort Bend CountyRichmond, Texas
ii~',! Vinson & Elkins L.L.P.
Houston, Texas
Re: $29,000,000 in aggregate principal amount of Fort Bend County, TexasUnlimited Tax Road Bonds, Series 2001
Ladies and Gentlemen:
In connection with the issuance of the above-referenced obligations (the "Bonds"),Financial Guaranty Insurance Company ("Financial Guaranty") is issuing a municipalbond insurance policy securing the payment of principal and interest on the Bonds (the"Insurance Policy").
This letter is to advise you that, as more fully set forth in the Insurance Policy, (i) theInsurance Policy is an unconditional and recourse obligation of Financial Guaranty(enforceable by or on behalf of the holder of the Bonds) to pay scheduled principal andinterest on the Bonds when due in the event of a failure to so pay by the Fort BendCounty, Texas (the "Issuer"); (ii) the insurance premium is a charge for the transfer ofsubstantially all of the credit risk for the payment of principal and interest on the Bonds;(iii) except for payments under the Insurance Policy in the case of a failure to pay by theIssuer, there is no obligation to pay any amount of principal or interest on the Bonds (A)by Financial Guaranty, (B) by any person related to Financial Guaranty (within themeaning of section 1.150-1(b) of the Income Tax Regulations), (C) by any entity ofwhich Financial Guaranty owns more than ten percent (by fair market value) of itsbeneficial ownership interests, or (D) by any entity which owns more than 10 percent (byfair market value) of the beneficial ownership interests of Financial Guaranty; and (iv)except for the premium paid to Financial Guaranty for the Insurance Policy, FinancialGuaranty (and any related party within the meaning of section 1.150-1 (b) of the IncomeTax Regulations) will not use any portion of the Bond proceeds. Further, FinancialGuaranty does not reasonably expect to make payments under the Insurance Policy otherthan under a direct-pay letter of credit or similar arrangement for which Financial
Villi.llWial (dlilrtllll\ 11l,~llnll]l'I'
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May 2, 2001Page 2
Guaranty will be reimbursed immediately, and, in the event of any such payment,Financial Guaranty will immediately become subrogated to the rights of the Bondholdersto receive the full amount of such payment. Financial Guaranty is reasonably assured(based on a binding obligation of an entity with sufficient funds) that sufficient funds willbe available to fully retire the Bonds in the event the Issuer fails to pay scheduledprincipal and interest on the Bonds when due.
In addition, this letter is to advise you that (i) the premium paid for the Insurance Policydoes not include any payment (A) for any direct or indirect services other than thetransfer of credit risk, (B) for the provision of additional services by Financial Guaranty,or (C) for a cost, risk or other element that is not customarily borne by insurers of tax-exempt bonds (in transactions in which the guarantor has no involvement other than asguarantor); (ii) the premium paid includes the overhead costs of Financial Guaranty, suchfees paid by Financial Guaranty to maintain its ratings, and other costs that are taken intoaccount in the formulation ofthe rate structure; (iii) no portion of such premium is apayment for costs of issuance on the Bonds (including rating agency fees, the cost ofunderwriting or remarketing the Bonds, and the cost of insurance for casualty to Bond-financed property), and, if the requirements of section 1.148-2(e)(2) of the Income TaxRegulations (relating to temporary periods for capital projects) are not satisfied, FinancialGuaranty is reasonably assured that the Bonds will be repaid if the project to be financedby the Bonds is not completed. Further, the Issuer is not entitled to a refund of anyportion of the premium for the Insurance Policy in the event a Bond is retired before itsfinal maturity date.
This is to ad\lise YOll tbal we have changed the rating to 'AM' from 'M' on the II1bjec:tbonds.
The rlliDl chup reflects wr usaSlnl!llt of tile Jiklllihood ofrepaYlIIl!lIt o!principal and interest baaedan the bond iulIUUCe polie;y yOW' company is providina.
When usl.. the SIIIIdard ol Poor's llltin& inoIud. the de&itiou of the ratina toaether with • statementthat this 1liiy be tlhlftpd, .!speDdod orwi1:lldrawn as.result ofeJwwr ill, ClI' wavaiIlblllty of;inlbtmation. ThiI ratillI is net. ''nwbt tatiq", 11 'lie it is aot a _endII:ion to buy, hold or sellthe obliptions.
[(you ha1fe aoy qlltlStioul, please contact us,
99 Ch= SlreetN.., 'rtlrk. New ltl'* ,0007
MAy 2. 2001
Financial Guaranty Insur.mce COMp;lllY115 BrollllwayNewYoIk. New York 10006
MllIXly's lnvestors service has asioiancd thc ratin" of Au (Financial GLlilTallly InsuranceCompany lMUre<!. Policy No. 01010271) to !be S2!1.OOO.OOO.OOForl Rend COUIlC)',Teus-lJnlimited TllX Road DoDds, Series 2001. datellAprill, :Z001which sold tbJo~negotiation on Mlrch 211.2001. The renn!: is baR<1 upon an in~\lI2l1ccpolicy p,ovidcd by
Financial Uuarurty 1JlsUnIIll:cCompllllY·
Sh(luld you have any qucstions rcgardin; !be _bove, ple~5edo not hesitate In contal.'t the _geedanaly~t. MiOlilllCl Kessler at (212) 553· 7884.
MargaretlClIKKlerVice President andSenior AnalyKl
-,II
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NOn L. i AI 2 ;.
I hereby certify that this Bond has been examined, certified as to validity, and approved"1 by the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.U::l :~>} 2001
WITNESS MY SIGNATURE AND SEAL this _
(SEAL)
SPECIMEN
."4.",'
UNITED STATES OF AMERICASTATE OF TEXAS
COUNTY OF FORT BEND
REGISTEREDNUMBERI-I
REGISTEREDDENOMINA nON$29,000,000
FORT BEND COUNTY, TEXASUNLIMITED TAX ROAD BOND
SERIES 2001
INTEREST RATE:As Shown Below
MATURITY DATE:As Shown Below
ISSUE DATE:April I, 200 I
REGISTERED OWNER: LOOP CAPITAL MARKETS, LLC
PRINCIP AL AMOUNT: TWENTY -NINE MILLION DOLLARS
.,':11,
Fort Bend County, Texas (the "Co romises to pay to the registered owneridentified above, or registered assigns, tion and surrender of this Bond at TheChase Manhattan Bank (the "Re . ·ncipal payment office in Dallas, Texas, theprincipal amount identified a 10 any coin or currency of the United States ofAmerica which on the date of such principal is legal tender for the payment of debtsdue the United States of and to pay interest thereon, calculated on the basis of a 360day year of twelve 30 day months, from the later of April I, 200 I, or the most recent interestpayment date to which interest has been paid or duly provided for, with such principal to be paidin installments on March I in each of the years and in the principal amounts identified in thefollowing schedule and with such installments bearing interest at the per annum rates set forth inthe following schedule:
Interest on this Bond is payable by check on September I, 200 I, and semiannually thereafter oneach March I and September I, mailed to the registered owner as shown on the books ofregistration kept by the Registrar as of the close of business on the 15th day of the calendarmonth next preceding each interest payment date.
THIS BOND is one of a duly a f Bonds, aggregating $29,000,000 (the"Bonds"), issued for the p , purchase, maintenance, and operation ofmacadamized, graveled and p pikes, and the aid therefor, issued under Section52, Article III, Texas Constitu .. and laws enacted under the Constitution, by the authority ofan election held for and within the County on November 7, 2000, and pursuant to an orderadopted by the Commissioners Court (the "Order"), which Order is of record in the officialminutes of the Commissioners Court.
THE COUNTY RESERVES THE RIGHT to redeem the Bonds scheduled to mature onor after March I, 2011, prior to maturity, in whole or from time to time in part, in integralmultiples of $5,000, on March I, 20 I0, or any date thereafter at a price of par plus accruedinterest on the principal amounts called for redemption to the date fixed for redemption.Reference is made to the Order for complete details concerning the manner of redeeming the
Bonds.
-..~'
;: NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior to thedate fixed for redemption by first class mail. addressed to the registered owners of each Bond tobe redeemed in whole or in part at the address shown on the books of registration kept by theRegistrar. When Bonds or portions thereof have been called for redemption, and due provision
.. has been made to redeem the same, the amounts so redeemed shall be payable solely from thefunds provided for redemption, and interest which would otherwise accrue on the amounts calledfor redemption shall terminate on the date fixed for redemption.
THIS BOND is transferable only upon presentation and surrender at the principalpayment office of the Registrar in Dallas, Texas, duly endorsed for transfer or accompanied byan assignment duly executed by the registered owner or his authorized representative, subject tothe terms and conditions of the Order.
THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges andagrees to be bound by an the terms and conditions of the Order.
THE COUNTY has covenanted in the Order that it will at all times provide a legallyqualified registrar for the Bonds and will cause notice of any change of registrar to be mailed toeach registered owner.
;:,',,
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validlyissued and delivered; that all acts, conditions and things required or proper to be performed, toexist and to be done precedent to or in the issuance and delivery of this Bond have beenperformed, exist and have been done in accordance with law; and that annual ad valorem taxes,without legal limit as to rate or amount, sufficient to provide for the payment of the interest onand principal of this Bond, as such interest comes due and such principal matures, have beenlevied and ordered to be levied against all taxable property in the County.
IN WITNESS WHEREOF, this Bond hsignature of the County Judge, countersignCounty Clerk, registered by the manual orofficial seal of the County has been dul
igned with the manual or facsimilemanual or facsimile signature of the
signature of the County Treasurer, and the, or placed in facsimile, on this Bond.
Financial Guaranty Insurance Company ("Financial Guaranty") has issued a policy containingthe following provisions with respect to Fort Bend County, Texas, Unlimited Tax Road Bonds,Series 2001 (the "Bonds"), such policy being on file at the principal office of the Paying Agent(the "Paying Agent"): The Chase Manhattan Bank, Houston, Texas.
Financial Guaranty hereby unconditionally and irrevocably agrees to pay for disbursement to theBondholders that portion of the principal of and interest on the Bonds which is then due forpayment and which the issuer of the Bonds (the "Issuer") shall have failed to provide. Due forpayment means, with respect to principal, the stated maturity date thereof, or the date on whichthe same shall have been duly called for mandatory sinking fund redemption and does not referto any earlier date on which the payment of principal the Bonds is due by reason of call forredemption (other than mandatory sinking fund r n), acceleration or other advancementof maturity, and with respect to interest, the s, ayment of such interest.
Upon receipt of telephonic or te ce, subsequently confirmed in writing, or writtennotice by registered or certifi om a Bondholder or the Paying Agent to FinancialGuaranty that the required paymen f principal or interest has not been made by the Issuer to thePaying Agent, Financial Guaranty on the due date of such payment or within one business dayafter receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in anaccount with State Street Bank and Trust Company, N.A., or its successor as its agent (the"Fiscal Agent"), sufficient to make the portion of such payment not paid by the Issuer. Uponpresentation to the Fiscal Agent of evidence satisfactory to it of the Bondholder's right to receivesuch payment and any appropriate instruments of assignment required to vest all of suchBondholder's right to such payment in Financial Guaranty, the Fiscal Agent will disburse suchamount to the Bondholder.
As used herein the term "Bondholder" means the person other than the Issuer or the borrower(s)of bond proceeds who at the time of nonpayment of a Bond is entitled under the terms of such·Bond to payment thereof .
..:; The policy is non-cancellable for any reason.
FINANCIAL GUARANTY INSURANCE COMPANY
ASSIGNMENT
For value received, the undersigned hereby sells, assigns, and transfers unto
(Please print or type name, address, and zip code sferee)
(Please insert Social Security or Taxpayer Idthe within Bond and all rights thereunder, ocably constitutes and appoints
~ f" attorney to transfer said=BO""o-n--:d-o-n"""'thO""e"""'b:-o-o""'ks---:-k-ep-t--:fo:-r-re-gt"""":-str-a-t-:-io-n-th:-er-eo1"'wfthfull power of substitution in the premises.
DATED: _
.~ Signature Guaranteed:..~
NOTICE: Signature must beguaranteed by a member firm of theNew York Stock Exchange or acommercial bank or trust company .
Registered OwnerNOTICE: The signature above mustcorrespond to the name of the registeredowner as shown on the face of thisBond in every particular, withoutany alteration, enlargement or changewhatsoever.
•••;;9
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO. AGENDA COORD -COUNTY JUDGE'S OFFICE
COURT AGENDA DATE. 5/22/01
SUBMITTED BY: Ann WerlemDEPARTMENT: County JudgePHONE NO.:
DATE SUBMITTED. 5/14/01
RENEWAL CONTRACT/AGREEMENT. Yes () No (v')
SUMMARY OF ITEM: D,scuss and consIder approvmg payment to bond counsel for the Issuance of the GeneralObhgabon Bonds, Senes 2001 m the amount of $27,200 for professIOnal services and $3,223.34In reimbursable expenses
LIST SUPPORTING DOCUMENTS ATTACHED
N/A o
FINANCIAL SUMMARY:
BUDGETED ITEM ANNUALIZED DOLLARS. COMMENTS:
Yes () No 0 N/A () One TIme ()
Fundmg SourceFund Agency Object
Recurnng 0
CC with back up:yes (-I' )Auditoryes ( -I')Budget Officeryes ( -I')County Attorneyyes ( -I')Purchasing Agentyes (0/ )County Clerk
Onginal Form Submitted with back up to County Judge's Office: Yes ()
InstructIOns for submlttlOg dO Agend.l Reque~t
I Completely fill out agenda form, mcomplete forms WIll not be processed.2 Fax or mter-office copies of agenda form With all back up mformat'on by Wednesday at 2'00 p m. to the departments
hsted above3 All ongmal back-up must be receIved 10 the County Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION / ACTION REQUESTED:
ATTORNEYS AT LAW
I pr:~r- '-·0 Ir,lAY 0 7 2001
trY1
Vinson &ElkinsVINSON & ELKINS L L P
2100 FIRST CITY TOWER
100 I FANNIN STREET
HOUSTON, TEXAS 77001-6760TELEPHONE (713) 758-2222
FAX (71 3) 758-2346
May 1, 2001
The Honorable James C AdolphusFart Bend County Judge301 JacksonRJchmond, TX 77469
Dear Mr Adolphus
Enclosed you WIll find our InVOIce for servIces In connectIon wIth the Issuance of the$29,000,000 Fort Bend County, TX UnlImIted Tax Road Bonds, Senes 2001
We apprecIate the opportumty to represent Fort Bend County, TX wIth the Issuance of Itsbonds and look forward to workIng wIth you and your staff In the future
SIncerely,
OU03-j ()()~ 1-1Endo'>un.
HOUSTON AUSTIN BFljltJ(, , ,
Ivmson &:-,--"u~.lnSATTORNEYS AT LAW
v '\S':N & EL.(INS L L P
HCUST0N A~S-IN BEJI!'.c' CALLAS l':-N:::CN MOSCOW NEW (ORK SINGAPORE WASHINGiGi'><DC
Aprtl 30, 2001
Fort Bend County, Texas500 JacksonRichmond, TX 77469
Chent/Matter NumberInvoice NumberBllhng Attorney
FOR795 0020120184168Frank E McCreary
Fee for services as bond counsel in connection With the Issuance of the $29,000,000 Fort BendCounty, TX Unlimited Tax Road Bonds, Series 2001
$27,200.00
Disbursements and other charges posted through Aprtl 30, 2001
TravelBusiness MealsComputer Legal ResearchPhotocopyCourter ServicesTelefaxOutside ProfeSSional ServicesLong Distance Telephone
109864892
36753177 453445222900
1,9350011 06
Total disbursements and other charges 3,22334
TOTAL AMOUNT DUE $30,42334
Total amount (payable In U S. dollars) due by June 5, 2001
Please reference account andIr1VOlce numbers when remitting
IRS NO 741183015 ;:>L.="SE RE\n\T Te a C' BOX :;;0· _HCUSTCN ~E'<AS 7~::: ~
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO AGENDA COO RD.-COUNTY JUDGE'S OFFICE
DATE SUBMITTED: 5/14/01 SUBMITTED BY: Ann WerlemDEPARTMENT: County JudgePHONE NO.'
AGENDAITE~# '\ fCOURT AGENDA DATE 5/22/01
SUMMARY OF ITEM: Authonze payment to W J Interests m the amount of $7,425 for March 9-April8, 2001 forconsultmg services as approved hy the FBC Tollroad Authority. (Fund 220-045-2025-4010)
RENEWAL CONTRACT/AGREEMENT. Yes() No()
LIST SUPPORTING DOCUMENTS ATTACHED
FINANCIAL SUMMARY:
BUDGETED ITEM' ANNUALIZED DOLLARS. COMMENTS
Yes (v') No() N/A() One T,me ()
Fundmg SourceFund 220 Agency 045 OhJect 4010
Recurnng ()N/A ()
Original Form Submitted with back up to County Judge's Office: Yes ( )
CC with back up:yes (v' )Auditoryes ( v')Budget Officeryes ( '/)County Attorneyyes ( v')Purchasmg Agentyes (v' )County Clerk
Completely fill out agendJ form, Incomplete forms will not be processed2 Fax or mter-office cop.es of agenda form WIthall back up mformatIon by Wednesday at 2'00 p.m to the departments
hsted above3 All ongmal back-up must be received 10 the County Judges Office by 2'00 p.m. on Wednesday.
RECOMMENDATION / ACTION REQUESTED:
FORT BEND COUNTY TOLL ROAD AUTHORITY
May 3, 2001
\ fU:~~"':::DII
. MAY 0 7 Z001 \'ff-Wl i:li:IVU\'vlJl~ I Y JuDGE
The Honorable Judge Jim AdolphusFort Bend County JudgeCounty Courthouse500 JacksonRichmond, Texas 77469
Re Fort Bend County Toli Road Authonty
Dear Judge Adolphus
The enclosed InVOiCesfor work performed by consultants and/or contractors for the Fort Bend County TollRoad Authonty ("FBCTRA") have been revIewed by the FBCTRA Bill RevIew Comrruttee The mVOIceswere discussed at the May 3, 2001, regular meetmg of the FBCTRA Board of DIrectors and approved forpayment
We request that you place thIS Item on the Fort Bend County CommIssIOners Court agenda for approvalat the next regulary scheduled meetmg
Very truly yours,
Enclosures
8552 Katy Freeway, Suite 122Houston, Te\as 77024.1804
[713) 984 1395 [7131984.1390 Fax 1713182'7.0649
~~~~~--~~_.- - - ~
WJInterests, LLCFrnancwl AdvIsors
Offices at Kensington1600 Highway 6, SUite 170Sugar Land,Texas 7747B
Tel 2B 1 634 9400Fax 2B1 6349406
em ail WJ@wJlnterests comweb wwwwJlnterests com
Apn19,2001
INVOICEMarch 9,2001 - April 8, 2001
r uf~ Bend Cvu~1t) T 0n Road ALl.thvIit.)c/o Vmson & Elkms3300 First City Tower, 27th Floor1001 FannmHouston, TX 77002-6760
Atm Justme Cherne
Services performed during period:
;;.. CoordmatlOn with Authonty, Fort Bend County, HCTRA and TxDOT;;.. GEC negotiatIOns with TC &B 3/12, 3/16, 3/28;;.. Board meetmg and preparatIOn of reports 3/8, 4/5:;... AnalysIs of GEC contract and diSCUSSionswith Board members, ReView of West park Investment Grade Study contracts and negotiatIOns with TC &B
and Wilbur Smlth & Assoc, Meetmgs with HCTRA regardmg \Vestpark ROW approach, Work on fundmg reqUlrements for pre-bond fundmg (Ft Bend Parkway and
Westpark), Commissioners Court meetmg for Westpark, Meetings wIth workIng group for GEe contract and \\lestpark contracts
Total hours this penod 405
Total Hours this Quarter 94
Due Per Contract - Base Fee (60 hrs)Excess Hours for Quarter 34@ $137.50
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO. AGENDA COO RD.-COUNTY JUDGE'S OFFICE
COURT AGENDA DATE 5/22/01
SUBMITTED BY: Ann WerlemDEPARTMENT. County JudgePHONE NO.:
AGENDA
ITEM F# f\
DATE SUBMITTED 5/14/01
RENEWAL CONTRACT/AGREEMENT. Yes() No()
SUMMARY OF ITEM: Authorize payment to LJA Engmeermg & Surveymg 10 the amount of $6,650 for right of waymapplOg for Fort Beod Parkway ProJect, Phase A as approved hy the FBC TollroadAuthority. (Fund 220-045-2025-4010)
LIST SUPPORTING DOCUMENTS ATTACHED'
BUDGETED ITEM ANNUALIZED DOLLARS COMMENTS:
FINANCIAL SUMMARY:
Yes("') NoO N/AO One TIme ()
Fundmg SourceFund 220 Agency 045 Object 4010
Recurrmg 0N/A 0
CC with back up:yes (.,( )Auditoryes ( .,()Budget Officeryes ( .,()County Attorneyyes ( .,()Purchasing Agentyes ('" )County Clerk
Original Form Submitted with back up to County Judge's Office: Yes ()
InstructIOns for subm,ttmg an Agenda Request
1 Completely fill out agenda form, mcomplete forms \\,11 not be processed2 Fax or IOter-office copIes of agenda form ,,,th all hack up IOformatlOn by Wednesday at 2 00 p.m. to the departments
"sted above3 All orlgmal back-up must be rece'\fd 10 the Count) Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION / ACTION REQUESTED:
ACCOUNTS PAYABLE INVOICE TRANSMITTALCounty AudItor Form 1016
(Rev 03197)
220-045-2025-4010
74-1792255
2929 Bnarpark Dr #500--Houston
Texas 0511512001
Description llnvoic;.e t::!un'!bers ;,.;}::!
15% completion of Right-of-way mapping for Phase A ofthe FB Parkway Project
Ailflili tllll_VI!
6,65000
~ 6,650.00
FORT BEND COUNTY TOLL ROAD AUTHORITY
May 3,200\
\R~~~l\!:=D-lrliAY 0 7 2001 \
i;:OOl Oi:I~U i"VI;I'l11 ji"OGf. ,
The Honorable Judge Jim AdolphusFort Bend County JudgeCounty Courthouse500 JacksonRichmond, Texas 77469
Re Fort Bend County Toll Road Authonty
Dear Judge Adolphus
The enclosed mVOlces for work performed by consultants and/or contractors for the Fort Bend County TollRoad Authonty ("FBCTRA") have been reviewed by the FBCTRA Bill ReView Committee The mVOlceswere discussed at the May 3, 2001, regular meeting of the FBCTRA Board of Directors and approved forpayment
We request that you place this Item on the Fort Bend County CommissIoners Court agenda for approvalat the next regulary scheduled meetmg
very truly yours,
Enclosures
8552 Katy Freeway. SUite 122Houston, Tnas 77024.1804
WILBUR SMITH ASSOCIATESInvestment-Grade, Traffic & Revenue Study 2,100
GENERAL CONSULTING
FIRST SOUTHWEST COMPANY'. Financial AdVisor % of Bonds Sold
FOX & BUBELA, INCLand Appraisal Per Parcel/Per Hour
PAMELA M LOGSDON, CPAAccounting Hourly
STEWARTS APPRAISAL SERVICELand Appraisal Per Parcel/Per Hour
VINSON & ELKINS, LLPLegal Hourlv
WJ INTEREST, LLCGeneral Consulting Monthly + per hour after
60 hours per quarterMonthlyOffice Space and Administrative Support
4
AMOUNT
$3,862,012
$95,000$123,000
$52,935
NOTICETO
PROCEED
25-Apr-2001
April 2001April 2001April 2001
$420,449 April 2001
$331,228 April 2001
April 2001
April 2001
April 2001
April 2001
April 2001
July 1999
April 2001
-I FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM 2001
RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE
DATE SUBMITTED:May 17,2001 SUBMITTED BY' Judge T. O. StansburyAGENDA
.DEPARTMENT'328" DIstrict Court ~'6ITEM
.""NO' O.TII. ,no, ' ~"" AAn~
/iUMMARY OF ITEM' Approval to use courthouse security funds to send 4 Balhffs to security trammg June 5-7, 2001,m Irvmg, Texas, presented by Advanced Law Enforcement Readme .. Trammg.
RENEWAL CONTRACT/AGREEMENT' Yes ( ) No(x )
LIST SUPPORTING DOCUMENTS ATTACHED. Advanced Law Enforcement Readme .. Trammg
BUDGETED ITEM' ANNUALIZED DOLLARS: COMMENTS:
FINANCIAL SUMMARY:
Yes (X) No() N/A() One Time ( X )
Fundmg Source'fund agcy Oblect
Recurring )
N/A (
CC with back up:yes ( x )Audltoryes ( x )Budget Officeryes ( x )County Attorneyyes ( x )Purchasing Agentyes (x )County Clerk
Original Form Submitted with back up to County Judge's Office: Yes ( x )
InstructIOns for subm,ttmg an Agenda Request:
I Completely fill out agenda form, mcomplete forms wIll not be processed2 Fax or inter-office cop'es of agenda form wIth all back up mformatlOn by Wednesday at 2:00 p.m. to the departments
hsted above.3 All orlgmal back-up must be receIVed m the County Judges Office by 2.00 p.m. on Wednesday
RECOMMENDATION I ACTION REQUESTED:
- 0
Advanced Law Enforcement Readiness TrainingP.o. Box 21651 Phone (tollfree) 877-550-1004St. Simons Island GA 31522 Fax 912-634-0464
Internet: www.alertl0-04.com
April16,2001
Dear Court Security Professional'
The Texas Sheriff's Association has jomed WIth Advanced Law Enforcement ReadinessTraining (ALERT) as a program co-sponsor for a 3-day comprehensive Court Security TrainingSeminar. The seminar will be held June 5-7, 2001 at the Holiday Inn Select DFW Airport, 4441HIghway 114 at Esters Blvd. Irving (Dallas), Texas. This traming is designed to provide Stateand Local Officers WIth the most current court secunty concepts, practices and procedures.From 8 00 a.m. till 5 00 pm., the comprehensive 3-day program covers:
• Courthouse secunty • JudIcial protection• Magnetometers and dIsguIsed weapons • Prisoners in court• X-ray maclunes and package bomb recognItIOn. Sequestered and petIt juries• Legal aspects • High threat trials• Non-verbal communicatIOns • First response to hostage sItuations• Prisoner searches • Prisoner restraints• Officer survival
Learnmg is reinforced WIth practical exercises. Participants receive written materials which canbe used as models for enhancing the court security plans within therr jurisdictIOn.
Instructors include: Mr Mike Thompson - retIred Inspector, U.S. Marshals Service; Mr.Ted Farfaglia - retired Associate Legal Counsel, U.S. Marshals Service; Mr. Michael Hayes -retired Inspector, U.S. Marshals Service; Mr. Wayne Hardage - retired SupervIsory Deputy, U.S.Marshals Semce; Mr. Marvin Lutes - retired Internn U.S. Marshal and Chief Deputy, U.S.Marshals Service; Mr Frank Kolacz- retIred ChIef Deputy, U.S. Marshals Semce.
A block of rooms has been reserved for partiCIpants at the Holiday Inn Select, DFWAIrport, 4441 HIghway 114 at Esters Blvd., Irvmg, (Dallas) Texas at a special rate of$89.00 perrught. For reservations, call 972-929-8181. Enclosed are a flyer for your bulletm board and aregIstratIOn form for partIcIpants. Please fax your regIstratIons as soon as possible. RegIstratIoncloses on May 18,2001. There will be 24 hours of TCLEOSE approved credit for those whoqualIfy.
We look forward to seeing you and other court security professionals at the semmar.Please call me at 877-550-1004, If you have any questions or need addItIonal informatIOn.
Sincerely,M-tc.ha.ef. B. Thomp-6onMIchael B. ThompsonPresident
• Judicial protection• Pnsoners m court• Sequestered and petit junes• High threat trials• First response to hostage situatIOns• Officer survival
Leanung IS reinforced With practical exercises. Participants receive written materials which canbe used as models for enhancing the court security plans within their jurisdiction.
Instructors mcludeMike Thompson - retired Inspector, U.S. Marshals ServIceTed Farfaglia - retired Associate Legal Counsel, U.S Marshals ServIceMIchael Hayes - retired Inspector. U S Marshals ServIceWayne Hardage - retired Supervisory Deputy, U.S. Marshals ServIceMarvin Lutes - retired Intenm US. Marshal and Chief Deputy, U.S. Marshals SerVIceFrank Kolacz- retired Chief Deputy, US. Marshals ServIce
Seminar Fee $295
special rate of $89.00 per nightHoliday Inn Select
Advanced Law Enforcement Readiness Training, IncCan us (toll free) 877-550-1004
VISIt us on the Internet at wwwalertlO-04 com
FORM 801
IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTYFOR THE YEAR 2001
On this the day of 2001 the Cor;rr5S-O'lefS Cot.1t wrlh the followmg mem~ being present
Original Form Submitted with baek up to County Judge's Offiee: Yes (<1"
Completely fill out agenda form, incomplete form' will not be pnx=d.2. F:u: or inter-office copieo of agenda form with all back up informanoo by Wedneoday at 2.00 p.m. to the departments
listed above.3. All original back-up must be rttcived m the Count) Judgt::! Office b) 2:00 p.m. 00 Wedne3day.
lostructlooS for subollmog an Ag1'oda Request:
RECOMJ\1ENDATION {ACTION REQUESTED:
DAWSEY /ASSOCIATES/ARCHITECTS
~CI'Vl('('S Judge James C AldolphusFort Bend County301Jackson, 7tl1 FloorRIchmond, TX 77469
for
A & E ServIcesCourt House AnnexNeedvIlle, TX
Invoice Twelve(12)P.O. # PC07100000164
Date May 3, 2001
InvOIce Number 12
Project #120198
LocatIOn Needville, TX
Two Thousand & 00/100 $ 2,000.00
Construction Cost Proposal Mmus Alt #1-10 = $654,879 00Alt # I(by Owner)Alt #2 Change Order # 1
Change Order #2Change Order #3Change Order #4Change Order #5Change Order #6
15,957006,499001,127501,22898
321442,744004,07027
$686,827 19
A& E Fee 9% of$686,827 19 (ConstructIOn Cost to Date)
PaId to Date (Fee & Rellnbursables)Inv # I thru #4Inv # 51nv #61nv #71nv #8Inv #9Inv #10Inv # 11
Total Paid to DateBalance (Of Fee to Date)SupervIsIon Fee (To Date)Fee ThIs Invoice (65% CompletIon ofConstructlOn)=
Rellnbursables to Date (thru Invoice # 11)Total Fee & Relmbursables
Original Form Submitted with back up to County Judge's Office: Yes (0/'
Completely fill out agenda form, incomplete form' will nol be pnx:=ed.2. Fax or Inter-office eop'e3 of agenda fonn with all back up inform anon hy Wedne3day at 2.00 p.m. to the departments
listed above.3 All onginal back-up nlUst be =etYed In tbe Count) JUd~ Office b)' 2:00 p.m. on Wedne>day.
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Original Form SubmItted with back up to County Judge's Office: Yes {«
Completely fill out agenda form, incomplete forms will not be pro<=d.2. Fax or inter-office COpl,,"of agenda fonn with all back up infonnanon by WednC3day at 2:00 p.m. to the departmeDts
listed above.3. All original back-up mu3t be received m the Count) JUdge3 Office b, 2:00 p.m. aDWedne:>day.
IostructlODS for submltnug an Agenda Reque.n:
RECOM:MENDATION {ACTION REQUESTED:
8 May 2001
Mr Jesse Hegemler PEFort Bend County Engineer1124 Blume RoadRosenberg, TX 77471
re Contractor's Application and Certltlcatlon for Payment Number FIVe"General Construction" Contract, Amount of Request for the Month of April$126730002000145 South Post Oak Community Center
Enclosed you Will find three copies of APril's Application and Certltlcatlon tor Pay-ment from R Hassell BUildersfor the above referenced project Kirksey ISretainingone Signed copy of the application tor our proJect files We have reviewed therequest and believe It to be In order therefore we recommend that the amountnoted above be paid to R Hassell BUilders
Payment to the general contractor should be mode promptly and fOlWorded tothe follOWing address
R Hassell BUilders, IncPOBox 690767Houston, TX 77269-0767
It you have any questions please contact either Terry TaUrielio With R Hassell 8ulld-ers or myself
Enclosures
1 05 General CorrespondenceF \2000145\CORR\Monthly Pay Apps\SPOCCPApp5 doc
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On this J-d:= day of J)\a..t.-1 , 20 (;), , before the\
Fort Bend County Commissioners Court came on to be heard and reviewed the
accompanying notice of TXlA r-GM.rYIW\i~$
Job Location ~< JUC4C& L~ ~ f1)J.$fh",intr fkk.Y&yDated S~ ;:}--O( Bond No. (,c9'jO ?>60 , Permit No. <;;;400to make use of certain Fort Bend County property subject to, "A Revised Order Regulating
the Laying, Construction, Maintenance, and Repair of Buried Cables, Conduits and Pole
Lines, In, Under, Across or Along Roads, Streets, Highways and Drainage Ditches in Fort
Bend County, Texas, Under the lunsdiction of the Commissioners Court of Fort Bend
County, Texas," as passed by the Commissioners Court of Fort Bend County, Texas, dated
the 3rd day of August, 1987, recorded in Volume of the Minutes of the
Commissioners Court of Fort Bend County, Texas, to the extent that such order is not
Commissioner , seconded by Commissioner ~Or-/,duly put and carried, It is ORDERED, ADJUDGED AND DECREED that said notice of said
above purpose is hereby acknowledged by the CommiSSIOnersCourt of Fort Bend County,
Texas, and that said notice be placed on record according to the regulatIOn order thereof.
Notes
1. Evidence of review by the Commissioners Court must be kept on the jobsite andfailure to do so constitutes grounds for job shutdown.
2. Written notices are requireda) 48 hours in advance of construction start up, andb) When construction is completed and ready for final inspection
Mail notices to. Permit AdministratorFort Bend County EngineeringP.O Box 1449Rosenberg, Texas 77471-1449281/342·3039
3 This permit expires one (1) year from date of permit if construction has not
~
om need. /.~~
By ~~ ~,;. , Presented to Commissioners CourtCounfv>Engineer r and approved
V Recorded in Volume _By PIF? Minutes of Commissioners Court.
Drainage Di~ict EngineerlManager
Clerk of
By _~..c::!!,M,>../,\.-¥=-.!-.!-.~Deputy
Revised 12/22/99
I \WPDATAII ETTERS\PERMlnCCPLiI, REV
COUNTY OF FORT BENDEngmeermg Department
P a Box 1449Rosenberg, TX 77471-1449
Johnny OrtegaPermIt AdmInIstrator
1124 Blume RdPhone (281)342-3039
PERMIT APPLICATION REVIEW FORM FORCABLE, CONDUIT, AND POLE LINE ACTIVITY
IN FORT BEND COUNTY
082400PERMIT NO
The followmg "Notice of Proposed Cable, CondUit, and/or Pole Lme activity m Fort BendCounty" and accompanymg attachments have been reviewed and the notice conforms toappropnate regulatIOns set by Commissioners' Court of Fort Bend County, Texas
(I) Complete ApphcatIon Form__ f:../__ a Name of road, street, and/or dramage ditch affected
r b Vlclmty map showmg course of directIOn,/ c Plans and specIficatIOns
___ ..:...../(2) BondDlstnct Attorney, approval when apphcable
__ ..,;./'---_Perpetual bond currently postedNo (009.0 35DAmount S:~,QOQ'
____ Performance bond submittedNo _Amount _
____ Cashier's CheckNo _Amount _
(3) Verbal permiSSIOn given for emergencies, to start constructIOn beforeapproved m CommiSSIOners' Court
Precmct Engineer Acknowledgement Date
Precmct CommiSSIOner Acknowledgement Date
(4)Dramage Dlstnct Approval when apphcable
We have reViewed thiS project and agree It meets mlmmum requuements
lo~~mm"",,o, :'!>-\OLI \WPDA T A IPROCEDIPERr.lIT1PERAPPRE PO I
NOTICE OF PROPOSED CABLE, CONDUIT AND/OR POLE LINE ACTIVITYIN, UNDER, ACROSS OR ALONG ROADS, STREET~, HIGHWAYS AND DRAINAGe DITCHES
Formal nollce 1S heleby gIven that I'/..l) c'Dw\ \VI l -1 tV ..~-\ DOSproposes to lay, conblrucl, lIIalntaln and/or repair cable, conduit and/or poleline, in, under, acros&, or along roads, stLeets, hlghways and drainageultches in Fort Bend County, as follows:
In, Under, or Across Roads and/or Dralnage Ditches
Road or D1stance & Dlrectlon From_ Dltch Name Nea1est IntelsectlonlORD.:rlLI 'IE ~I' ND!:"! r- 'lr'£. "plE.fLl(I'<c.c:: ~.:k",-,:"t "(" nl,""!'!
Length ofCrossing
Type of ConstructionBored:Jacked:Drlven: Cased
~oJ
Along Roads and/or Dranage DltchesRoad or : Dlstance & Dlrection FIOroDltch Name NeclresL Intersection
General Description-.,.. \ ! I I! "'\ "'I ,,,,d ! \ '
'.J)t._- , J~!
The location and de&Crlptl.On of the proposed installatl.on and appurtenanc.es 15
mUle fully "hown on the attached deta1I draw1ngs. The layuIg, constructIon,malntendnce and/or repau of the proposed installatIon shall be subject to "ARevlsed Order Regulat1llg the LayLng, Constructlon, Nalntenance and/or Repalrof C"bles, Conduits, and/or Pole Lines, In, Under, Across, or Along Roads,Streets, Hlghways and Draulage Dltches in Fort Bend County, Texas, Under the.)uru,diction of the CommisslOne1" Court of Fort Bend County. Texas," as passedby COlllllllSSlonersCOUlt of ForL Bend County, Texas, dated the 3rd. day ofAugust, 1987, recorded In Volon,e 639 of the Minutes of the CommlSS10ners Courtof Fort Bend County, Texas.
Wl1tten norlces are Iequ1red: I) 48 hours 1n ddvance of start of constructlonaud 2) when cun"tructlou is complete and ready for flnal lnspectlon
Mall To: PermlL Adlllln1stlaLor/FortBend County Englneer1ngP. 0 Box 1449, Rosenberg, Texas 77471
VlOiatlOn of requuements shall constltute ground" for Job shut down.
Fort Bend County Commissioners Court came on to be heard and reviewed the
accompanying notice of R(!,,\~ EIMJC~'" 'A 1..:..:.' ......1> _Job Location t\~ ~o.Nh. ~>C'kt.A~Dated 5--2> ~0\ Bond No. ;l.~/Qe\ .. l.\?-o ,Permit No. $d=tkll~-to make use of certam Fort Bend County property subject to, "A Revised Order Regulating
the LaYing, Construction, Maintenance, and Repair of BUried Cables, CondUits and Pole
Lines, In, Under, Across or Along Roads, Streets, Highways and Drainage Ditches in Fort
Bend County, Texas, Under the JurisdictIOn of the CommiSSIOners Court of Fort Bend
County, Texas," as passed by the Commissioners Court of Fort Bend County, Texas, dated
the 3rd day of August, 1987, recorded in Volume of the Minutes of the
CommiSSIOners Court of Fort Bend County, Texas, to the extent that such order is not
inconSistent with Vernon's Texas Civil Statues U~ Motion of
CommiSSIOner -~,DJI..l~~l---" seconded by CommiSSIOner ~}1~D, ADJUDGED AND DECREED that said notice of saidduly put and carried, it ISORDE
above purpose IShereby acknowledged by the CommiSSIOnersCourt of Fort Bend County,
Texas, and that said notice be placed on record according to the regulatIOn order thereof.
Notes'
1 Evidence of review by the Commissioners Court must be kept on the jobsite andfailure to do so constitutes grounds for Job shutdown
2. Written notices are reqUired.a) 48 hours in advance of construction start up, andb) When construction is completed and ready for final mspection
Mail notices to. Permit AdministratorFort Bend County EngmeermgP.O. Box 1449Rosenberg, Texas 77471-1449281/342-3039
3. This permit explfes one (I) year from date of permit if construction has notcommenced.
By Presented to Commissioners Courtand approved.Recorded in Volume _Minutes of Commissioners Court.
Clerk of
By --~~:1!Q4~~~Deputy
Revised 12/22/99
I \WP{)ATAI/ FTTFR,>'PFRM/nrCPI A RFV
COUNTY OF FORT BEND
POBox 1449Rosenberg, TX 77471-1449
Engmeenng DepartmentJohnny Ortega
Penmt AdmInlstraror1124 Blume Rd
Phone (281)342-3039
PERMIT APPLICATION REVIEW FORM FORCABLE, CONDUIT, AND POLE LINE ACTIVITY
IN FORT BEND COUNTY
PERMIT NO 082401The following "NotIce of Proposed Cable, CondUit, and/or Pole Lme actIVIty m Fort BendCounty" and accompanymg attachments have been reviewed and the notice conforms toappropnate regulatIOns set by CommissIOners' Court of Fort Bend County, Texas
(1) Complete ApphcatlOn Form__ /__ a Name of road, street, and/or dramage ditch affected__ /__ b. VIClruty map showmg course of directIOn
C c Plans and specificatIOns
/ (2) Bond/ Dlstnct Attorney, approval when apphcable
____ Perpetual bopd currently postedNo ,;2;;<LOO(-~a.oAmount •!50,tJOO·
____ Performance bond submittedNo _Amount _
____ Cashier's CheckNo _Amount _
(3) Verbal permiSSIOnglVen for emergencies, to start constructIOn beforeapproved m Commissioners' Court
Precinct Engineer Acknowledgement Date
(4)
Date
We have reviewed this project and agree It meets mmlmum requirements
~ !2h\o'JQeg;~mmlstrator Date
I \WPDA T A\PROCEOIPE&"1ITiPERAPPRE PO 1
app2f Page 1 012.
Back to Engineering Department Home Page
NOTICE OF PROPOSED CABLE, CONDUIT AND/OR POLE LINE ACTIVITYIN, UNDER, ACROSS OR ALONG ROADS, STREETS, HIGHWAYS AND DRAINAGE
DITCHES
IN FORT BEND COUNTY
APPLICANT'S JOB NO --=.3.e.-06:-::3-=-16c....:7-=-6__ =-==-PERMIT NO "'7id.~<9J peT NO -----=2~__BOND NO ~Lo.....,(s>,,--Il-:-::..:t.!~a-,-,c>,,---- _
Formal notIce IS hereby gIven that Reliant Energy HL&P, a division of Reliant Energy, Incorporatedproposes to lay, construct, mamtam and/or repaIr cable, conduIt and/or pole Ime, m, under,across,oralong roads, streets, hIghways and dramage dItches m Fort Bend County, as follows
In, Under, or Across Roads andlor Drainage Ditches
Road orDitch Name
Distance & Direction From Length of Type of ConstructionNearest Intersection Crossing Bored Jacked Driven Cased _3,4GOT+/- west ofMc Keever @ Trammel-Freeno 100'+/- Culvert Crossing
Rd.Flat Bank Creek
Along Roads andlor Drainage Ditches
Road orDitch Name
Distance & Direction FromNearest Intersection
To Distance
General DescriptionInstall a 10'xlO' box culvert crossing across Flat Bank Creek as shown on
the attached sketchs.
The location and deSCription of the proposed Installation and appurtenances ISmore fUlly shown on the attacheddetail draWings The laYing, construction, maintenance andlor repair of the proposed installation shall be subjectto "A ReVised order Regulating the LaYing, Construction, maintenance andlor Repair of cables, condUits, andlorPole Lines, In, Under, Across, or Along Roads, Streets, Highways and Drainage Ditches In Fort Bend County,Texas, under the JUrisdiction of the Commissioners Court of Fort Bend County, Texas," as passed byCommissioners Court of Fort Bend County, Texas, dated the 3rd day of August, 1987, recorded In volume 639 ofthe Minutes of the Commissioners Court of Fort Bend County,Texas
Written notices are requlled 1) 48 hours In advance of start of construction and 2) when construction IScomplete
Phone 7139535200Fax 713953 5026wwwlJaengmeenng com
Apnl 11,2001
Mr Kenneth D VacekLand & Right of Way DivisionPOBox 1700Houston, Texas 77251-1700
Re Sienna PlantatIOn Levee Improvement DlstnctHL&P Interim Crossmg of Flat Bank CreekLJA Job No 1193-9900B (7 0)
Dear Mr Vacek
We are In receIpt of your correspondence dated February 23,2001 requesting approval ofa 10' by10' box culvert installatIOn on Flat Bank Creek
Upon reVIew of your submJttal, we have deterrmned that the proposed structure IS adequate to meetthe Dlstnct's dramage demands and hereby offer no ObjectIOnto constructIOn of these faclhtles
Please feel free to call me at (713) 953-5231 should you have questIOns or reqUire additIOnalinformation
Jerrold L Graham, P ESemor Project Manager
JLG/dl
~AND\1193\11'l399OOb\hl&P-OI doc
REVIEW BY FORT BEND COUNTY COMMISSIONERS COURT
On this » day of Mo-v- , 20 to I ,before the\
Fort Bend County Commissioners Court came on to be heard and reviewed the
accompanying notice of IX LA Lo MWl (A ,,,' c:.ovb:at!~
Job Location ----r~. G-A<;...bvl\
Dated 5~!O-e\ Bond No. (0090360 ,PermitNo. "3'22S"1_to make use of certain Fort Bend County property subject to, "A Revised Order Regulating
the Laymg, Construction, Maintenance, and RepaIr of Buried Cables, Conduits and Pole
Lines, In, Under, Across or Along Roads, Streets, HIghways and Drainage DItches m Fort
Bend County, Texas, Under the Jurisdiction of the Commissioners Court of Fort Bend
County, Texas," as passed by the CommissIOners Court of Fort Bend County, Texas, dated
the 3rd day of August, 1987, recorded m Volume of the Minutes of the
CommIssioners Court of Fort Bend County, Texas, to the extent that such order IS not
inconsistent with Vernon's Texas Civil Statues. U~. Motion of
Commissioner , seconded by Commissioner ~l\e>.;--Jduly put and carried, it is ORnE D, ADJUDGED AND DECREED that said notice of said
above purpose IS hereby acknowledged by the CommissIOners Court of Fort Bend County,
Texas, and that said notice be placed on record accordmg to the regulatIOn order thereof
Notes'
1 Evidence of reVIew by the CommIssioners Court must be kept on the Jobsite andfaIlure to do so constitutes grounds for job shutdown
2 Written notices are required:a) 48 hours in advance of constructIOn start up, andb) When construction is completed and ready for final inspection
Mail notices to Permit AdministratorFort Bend County EngineermgP.O. Box 1449Rosenberg, Texas 77471-14492811342-3039
3. This permit expIres one (1) year from date of permit if constructIOn has not
~
commenced' ~ ,
By ewe· liIl,,,,,1Z,<""<'l~~'L-_--COit)£l1gineer
By ;tI/Ii•
Drainage District EngmeerlManager
Presented to Commissioners Courtand approved.Recorded m Volume _Minutes of Commissioners Court .
Clerk of CommIssIOners Court
By ~~~~Deputy
Revised 12/22/99
i\WpnATAI[ FTTFR<;II'FRMITlC,PI A RI V
COUNTY OF FORT BENDEngineenng Department
POBox 1449Rosenberg, TX 77471-1449
Johnny OrtegaPennlt Admmlstrator
1124 Blume RdPhone (281)342-3039
PERMIT APPLICA nON REVIEW FORM FORCABLE, CONDUIT, AND POLE LINE ACTIVITY
IN FORT BEND COUNTY
PERMIT NO
The followmg "NotIce of Proposed Cable, CondUIt, and/or Pole Lme activity in Fort BendCounty" and accompanymg attachments have been reviewed and the notIce conforms toappropnate regulatIOns set by ComrmsslOners' Court of Fort Bend County, Texas
/ (1) Complete ApplicatIOn Form__ -=-/__ a Name of road, street, and/or dramage ditch affected__ <-/__ b VIClllity map showmg course of directIOn
/' c Plans and specificatIOns
__ ----"/_ (2) BondDlstnct Attorney, approval when applicable
____ Perpetual bond currently postedNo G,<D9.0; 50Amount 5"CP,000 .
____ Performance bond submittedNo _Amount _
____ Cashrer's CheckNo _Amount _
(3) Verbal permiSSIOn given for emergencies, to start constructIOn beforeapproved m Commissioners' Court
Precmct Engmeer Acknowledgement Date
Precmct CommissIOner Acknowledgement Date
(4)Drarnage District Approval when applicable
We have reviewed thiS project and agree It meets millimum reqUIrements
S\tO\Q\imstrator Date
I \WPDA T A\PROCEDIPERMITIPER.A?PRE PO I
NOTICE OF PROPOSED CABLE, CONDUIT AND/OR POLE LINE ACTIVITYIN, UNDER, ACROSS OR ALONG ROADS, STREETS, HIGHWAYS AND DRAINAGE DITCHES
Formal notIce IS he' eby gIven that 7Xv COMt1Ut/ICa.-f-10,.JSproposes to lay, construct, IlIdintainand/or repair cable, conduit andlor polelIne, In, under, across, or along roads, stleets, highways and drainageditches in Fort Bend County, as follows:
In, ffilder,or Across Roads and/or DraInage Ditches
Road orDItch Ndme
DIstance & Dlrectlon FromNed.I:'es l Intel ~ectlon
Length ofCrossIng
Type of ConstructIonBored:Jacked:Driven:Cased
Along ROdds dnd/or Dranage DItchesRoad orDItch Name
(~a.s+ s,je. at /lay{iaSf<2/ViHde R.O,U: ?he ceJ/t!! w-tl/ he. a-+tJ.- coe· a+'«5" "~I',...Qoe tUllU!i '/ tPrt "'/"'9The locatIon and de&Cnptldl'i of the proposed installation and appurtenance5 ISOIore (ully "hown on the dttached detaIL drawings The layIng, constructIon,lOa intendnce and/or repaIr of the proposed InstallatIon shall be subject to "ARevI&ed Order RegulatIng the Laymg, Construction, Mallltenance and/or Repa1rof Cables, ConduIts, and/or Pole Lillf'S, In, Under, Across, or Along Roads,Streets, HIghways and Dralllage D1tches In Fort Bend County, Texas, Under the.)ur""d1ctlOn of the ComOli"sionels Court of Fort Bend County, Texas," as passedby COllll1l1ss10nersCOUlt o[ Fort Bend County, Texas, dated the 3rd. day ofAugust, 1987, Iecorded 1n Volume 639 of the Minutes of the CO'lIIIIl&S10nersCourtof Fort Bend County, Texas.
WtItten notices a.re requIred: 1) 48 hours Ln advance of start of constructlonaud 2) when con~tructlOll 1'5 complete dud leady for fJ.nal inspectIon.Mall To: PerlllllArulllJl1strator/FortBend County Engllleering
P. O. Box 1449, Rosenberg, Texas 77471
V101ation of requ1rements shall constItute grounds for job shut down.
COMPANY NAME' UCI Codt1(/iI//CUIO,.JSAGENT and/or OWNER
(Signature)
NAME & TITLEJJu,t/C Awls f}vt.sJe f/atv'f fN,31,vltl}(Please Pnnt)
duly put and earned, it is ORDERED, ADJUDGED AND DECREED that said notice of said
above purpose IShereby acknowledged by the CommISSIOnersCourt of Fort Bend County,
Texas, and that said notIce be placed on record according to the regulation order thereof
Notes
1, EVIdence of review by the CommISSIOners Court must be kept on the jobsite andfailure to do so constItutes grounds for job shutdown
2, Wntten notices are required.a) 48 hours in advance of constructIon start up, andb) When construction IScompleted and ready for final mspection
Mail notices to: Permit AdministratorFort Bend County EngmeeringPOBox 1449Rosenberg, Texas 77471-1449281/342-3039
3. This permit expires one (1) year from date of permit if constructIon has notcomm ed,
Presented to CommissIOners Courtand approvedRecorded m Volume _Mmutes of Commissioners Court .
By ,/ e°VZngmeer
By MIt•Drainage District Engineer/Manager
Clerk CommISSIOnersCourt
By _--:>..~.cud.-V~~Yl~~Deputy
Revised 12/22/99
r 'Wl'nA, TAIl FTltR"'PFR\fIDfTPI A Rrv
COUNTY OF FORT BENDEngmeenng Department
POBox 1449Rosenberg, TX 77471-1449
Johnny OrtegaPermit Admmlstrator
1124 Blume RdPhone (281)342-3039
PERMIT APPLICATION REVIEW FORM FORCABLE, CONDUIT, AND POLE LINE ACTIVITY
IN FORT BEND COUNTY
08240~PERMIT NO
The followmg "Notice of Proposed Cable, CondUit, and/or Pole Line activity m Fort BendCounty" and accompanymg attachments have been reViewed and the notice conforms toappropnate regulatIOns set by ComrmsslOners' Court of Fort Bend County, Texas
/ (1) Complete ApplicatIOn Form/__ ..",-_ a Name of road, street, and/or dramage ditch affected/' b VIClruty map showmg course of duectlOn/' c Plans and specificatIOns
(2) BondDistrict Attorney, approval when applicable
____ Perpetual bond currently postedNo _Amount _
/ Performance bond submittedNo..KIm (!);?/IOAmount ~, Q<QO .,
____ Casluer's CheckNo _Amount _
(3) Verbal permiSSIOn gIVen for emergencies, to start constructIOn beforeapproved m CommiSSIOners' Court
Precmct Engmeer Acknowledgement Date
Precmct Commissioner Acknowledgement Date
(4)Dramage Dlstnct Approval when applicable
We have reViewed thiS project and agree It meets mirumurn reqUirements
~Date
I \WPDAT>\\PROCED\PI:.PJvfJnP[RAPPR£ POI
PERFORMANCE BOND CoyElUNG ALL CABLE, CONDUIT AND/OR POLE LINEACTIVITY IN. UNDER. ACROSS OR ALONG FORT BEND COUNTY ROADS
AUTHORIZEDBOND NO XTM02110
THE STATE OF TEXAS §KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF FORT BEND §7055 Pl.pestone
- THAT WE, Ransor, Inc. .wh4fleJddrtl$~IS Schertz, , Texas,hereinafter caned the Principal, and ~'~~n-C'Q nI::;~md; ~, Corporation e:listing nnder andby virtue ,r thalaws of the State of Texa 5 and autboriz«l to do an ~dllmn~~ businessin the State ofTe~., and whose principal office is loeat«l at ~~jg3B~~~l~~V~xw~o.e officerresiding in the State of Texas, authorized to accept se~lctin al~~l~?nd actions brought withinsaid State is AAl\ Surety and whose address is P. 1 ox ,'liereinafter caned the Surety,and held and fil"ll!lybonnd unto, James C, Ad(ltP.h~,"CO~u\¥Y:fidle of Fort Bend County, Texas,or his successors in oflke. in the fun sum of ~Eg~~iUl.Q Donara{S 5.000. **) current, lawfulmoney oftbe United States of America, to be pald to said James C. Adolphus, County Judge of FortBend County, Tens, or bis sucliCSsorsin office, to which payment well and truly to be made anddone, we, the undenigned, bind ounelvllI aDd each of us, our heirs, executors, administrators,successors, aSligos, aDd legal representatives,jointly and severany, by these presents.
THE c:tmON OF TmS BOND IS SUCH THAT, WHEREAS, the ahove boundenprincipal con lates laying, constructing, malDtaiD1D& and/or repairing ODeor more cables,conduits, IlndJor ole lines ln, oDder, acroll and/or alonl roads, streets and highways ln the Couotyof Fort Bend, and the State of Tens, under the JUrisdiction of the Commislionen' Court of FortBend Couoty, Texas, pursuant to the Commlssionen' Court order adopted on the 1l! day ofDecember. A.D. J,m. recorded In Volume 13.of the Commislionen' Court Minutes of Fort BendCounty, Texas, regulating same, which Commissioners' Court order Is hereby referred to and madea Wlrt hereof for all purposes as though fully set out herein;
AND ~REAS, the prineipal desires to prOVideFort Bend County with a performancebond eoverlna; all such cable, conduit and/or pole Hne activity;
NOW, THEREFORE, if the above bounden principal shan faithfully perform an Its eable,conduit and/or pole line activity (ineludiDg, but JIOtliJDitedto the laying, construction, malotenanceand/or repair of eabJes, conduits and/or pole Jines) in, under, across and/or aloDg roads, streets andhighways in the County of Fort Bend and State of Texas, DDder the jurisdiction of theCommissioners COl,lrtof Fort Bend County, Texas, punuant to and 10accordance With minimumreqlllremenlll and condition. of the above mentioned Commiuionen' Court order set forth and.pecified to be by sald principal done and performed, at the time and ln the manDer thereinspecified, and Ib~npay over and make good and reimburse Fort Bend County, alIloSl and damageswhick Fort BeDd County may snstain by realon of aoy fallure or default on the part of saidprincipal, theD this obligation shaU be null and VOld,otherwise to remain In full foree lUld effect.
This bond is payable at the CODDtyCourthonse in the Coonty of Fort Bend and State ofTeIlU. ,
I
It i. nndehtood that at any time Fort Bend County deems itselliosecure under thill bond, itmay req~ire\fUrtec and/or additional bonds of.ths principaL '. .
Know All Men By These P~Dt\o Th.u Flf\.[ Infl"wllily ot Amyn~ l.n..U1"aQ~CCompauy, • Cvrporauon at the :ttate ot NewJ..,.,y do .. h.reby 'ppoWI MIcbael N Rudborg, Chm Fn .. or SU><lIlCraw 01 D.U .... TX II> lrue and lawfulAuomeY~lD-f.t.ct· to make, ~~ute, lIlyn. tlCknowl¢dg~. olttix tb~ Company ~~.a,1to, dtl"hwr Illy and &11~"'Uretybonds,Wld~ttlllt1ng~, ~"OgDJ,2.U1C;~II)• .uJ.doth~r '\.ontraCl:t ot wdemnny ilnd wntln~" ohh8.dory UI tbe oaNl'C <tt • bond, £01 AlaUon bdIalt ot said Cowp.my Dlld ~ oU1 ~I wu1 decU ut )olll~Cmnp*I1)'.IN WITNESS WHEREOF. FIl,t Indeil1l1,ty of Am.m'. In,ur.mce ('Olnp.my 01 Lb. State 01New Jersey b.lo •• ecuted the."" pre;~::~, 19th day nl S~ 199~ £...
t ....,~"'~.~lm~~~w /-,.f?~'f'~~~ P...tnck J Lynch. Pre."ldent...,..
STATE OF NEW JERSEY)COUNTY OF MORRIS)
on thiS 19th day at Sep~mbef. 1996, ~tor~ lUe c.un~ the:.'d.bo\lt:named offiet;r at FU:Jt Indenuuty ot Amenca In~uTall\,t'("olU~yot New leney, to IDc sre~n.il1y known to he lh" mloJlYluul il,rIlJoffi~r u~bed h~rean. tUld xcknowledgt!' that bit ~:(~utetJ thefuregomg lo.strumentand littixtd the ~.d (It ~Id curpordolmnthoreto by .u!bonly ot tb•• olfice.
CERTIFICATEExcerpts at RettOluhollb (Artlc:le V. Paragnlph S, nt t~ ijy-LaW$ \)t Ma,,J Cumpany) oadopk\! by 1b~ Board of DIrectors atthe Fm'l ind.lllIIlly of Am<n"" llll>uranc. ('OUlpdllYollh. ~t.te ot New J.r ••y. SepleUl"'" 19. 1996
RESOLVED. that tht! P~ldent, Qr allY ('De ut the V1f..~-Pre:,lucnb; ':o~cla.Uy aurhonz«l to do ~ by the Board of Due.::toNi.or by the EX\A,,-Ubv'CCUmULi"". WlolUh.w" power, oy and with th~ I..OQcurrlo:DCcot the Ser,;;"t.lry or Kay one ot theAw.1l'itaDt S«:retan~. to appmnt Ateomeyl'J-lo-Fact ~ lhe hUSIn'N.ot the wmp;my lUayrequue. or to autbonu auypersoo or penon .. to fJxecure on behalt ut the Cumpany .u1y honJ~. undeJ1&mgs. ~ogruzanU!s. sttp\datloQS. pobcles.coatrAcb, a~mcub. ~. KIld rel~ .md ~':oblgnment oj ludgemm~. de..:ree'),mortr:a.ees and '.Q15trum~oh Ulthesnatureof UJOrtg-ilges, and al~ aU (lther la::,trumen[!I dJ1ddocum~nt ...whl~.h tht' bw.m~b ot the Company m.ly requll~: and to affixthe ScaI 01 Ih. Company the"'to
RESOLVED. th.tt the <Ign.du,,~ aoo .tue.-;t.auun... ot such otticer~ .md the ~I ot thl; C~l1\pany may be ..nixed to my suchPower of Altorney or to any certlticate reJatmg to th~ Pvw(r ut AUorn~y hy tac~lIlule and iWy such Power ot Attorneyor cartlticatA! bt!anng ~u~h tac&lmll~ ';hm•.uun!'- llI' ta~·"'llnlh.· ~:d ...haU ~ valid :laO hmdmg: upon Ihe CUUIVol&UYwnb~'t to any bond. unucrtak.Ulg, recogDJzam..e.<;;or oth~,.coarract (,t tndenuuty or writmg obhgatnry 10 tJw natu",lhereof.
1. EArnt'UW Loul. Scl..n:t4ry or P'll'bllndemnlty ot Amem.a lnsut'.un.e (Qmp.my Qt N~w Jersey. do bereby certify thatlbe foregol1lg .xcerpts ot th. R.solutlon adopted by tbe Bo...-dot U"...lol'> of lb. Corporation and lb. Pow.rs of Attomey1S51kX1pumlRtlt thereto. an: true and (..(}Ir~t..tnd that both tbe R..::wluhoD and the Powen. ot Attorney ~ aD lull foJ'Waud effect. IN WITNESS WHERfOf. I h.v. hereWIth __lmy hand Gnd.ttixoo th.... d 01 >aid Corparallon th,s 18th dayof Augll&l, 1997
nn: UA.l1ILlTY 01' SURETY fOR THl~ BOND SHALL NOT EXCEED TWENTY FIVE THOUSAND DOLLARS ($25.000 00)
BOND NO. XTM02110" .'
- ,
E.ut\oun Lung
FORT BEND COUNTY ENGINEERING DEPARTMENT - PERMIT SECTIONPOBOX [149 • 1[24 B[ume Road
PERMIT FOR THE CONSTRUCTION OF DRIVEWAYSAND CULVERTS ON COUNTY EASEMENTS AND RIGHTS OF WAY WITHIN FORT BEND COUNTY
DRIVEWAY AND/ORCULVERTAPPLICATION FORM
APPLICATION NO --''''::U-_~~--;-_<b}l\CD(bCounty Use Only
I Location of Driveway and/or CUlvert __ -==--L~:::"'-=:=--__ ==:;:"!....c~=:--'~~!..::--:'-:-:-_"----'-:-:"7 _3/30 G/,k j)t",(Street Address) (HL&P Address If available)
SubdiVISion Name Sec Blk Lol _
Mallmg Address ---I---"_=---"'---__ "----'-j"""'"'"''''-L...!''--'= .... '- City
I0JJVs og /A/c
2 () :r~ Pipes It, ;ze
2 Applicant Name --4J.-->.L.. .... ~_~_''''-'''--''>..__ ...L...L.-''''--''='_'_ Phone
3 Site Use ( ) Single Farmly Dwelling ( ) Other than Smgle FWTIlly Dwelling ( ) Agncultural
4 Proposed ConstructIOn () Dnveway - Curb & Gutter Section ~nveway with Culvert - open ditch sectIOn ( ) Culvert Only
5 INDICATE BELOW THE LOCATION OF THE DRfVEWA Y AND/OR CULVERT FROM THE NEAREST STREET INTERSECTION
~ -lll--'-..--.-.-----~.:::2: S' S'R.Ee;;.T r-.I-.rv1E.--------..r:-''IJ)---EZ- - /Z---
==n·----------·iU)~, I -~IS_r_ ......c:::::E FFI.<;>"""I ......Te:Fllse<:::"'T"1 C)N
/ 2.--1 g ,6 If the pennlt applicant ISa corporation, partnership or other legal entity other than a natural person, state the name oCthe one or more persons who Will
be responsible to CommiSSioners' Court to see that all prOVISionsof the Dnveway andlor Culvert Pennlt Will be m compltance
_¢~~T
Name(sl _
7 The undersigned applicant, agent or attorney hereby certlties to CommiSSioners' Court to be strIctly bound to CommiSSIoners' Court to construct thednveway andlor culvert to Strict confonmty With the plans, specJficatlOns, terms, provIsIons and conditIOns of the permit and any other wotten matenalIllcorporated by reference III thIS application
SIGNATURE of Applicant, Agent or Attorney Date, _
For County Use OnlyDnvewayRequuements _
CulvertReqUirements Length _ DIameter & Type _ Sized By Date _
I \WPDATA\RegUlatlons\flnal\drlVefbc_110 ..Or' 19 rev 11/14/2000
REVIEW BY FORT BEND COUNTY COMMISSIONERS COURT
On this ;). d-- day of M0-'1 , 20 J2J , before the\
Fort Bend County Commissioners Court came on to be heard and reviewed the
accompanying notice of ---.ll cwv)'" to!\c"Y\1M...;tw>", ~ fir~-J)..L.L ....TiLJ'()=::"':'" _
Job Location c;.,,-e.eVlb'A.4Dated~ Bond No. Sf\'?$(p""] , Permit No. "Z5~tt03to make use of certain Fort Bend County property subject to, "A Revised Order Regulating
the Laying, Construction, Maintenance, and Repair of Buried Cables, Conduits and Pole
Lines, In, Under, Across or Along Roads, Streets, Highways and Drainage Ditches in Fort
Bend County, Texas, Under the JUrIsdICtIOnof the CommissIOners Court of Fort Bend
County, Texas," as passed by the Commissioners Court of Fort Bend County, Texas, dated
the 3rd day of August, 1987, recorded in Volume of the Minutes of the
Commissioners Court of Fort Bend County, Texas, to the extent that such order IS not
mconsistent with ~Icle 1436a, Vernon's Texas CiVil Statues. UP~f
CommissIOner ~ J\.QD*~ , seconded by Commissioner ~
duly put and carried, it is ORDERED, ADJUDGED AND DECREED that said notice of said
above purpose is hereby acknowledged by the Commissioners Court of Fort Bend County,
Texas, and that said notice be placed on record according to the regulatIOn order thereof
Notes:
I Evidence of review by the CommiSSIOners Court must be kept on the Jobslte andfailure to do so constitutes grounds for Job shutdown
2 Written notices are reqUIreda) 48 hours in advance of constructIOn start up, andb) When constructIOn is completed and ready for final Inspection
Mail notices to Permit AdministratorFort Bend County EngineeringP.O. Box 1449Rosenberg, Texas 77471-1449281/342-3039
3. ThiS permit expires one (l) year from date of permit if construction has notcom ed
'/
Presented to Commissioners Courtand approvedRecorded in Volume _Minutes of Commissioners Court.By .AJjiJ'
Drainage DistrIct EngmeerlManager
Clerk of Commissioners Court
By ~~~~o ~Deputy
ReVised 12/22/99
1IW?O \T'\'\T FTTFIl:o;\PFRM1TlCrPI .\, Rrv
COUNTY OF FORT BENDEngmeenng Department
P a Box 1449Rosenberg, TX 77471-1449
Johnny OrtegaPermit AdmInIstrator
1124 Blume RdPhone (281)342-3039
PERMIT APPLICATION REVIEW FORM FORCABLE, CONDUIT, AND POLE LINE ACTIVITY
IN FORT BEND COUNTY082403
PERMIT NO
The followmg "Notice of Proposed Cable, CondUIt, and/or Pole Lme activity m Fort BendCounty" and accompanying attachments have been reviewed and the notice conforms toappropnate regulatIOns set by ComrmsslOners' Court of Fort Bend County, Texas
/(1) Complete Apphcatlon Form__ ~/,---_ a Name of road, street, and/or dramage ditch affected__ ~/__ b VlClmty map shoWIng course of directIOn__ ..!-/__ c Plans and specificatIOns
__ ---'~'- (2) Bond..-DIstrICtAttorney, approval when apphcable
__ -,/,--_ 1Perpetual bond currently postedNo SA~<'6(p1Amount 50.000.,
____ Performance bond submittedNo _Amount _
____ Cashier's CheckNo _Amount _
(3) Verbal permissIOn given for emergencies, to start construction beforeapproved m COlmmsslOners' Court
Precmct Engmeer Acknowledgement Date
Precmct CommissIOner Acknowledgement Date
____ (4)Dramage District Approval when applicable.
We have reviewed tlus project and agree It meets mlmmum reqUIrements.
Jo~~m".",m ~
I IWPDAT A\PROCED\PERMIT\PERAPPRE PO 1
fORT BEND COUNTY ENGINEERING DEPARTMENT - PERMIT SECTIONPOBOX 1149· 1124 Blume Road
6 If the penmt applicant IS a corporation, partnership or other legal entity other than a natural person, state the name of the onc or more persons who WIllbe responsible to ConuTIlsslOners'Court to see that all provISIOnsof the Dnveway and/or Culvert Permit will be ill compliance
Name(s) --'=="-==="-='-"==O-==~;"- -,.L- _GLENN HARRIS OR LARRY HARRIS
ctly bound to ConumsslOners' Court to construct thed conditIOns of the permIt and any other wrttten matenal
:...;I.~~
7 The underSigned apphcant, agent or attorney hereby tfies todnveway and/or culvert In stnct confonmty With plans, spIncorporated by reference III thiS applicatIOn /,~
SIGNATURE of Apphcant, Agent or Attorn Lb.L/C-~~~"""=_~d-~=---1l..J:~,-_..<::=- Date MAY 9, 2001
For County Use OnlyDnveway ReqUirements _
CulvertReqUirements Length _ Diameter & Type Sized By Date _
LOCATION OF DRIVEWAY - 3,000 FEET SOUTH EAST FROM GREEN BUSH ROAD@SADDLE SPUR INTERSECTION
DISTANCE OF DRIVEWAY - 80 FEET
/ -a~
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SUBORDINATION TO DEDICATION
RFC Constructlon Funding Corporatlon, a Delaware corporatlon, the owner and
Holder of a promIssory note or prormssory notes secured by liens on certain property
affected by the attached Road RIght-Of-Way DedIcatIOn executes thIS Instrument to
eVIdence lts consent to the Road RIght-of-Way DedIcatIOn attached hereto as Exhlblt
"A", and hereby subordinates Said hens and all other liens owned by It to such easement
Instrument
RFC ConstructIOn Fundmg CorporatIOnA Delaware corporatIon
THE STATE OF MARYLAND
COUNTY OF MONTGOMER Y
Th s Instrumen was. cknowledged before me on the ~ day of iUUA ,200 1, by C of RFC ConstructIon Funding Co~Delaware corporatIOn, on alf of saId corporatlon
Notary Public In and for the State of Maryland
~b,yma~uJ0PnntedName
JMjAA {~( 2a24-=='---~lssIOn ExpIres
After recording return to:Greg D. BreedloveK1mball H1ll Homes8584 Katy Freeway, SU1te 200Houston, TX 77024
EXHIBIT "A"
ROAD RIGHT - OF - WAY DEDICA nON
THE ST ATE OF TEXAS §§
COUNTY OF FORT BEND §KNOW ALL MEN BY THESE PRESENTS
THAT KIMBALL HILL HOMES-TEXAS, INC, a Texas corporatIOn ("Grantor"),
For Ten and Noll 00Dollars and other good and valuable consIderatIOn, the receIpt and
suffIciency of whIch are hereby acknowledged, does hereby grant and dedIcate to Fort
Bend County, Texas, a poll tical subdIVISIonof the State of Texas ("Grantee"), a perpetual
easement over and across the tract of land owned by Grantor whIch ISmore particularly
descnbed m ExhIbIt "A" attached hereto and the nght to construct, operate and mamtam
for road purposes
The easement herem granted shall be subject to all valld and subslstmg
and easements of record whIch affect the property descnbed m ExhIbIt "A" hereto
IN WITNESS WHEREOF, thIS mstrument ISexecuted as of the ~ day of
~,200l
KIMBALL HILL HOMES - TEXAS, INC
By , ~~ A7;(Greg McKenZIe
Area VIce PresIdent - Real Estate
Grantee
1
THE STATE OF TEXAS §§
COUNTYOFHARR~ §
This Instrument was acknowledged before me on the 25'" day of
-¥-' 2001, by Gregory B McKenzie, Area VIce President - Real Estate
of KIMBAll Hll.L HOMES - TEXAS, INC , on behalf of sard corporatIOn
Name pnnted or typedMy commlSSlOn expires .:;,-:Jib C':L
2
"EXHIBIT A"
METES AND BOUNDS DESCRIPTIONOF 2.702 ACRES OF LAND
IN THE BENJAMIN ORSBURN SURVEY, A-390FORT BEND COUNTY, TEXAS
AJI that certam 2 702 acres of land, out of the 392 035 acre tract descnbed m the deed from RESIVLS RealEstate LImIted PartnershIp to KImball HIJI Homes-Texas, Inc, recorded under FIle No. 1999057674 m theOfficIal Pubhc Records of Fort Bend County, Texas, in the Benjamin Orsburn Survey, A-390, Fort Bend County,Texas, and bemg more partIcularly descnbed by metes and bounds as follows (All beanngs based on West OaksVIllage, Section Four accordmg to the plat thereof recorded under Slide Numbers 1555A & 1555B m the PlatRecords of Fort Bend County, Texas)
BEGINNING at a 3/4" Iron rod found for the west end of the southwest nght-of-way cutback curve at themtersectlOn of BellaIre Boulevard (100' nght-of-way) and West Oaks VIllage Dnve (nght-of-way vanes),common to an angle comer ofTwm Oaks VIllage, Section One according to the plat thereof recorded underSlIde Numbers 2077A and 2077B m the Plat Records of Fort Bend County, Texas and the southeast comer ofthe herem descnbed tract, from winch a 3/4" Iron rod found for the northeast comer of saId Twm Oaks Village,SectIOn One bears N 89° 53' 24" E -112108',
THENCE S 89° 53' 24" W - 2353 45' to the southwest comer of the herem descnbed tract m the west lme ofthe aforesaId 392 035 acre tract,
THENCE NOlo 19' 25" W - 50 01', along the west hne of saId 392.035 acre tract, to the northwest comer ofthe herem descnbed tract, common to the northwest comer of saId 392 035 acre tract and the southwest comerof the 50' wide easement for Bellalre Boulevard descnbed as Tract I m the DedIcatIon of Easement recordedunder Volume 614, Page 389, m the Deed Records of Fort Bend County, Texas,
THENCE N 89° 53' 24" E - 2354.51', along the south line OfS31d50'Wlde easement, common to the north hneof saId 392.035 acre tract, to the northeast comer of the herem descnbed tract, common to the most northerlynorthwest comer of the aforesaId TWIn Oaks VIllage, SectIon One;
THENCE S 00° 06' 36" E - 50 00', along a west 1me of saId TWIn Oaks VIllage, SectIon One to the POINTOF BEGINNING of the herem descnbed tract and contaImng 2.702 acres ofland
Job No 409-004-00-560
Prepared byG P SURVEYORSa dIVISIOnofPate Engineers, Inc
THIS LEGAL DESCRIPTION IS ISSUED FOR THE PURPOSE OF ATTACHMENT TO EASEMENTDEDICATION DOCUMENTS IT SHOULD NOT BE USED FOR TITLE TRANSFER.
229 47 ACRES TRACTJ S CUllINAN, H
TOTEXAS INDUSTRIES, INCV 496, P 64 F BCD R
N 01"19'25" W5001'
!\)
""aN>o::cmen
z
~f'l
I
z
en WEST OAKS va.LABE' DR.o _"'v.-..g.~f'l
F.M. 1464180' ROW)
i
i
RELEASE AOTHORXZATXON
THE FOLLOWING DOCUMENT(S) CAN BE RELEASED UPON ORDER OFCOMMISSIONERS COURT:
check one or more documents per project
BOND
# 378020 $ 466,443.50
Name: P-JAHO, INC./FIGURE FOUR PARTNERS S- SEABOARD SURETY CO.
RIDER TO BOND
#_----------- $-----------
Name:
LETTER OF CREDIT
#_----------- $-----------Name : _
OTHER
#_----------- $-----------Name:
CONSTRUCTION PROJECT (Name or location):WATERSXDE ESTATES, SECTXON 1
RELEASE DOCUMENT(S) TO THE FOLLOWING:
Name: Mr. Greg J. Pollard Jaho, Inc.Address: 2003 Wilson Rd.City/State/Z1p: Humble, texas 77396-1540
AGREED:
COMMISSIONER, PRECINCT #_~ _3
COURT APDATE OF R~;rlli!.NBY:Deputy County Cl rk
I \WPDATA\PROCED\DEV'nleusefmul()l wpU
FORT BEND COUNTY ENGINEERINGFort Bend County, Texas
D Jesse HegenuerCounty EngIneer
May 9,2001
Comnussloner W A "Andy" MeyersFort Bend County PreCInct 31809 Eldndge RoadSugar Land, Texas 77478
RE: Waterside Estates, Section 1
Dear CommiSSIOner
A final Inspection of the roads for the above referenced subdivIsion was made, and all of the deficiencies havebeen corrected The streets, along With their footage lengths, are as follows
Mason RoadWaterside Estates Dn veWaterside Estales CIrcleRichland Creek LaneBuffalo Lake CourtEagle MountaIn CourtGranger Lake CourtSabine LaneLake Grabam LaneLewisville DnveTOTAL
The current bond IS# 378020 In the amount of $ 466,443,50 Release bond to,Mr Greg J PollardJaho,Inc2003 W,lson Rd.Humble, Texas 77396-1540
If you should have any questions or need additional information please feel free to call
Smcerely,
"§~>-(~Sleven L EvansASSistant to County Engmeer
SLElmJs
cc Mr DaVId J NIles, Carter & Burgess, IncMr DaVId Cox, Figure Four Partners, ItdMr, Greg J Pollard, Jaho, IncMr. Roby Tate, FBC Road & BndgeFIle
FORT BEND COUNTY CLERK
DIANNE WILSONCOUNTY CLERK
301 Jackson St, Richmond, TX 77469-3108 (Mam)303 Texas Parkway, Mlssoun City, TX 77459 (Branch)
(281) 341-8685wwwcofort-bend tx us Admm Fax (281) 341-8697
ClVllFax (281) 341-4520Cnnunal Fax (281) 341-8681
Recordmg Fax (281) 341-8669May31,2001
NOTIFICATION OF RELEASE OF SECURITY
A release order has been issued by the Fort Bend County Commissioners Court forthe following:
BOND# 378020 $466,44350
SUBDIVISION Waterside Estates, SectIOn One
PRINCIPAL Jaho, Inc. on behalf of Figure Four Partners, Ltd
SURETY Seaboard Surety Company
RELEASE TO Mr Greg J PollardJabo,Inc2003 Wilson RdHumble, Texas 77396-1540
Information on the issuance and release of thIS secunty are on file at the Fort BendCounty Clerk's Office. Inquiries should be addressed to Dianne Wilson, Fort Bend&3\ :~:~hmOOd' T,=, 77469-3108~ ~n281-341-8653
Ahcla Yeo~L_'County Clerk's Office
cc. Mary Jane Sowa, Fort Bend County Engmeenng
RELEASE AUTHORIZATION
THE FOLLOWING DOCUMENT{S) CAN BE RELEASED UPON ORDER OFCOMMISSIONERS COURT:
check one or more documents per project
BOND
# 929 100 743 $ 71.000.00
Name: P-U.S. HOME CORPORATION S-THE CONTINENTAL INS. CO.
RIDER TO BOND
#_----------- $-----------Name:
LETTER OF CREDIT
#_----------- $-----------Name : _
OTHER
#_----------- $-----------Name:
CONSTRUCTION PROJECT (Name or locat~on):STRATFORD PARK VILLAGE SIX
RELEASE DOCUMENT{S} TO THE FOLLOWING:
Name: Mr. Brian Smith U.S. Home CorporationAddress: 12012 Wickchester, Suite 150C~ty/State/Zip: Houston, Texas 77079
FORT BEND COUNTY ENGINEERINGFort Bend County, Texas
o Jesse HegerruerCounty Engmeer
May 9, 2001
Conurusstoner James PattersonFort Bend County Precinct 412919 DalfY Ashford RoadSugar Land, Texas 77478
RE: Stratford Park VillageSix
Dear CommissIOner
A final inspectIOn of the roads for the above referenced subdivIsIOn was made, and all of thedeficIencies have been corrected, The streets, along with their footage lengths, are as follows'
Stratford MIll LaneStratford HeIghts Dn veMaple Green DnveStratford Manor DnveStratford Green DnveTOTAL.
15800LF21799 LF14500LF13144 LF876.49 LF
1,528.92 LF
The current bond IS # 929100 743 m the amount of $ 71.000 00 Release bond toMr. Bnan SmithU.S Home CorporatIOn12012 Wlckchester, SUite 150Houston, Texas 77079
If you should have any questIOns or need additional information please feel free to call.
Smcerely,
25de....K'~Steven L. EvansAssistant to County Engineer
SLElmJs
cC' Mr Alan B. McKee, P.E., Pate Engmeers, Inc.Mr. Bnan Smith, U.S. Home CorporatIOnMr. Todd Hams, Brazos River Constructors, IncMr. Roby Tate, FBC Road & BndgeFile
301 Jackson St, Richmond, TX 77469-3108 (Mam)303 Texas Parkway, Mlssoun City, TX 77459 (Branch)
(281) 341-8685www co fort-bend tx us Adnun Fax (281) 341-8697
ClVllFax (281) 341-4520Cnnunal Fax (281) 341-8681
Recordmg Fax (281) 341-8669May 31, 2001
NOTIFICATION OF RELEASE OF SECURITY
A release order has been issued by the Fort Bend County Commissioners Court forthe following:
BOND# 929100743 $71,00000
SUBDIVISION Stratford Park village SIX
PRINCIPAL U S Home CorporatIOn
SURETY The Contmental Insurance Company
RELEASE TO Mr Bnan SmIthU S Home CorporatIOn12012 Wlckchester, SUite 150Houston, ,Texas 77079
Information on the Issuance and release of thIs secunty are on file at the Fort BendCounty Clerk's Office Inqumes shoul be addressed to Dianne Wilson, Fort BendCounty Clerk, 301 Jackson, Richmond Texas 77469-3108 or call 281-341-8653
~\~'\l~ou~~ ~~e~:~ Office
cc Mary Jane Sowa, Fort Bend County Engmeenng
. \.\
---~-----CCFO·=-RT~B-END~-C-O-U-N-TY--~----~~--~
COMMISSIONERSCOURTAGENDAREQUESTFORMRETURN TO: AGENDA COORDA::OUNTY JUDGE'S OFFICEI I Uff
DATE SUBMITTED: ~ / IS / nt SUBMIITED BY: I·/ DEPARTMENT: ~
OrigInal Form Submitted with back up to County Judge's Office: Yes W
Completely fill out agenda form, lDcomplete forms will oot be pnx:=dFu or IOter-office cop'''' of "%,,nda form WIth :ill bad, up 1I!formmon b) Wedneoday at 1.0Il p.m. to the departmentslisted above.All ongmal back-up murt be rec"",ed m the Count") judges Office h) 2.00 p.m 00 Wednoday
1nStrUCUons for submltnng an Agenda Reque:!t.
3.
RECO:M:M:ENDATION / ACITON REQIJI:STED:
FORT BEND COUNTY ENGINEERINGFort Bend County, Texas
D Jesse HegerruerCounty Engineer
May 16,2001
Judge James C AdolphusFort Bend County Judge301 Jackson Street, Suite 719RIchmond, Texas 77406-0148
RE: Change Order No.7, Justice of the Peace and Constable Pct. 1 Needville FacilityRevisions to plans as of 2/27/01Revised to Accepted Changes Only
Dear Judge Adolphus
Fon Bend County EngIneenng has revIewed the attached Change Order No 7 for the Justice otthe Pe.lce and Constable FaCIlIty and recommends approval
Change Order No.7: Increase $5,209.15
DescnptIon
Delete 10'-8' lInear feet of low wall and gate #29ThIS change was reqUIred to deleted a hall way andlOcorporate the space lOto the clencaj .lrea Requestedby the JustIce of Peace
$ (810 66)
2 $ (17363)Delete 6'-\0' ot walls .It dnnkIng tountmnThIS Item IS part ot revIsIon shown In Item 1 above
3 $ 11275Steel columns at G-2 and F-2 and c1encal to remaIn expo,ed. withcolumns belOg pmnted and rubber base lOstalledThIS Item IS part ot reVISIon shown In Item 1 above
4 no chargeExtend c.lrpet to Lobby from c1encal lo lIeu of VCT tIleThIS Item IS part ot reVISIOnshown lo Item 1 above
5 Add new door (type 0-2) and hardware set L-3 3070 Hollm\ met.llrr.lme .lnd 3070 P-L.lm door WIth VI,lon glassThIS Item IS part ot reVISIOnshown lo Item I .lbove
$ 1,01211
6 :£ 32540Add payment drop Unit .It South lront SIde or buddIngThiS reVISIon I, to add .In alter hours deposit slot Reques\ed byJu"tlce 01 Peace
7 Electncal changes-add two each 2 x 2 lay-m light fixtures $ 333 74(clencal room).ThIs Item IS part of reVISIOn shown m Item 1 above
8 Electncal changes - add one new EXIt light at ceIlmg (Lobby) $ 308 93ThIs Item IS part of reVISIOn shown m Item 1 above
9. Electncal changes - Add electncal power sources to doors #6,8,9 & 18. $ 281.87ThIs Item IS requIred to provIde electncal power to listed doors for thedoor hardware
to
11.
Credit Electncal Hardware at doors, 7, 10 and 11ThIs Item deletes the electncal hardware which IS not requiredfor the listed doors
$ (1,308 00)
Add 12 each type "H" extensIOn arms (Arch Called m to Electnclan)ThIs Item proVIdes for extensIOn arm for the llght fixtures m the mamlobby to provIde an even dlstnbutlOn of hght
$ 451 00
12 Vanous Site changesThese reVISIons were requIre to provIde adequate dram age and accessto the new bUlldmg
$ 3,53470
13 $ 1,14094To select the Vi' Wllsonart - Montelh m heu of the ongma! bId of asohd color WIll be an Up charge of (matenal and labor)ThiS change IS for addmg back-splashes at the tOIlet room vamtlesand to change the color from a standard color to a custom color
TOTAL CHANGES (Increase) $ 5.209.15
If there are any questions or need for addItional mformatlon, please call me at (281) 342-3039#129
Smcerely.
~crt~LOUISE. Hood, P EFIrSt ASSIstant County Engmeer
LEHlmJs
cc Ftle
~ORIGINALCHANGEORDERAlA DOCUMENT G701
DlstnbutlOn toOWNER .x
ARCHITECT "-CONTRACTORFIELDOTHER
PROJECT(name, address)
CHANGE ORDER NUMBER 7JustIce of the Peace & ConstablePct 1 NeedvJ11e Faclhty lNlTlA TION DATE 5/14/0 I3114 Rosenberg StreetNeedvJ1le, Texas ARCHITECTS PROJECT NO 120198
TO (Contractor) Bass Construction Co , Inc3014 Ave I, SUIte #3 CONTRACT FOR
The Contracr IS changed as followsvanous reVISiOns per Arch, County, Judge and Constable(see attached)
$ 5,209,15
Total $ 5,209,15
Not valid until SIgned bv both Owner and ArchitectSignature of the Contractor mdJcates hIS agreemem hereWIth mcludmg: anv adjustments m the Controcr Sum or the CODrrnC1"T,me
The ongmal (Contract Sum) (Go"n"'t"s 'J,'"mom Cest) was
Net change by prevIOusly authonzed Change Oroers
The (Contract Sum) (Go.r'R'ees 1,1"<Im_ Cest) pnor to thiS Change Order was
Tne ( Contract Sum) WIll be (mcreased) (aeerea;;eEl) (oRellaRged)
$ 654,879,00
$ 15,991.19
$ 670,870,19
"by thIS Change Order m the amoLnt of
The new (Contract Sum) (GoaraA'e,s "1"Hm"", Cast) mdudmg thiS Change Order \\11] be
The Contract Time wIn b~(increa>ed) (eeereaseal (oRellaRgee) 26 cal davs.
The Date of Substantlal CompletIOn as of thIS Change Order therefore ISan addlllonaI 2" caI. days.
S 5.209 15
$ 676,079.34
Dawsev! ASSoclatesf Architects
Authonzed
Bass Constructlon Co. Inc Fart Bend CountvArchnect CO"lTRACTOR OW'NER
-\ddress Address13515 S'W Freewa" 3014 Ave l. SUlle #3 500 Llbem' St. SUIte 103
Mr. Leo Dawsey13515 S W Freeway, Sle 204Sugar Land, Texas 77478
RE. FBC Needville Justice of the Peace ProjectRevIsIons to Plans as of 2/27/01
Revised to Accepted Changes Only
1. Delete 10'-8" Imear feet of low wall and gate # 29MatenalLaborDelete Door # 29 - matenalLabor
$SS5
SubtotalPlus 2 1/2 % BondPlus 10% P & 0
(2'39 00)(11000)(27500)
(75 00)$$$
(719 00)(17 97)(7369)
Total DeductIon $ (810,66)
2. Delete 6'-10" of walls at dnnklng fountainMatenalLabor s
(70,00)(8A. 00)
SubtotalPlus 2 1/2 % BondPlus 10 % P & 0
sss
(154 00)(385',
(15 73)Total DeductIon s (1i3,63)
3 Steel columns at G-2 and F-2 and c1encal to remain exoosEdpainted and rubber base InstalledMatenalLabor
With columns being
S 3500S 6500
SubtotalPlus 2 1/2 % BondPlus 10 % P & 0
$ 10000S 250$ 1025
Total AdditIonal Cost $ 112,75
4 Extend carpet to Lobby from clencal In lieu of VCT tileNo Charge
5 Add new door ( type 0-2) and hardware set L-3, 3070 Hollow metal frame and 3070P-Lam door WIth IIISlon glass $ 212 00Glazing for door 0-2 $ 25 00Hollow Metal Frame $ 112 00P-Lam Door $ 106 00Hardware $ 171 00Sheetrock M & L $ 85 00PalntM&L $ 3666Frame and Door Labor $ 150 00Subtotal $ 897 66Plus 2112 % Bond $ 224APlus 10 % P & 0 $ 92 01Total Additional Cost $ 1,012.11
6. Add payment drop umt at South front sIde of bUildingBaldwin Letter DropRain GuardPaint M & LChute and Installation
$$$$
SubtotalPlus 2 1/2 % BondPlus 10 % P & 0
$$$
5995800
36661840028861
7212958
Total Additional Cost $ 325.40
7. Electncal changes - add two each 2 x 2 lay-tn light fixtures (dencal room)Matenal $Labor $Plus 2 1/2 % Bond $Plus10%P&0 $
1780011800
7 <10
3034Total AddItional Cost $ 333.74
8 Electncal changes - add one new EXit light at ceiling (Lobby)MatenalLaborPlus 2 1/2 % BondPlus 10% P &0
$$$$
211 006300
6852808
Total AdditIonal Cost $ 30893
9 Electncal changes - Add electncal power sources to doors # 68,9, and 18Matenal and labor $Plus 2 1/2 % Bond $Plus10%P&0 $
25000625
2562Total AddItIOnal Cost S 28187
10 Credit Electncal Hardware at doors 7, 10 ana 11
11. Add 12 each type "H" extensIon arms (ArchMatenal onlyPlus 2 1/2 % BondPlus 10% P &0
Called tn to Electnclan)$$$
s f1 :lea 01]\
400001000<11 00
Total Additional Cost 45100S
12. Vanous Site changesa. Demo 108 SF of 5" concrete at $2 00 per SF $ 21600b. Repour 108 SF of 5" concrete at $2 89 per SF $ 31300c. Credit 750 SF of 5" concrete at $ 2 89 per SF $ (2,16800)d Install 360 LF of 3' x 5" vee gutter $ 5,47600e. Credit 416 SF of 3' x 5" concrete at $2 89 per SF $ (1,202 00)f Remove one tree 16" diameter +/- $ 50000Net $ 3,13500Plus 2 1/2 % Bond $ 7837Plus 10 % P &0 $ 32133Total Additional Cost $ 3,534.70
13 To select the 1/2" Wllsonart - Montelli In lieu of the anginal bid of a solid color Will bean up charge of ( matenal and labor)Window Sills ( 4) $ 15000Lavatones & Pass Thru Windows $ 425 33Add Backsplashes $ 436 60Subtotal $ 1,011 93Plus 2 1/2% Bond $ 25 29Plus10%P&0 $ 10372Total Additional Cost $ 1,140.94
$ 5,209.15 I"
Sincerely
Nelson I. Bass. JrPresIdent
N1B/kn
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO: AGENDA COORD.-COUNTY JUDGE'S O~ICE1/ /1 -'J
Original Form Submitted with back up to County Judge's Office: Yes (0"
Completelyfill out agenda form, I.Dcompleteform. will not be processed.2. Fax or anter-officecopies of agenda form with all back up Wormanon b) Wednesday at 2.00 p.m. to the departments
lIsted above.3. All oogma! back-up must be receIVedm tbe Count) Judges Officeb)' 2:00 p.m. on Wednesday.
lnstruction. for submlthng an Agenda Request.
RECOMMENDATION / ACTION REQUESTED:
I~~* AGENDA ITEM ~".
~ {"12M/Df
Texas Department of Transportation \0 \.>JP.O. BOX 1388· HOUSTON, TEXAS n2S1-1388. (713)802·5000
May 15,2001CONTACT CONSULTANT
Fort Bend CountyCSJ 0912-34-100CR Mason Road from FM 359
to Grand Parkway (SH 99)
CSJ 1415-01-032FM 1464 From SH 99 to FM 1093
CSJ 0543-02-051FM 359 From US 90A to Jones Creek
Mr D Jesse Hegemler, P ECounty EngmeerFort Bend County EngmeenngFort Bend County1124 Blume RoadRosenberg, Texas 77471-1449
Dear Mr Hegemler
Please find attached one fully executed ongmal counterpart of a fundmg agreement for each ofthe subject projects We request that you retam these agreements m your permanent records
Per the respective fundmg agreements, Fort Bend County (County) agreed to pay the State theCounty's portIOn of the Texas Department of TransportatIOn's cost to review the projects uponfull execution of each agreement Please let thiS serve as your notificatIOn that the County owesthe State $4,345 for FM 359, $8,929 for FM 1464 and $4,811 for Mason Road Please remitthese funds at your earliest convenience
We understand that you have advertised for consultants to perform the work on these projectsand are now ready to select consultants
An Equ.' Opportunity Employ.,
Mr D Jesse Hegemler, P EMay 15,2001Page 2
Please let us know If we can be of any assistance m helpmg you to develop a scope of work forthese projects
Please contact Mr Mark D Patterson, P E , at (713) 802-5506, should you have any questIOnsconcemmg thiS matter
~ElvJa R Cardmal, P EDlfector of ConsultantContract AdmmlstratJonHouston District
MDPhaAttachmentscc Mr Mark D Patterson, P E
Mr Alan Clark, Houston Galveston Area Council
. FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE, h ....
DATE SUBMI1TED: .5/ I~//ll SUBMI1TED BY: ,. R fMAo AGENDA. DEPARTMENT: E", f I lJ,Ufl, 7 ITEMCOURT AGENDA DATE: 5"/2¥21 PHONE NO.: #IDX
Original Form SubmItted with back up to County Judge's Office: Yes ()
Completely fill out agenda form, Incomplete form. will not be processed.1. Fax or IDter~ffice COpIes of agenda form wnh all back up tnformatlon by Wednesday at 1.QO p.m. to the department.
lISted above.3. All origmal back-up must be re<:"",ed In tbe Count) Judgeo Office h~ 2:00 p.m. on Wednesday.
InstructIOn. for submItting an Agenda Request:
RECOMMENDATION / ACTION REQUESTED:
CLR (OMurn Unseisen & Ratcliff, Inc. MAY 1 6 2~Jl
May 15, 2001
Mr. 0 Jesse Hegemler, PEFort Bend County Engineer1124 Blume RoadP.O Box 1449Rosenberg, Texas 77471
Re Billing No.4Services thru 4/28/01Contract #000-30 (PE/EA Contract)Harlem Road, Route Study & Schematic DesignCLR #01-003-00
Dear Mr. Hegemler
Please find enclosed Billing No 4 (Consultant's Invoice No 28901) in the amount of$17,071 14 for your consideralion and processing The following items are attached:
TOTAL $388,744 47 2321% $90.21506 $73.14392 $17,07114
CLR Confidential 51812001
CLR
Highway:Limits:CLRI:
Harlem RoadFM 1093 to US 90A01-003-00
PROGRESS REPORT No.4APRIL,2001
Summary - Reviewing information gathenng Refined alternate alignments Teammeeting to review adjusted alternates March 7, 2001
FUNCTION CODE 110 - PRELIMINARY ENGINEERINGPrepared access request and sent to TXI Apnl 2.Dlstnbuted refined alternates to project teamPrepared progress meeting minutesResearched eXisting TxDOT draWingsPrepared follow-up access request to TXI Apnl 16Received Fort Bend Design Cntena Apnl 16Prepared for and attended progress meeting Apnl 26Utility research - field investigation and contacted companiesDetermined functional classification and deSign cntenaPrepared deSign cntena spreadsheet summanzlng deSign optionsDeveloped preliminary typical sections
FUNCTION CODE 120 - ENVIRONMENTAL AND PUBLIC MEETINGS/HEARINGSNo work thiS penod Awaiting TXI approval for access.
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Original Form Submitted with back up to County Judge's Office: Yes W
CC with back up:yes ( ) Auditoryes () Budget Officeryes ~County Attorneyyes ( ) Purchasing Agenti ~~~ :>CountyClerk
i
1. Completely rill out agenda form, incomplete form3 will not be p~eosed.2. Fax or inter-office COPIe.of agenda. form with ill back up information by Wedne.day a12:GG p.m. to the departments
lirted above.3 All onginal back-up murt be received in tbe C)WIt) Judgt:3 Office or 2:00 p m. on Wedne3da~.
Inrtrucnon3 for submittIng an Agenda R.equ=
RECOMMENDATION I ACTION REQUESTED:The F.B.C. Health and Engineering Departrrents have no obJections to the relocation of theWaterwell and On-Site Sewage Facihty for thl.S property. All Separatlon fustances can beme~, and the platted or exisnng locations of the waterwells & on-site sewaqe facilitiesof the neighOOrmg lots will not be effected.
FORTBENDCOUNTYENGlNEEIDNGFon Bend County. Texas
D Jesse HegeIIllerCounty EngIneer
May 9. 2001
Garry Gana, R. SCounty SanltananFort Bend County Health DepartmentP. O.Box 668Rosenberg, Texas 77471
RE: Relocation of the OSSF & Water Well for Lot 17, BIk. 1, Grand River Subdivision
Dear Mr. Gann:
The Fort Bend County Engmeering Department has reviewed the request for the referenced lot.The County mterposes no objectIOn to the proposed relocatIOn of the OSSF and Water Well assubmitted.
Should you have any questIOns please do not heSitate to call.
ASSistant to County Engineer
NDHl1TIJs
cc' File
no n It·O ' ..... 'nl __ n __...l _ n l... 'T' ....... 1...1. f'1Q'\?" ....n'"1ll.---"'--C"'v('1Ql'':lI'''--::t:.;::;:
" .~ - '
FORT BEND COUNTY ENVIRONMENTALHEALTH DEPARTMENT
FORT BEND COUNTY, TEXAS ~sPER ORIGINAL
May 7, 2001
(281) 342-7469Fax (281)342-5572
Mr Louis Hood, P EFort Bend County Engmeering Dept1124-52 Blume RdRosenherg, Texas 77471
Re Relocation of the OSSF & water well for Lot 17, BIk. 1, Grand River SubdiVISion
Mr Hood,
The Fort Bend County Health Department has received a request to relocate the waterwell and OSSF Lot 17, Blk 1, Grand River Subdivision. The property owner has submitted anOn-Site Sewage Facility design that meets all permitting requirements, including the setbackdistances from the existing wells The neighboring lots will not be affected if the OSSF and wellsfor these neighboring lots are installed according to the plat. I have included a copy of the newwell and OSSF location for this property for your review Please let me know the results of yourreview and any recommendations you may have for this site
IfI can he of further assistance to you, please contact me at the telephone number listedabove
Smcerely,
~County Sarutanan
100'
A
Approx - - ~ge of Jon; ~k35' l--5oge
or~o50'
r----1£:.I ----,I II II I
IIII
25391 '
\N
\ .Scale1"=60'
Undeveloped LotNo wells v.lthln
100' of propertyline.
518.35" ... _-,......,.50'
PossibleProposed
BarnLocabon
--65.00'
•100'
a
a-2-way Cleanoutb-500gallon Trash Tankc-Hydro-Acllon G-500d-750gallon Pump Tank fe
30' Large
- ------./(25' "
ProposedPool
Locabon
-.//
Proposed4 Bedroom Home
3745sq.ft
OSSF PLOT PLAN1722 Grand River DriveRichmond, TX 77469
1 Completely flll OUI agenda form Incomplete fom'lS ,\1111 not be processe<l.2. Fax or Inter-offiC9copiss of agenda form With all back up ,monnallOnby Wednesday, 2 00 pm to tM
aepartments lIated above3 All original ~ok-up must be receIVed in the County JU<lge" Office bJl2 00 p m Wedneeday
RECOMMENDATION I ACTION REQUESTED,
APPROVE 14 DAYS OF EXTENDED SICK LEAVE
FOR WILLARD STUCKEY
lO'd 91:v1 lOOc 91 new ld3Q '::JHJH.:IS198-1v£-13Z.xe.:l
HUMAN RESOURCES DEPARTMENTFOFlT 9ENO COUNTY TEXAS
Thomas MAnderson, JD, SPl-tADtttdor
MEMORANDUM
TO: judge James AdolphusCommisSIoner Tom Stavinoha, Pet. 1Commissioner Grady Prestage, Pet. 2CommiSSIoner Andy Meyers, Pet. 3Commissioner James Patter~n, Pet. 4
FROM:
Marc Grant, Road and Bndge CommIsSionerCommiSSioners Court Members
Paula J. Kutchka, PHR ~Employee Relations Specialist ~
cc:
SUBJECT: COMMISSIONERS COURT AGENDA ITEM
DATE: May 16,2001
Marc Grant, Road and Bridge CommisSioner,has requested ,m item to be placed on th€May 22, 2001 Commissioners COurt Agenda, see attached memorandum. The followingstaff briefing provides InfonTiatlon regarding the request for your conSideration.
Background
Attached IS the memorandum from Marc Grant requesting that Commlsslonen; Courtgrant the maXlmvm <llJowed extended sick days for Willard Stuckey. Section 709.04 ofthe County Employee Information Manual regardmg Sick leave states:
Employees who have used up their accumulated Sick leave may tnen /JSe theirnon-FLSA compensatory time, vacation tlme, deferred time and deferredholidays. Arter all accumulated time has been used by the employee,. additionaltime off is time off WIthoutpay. Non-exempc compensiltory time mllY only beused by an employee when FMlA leave does not apply. Sick tJme may not beborrowed from others.
Section 709.05 of the Employee Information M"nual states'
In speaal cases where IJmely claim fur such IS made and plJrely ilt the judicialdIscretIon of Commissioners Court, s;,id Court reserve5 the ripht to extendri?fJular 5ick leave benefits, on a case by case basfs. All accumulated tJme mustbe IJsed up before extended SICkleave can be 9J<mted by CommissIoners Court.
Willard Stuckey has been employed With Fort Bend County since April 5, 1995. As of theend of the last pay period (Friday, May 11, 2001), Willard had only 2.47 hours of sickleave, and 3.08 hours of vacation dme, or a total of 5.55 hours of accrued time (I~sthan 1 day).
Recommendation
Human Resources recommends that Commissioners Court grant extended $lck leave.WIllard qualifles for 14 workdays of extended sick leave according to the schedule listedIn Section 709.06 of the Employee Information M,lnual Willard mUst first exhaust all ofhiS accrued leave. Beyond thiS extenSion, any additional time off will be time off WIthoutpay.
If you have additional questions, please call me at 281/341-8624,
Attachments
/P1K
£G'd n ,171 WOZ 91 fieW ST98-1v£-18z.xe~ 'ld3G '(jH )El.:J
FORT BEND COUNTY ROAD & BRIDGE DEPARTMENTForI Bend County, Tex~s
MARC S. GRANTRoad CommISSioner
(281 p42.45 I 1
Fax ClUJ 238·1"35
Date: May 4, 2001
To Human Resources
from; Joyce TrahanAdministl"lltive SecretaI)'Road and Bridge
Re: EXlended Sick Leave
Wtllard Stuckey, SS# . , will soon exhaust all of his sick time due: to ~wgery.His date of hire is 04-05-95, therefore we are requesting 14 days as outlined in theEmploy~ InformatIon Manual.
Thank you
Ce' Marc Grant, Road and CommiSSIonerRoby Tate, Nonh ZoDI; Superintendent
FORT BEND COUNTYCOMMISSIONGRS COURT AGENDA REQUEST FORM
~ETU~N TO AGENDA COORDINATOR - COUNTY JUDGE'S OFFiCE
DATE SUBMITIED 05/16/01 DEPT SUBMITTED BYDEPT PHONE NUMBER
HRgEPl161.341.8131 \""8
AGENDA ITEM #: -S...COURT AGENDA DATE: 05122101
SUMMARY OF ITEM:
EXTENDED SICK LEAVE FOR JODY KUCERAAN EMPLOYEE IN THE ROAD & BRIDGE DEPARTMENT
RENEWAL CONTRACT IACREEMENT: Yes () No (X)
\"IST SUPPORTING DOCUMENTS ATTACHED Memo from H.R. and(Back-up documentat,on must be attached 1o. consideration) Memo from Roa~ & ~_rl-...::d~9~e_._--J
FINANCIAL SUMMARYBUDGETED ITEM
Yes () No () NfA ()
ANNUALIZED DOl.LARS: COMMENTS
One Time (I
Fund.ng Source. ReCUrring ( )
()Fund Agcy. Object NIA
Onglnal Form Submitted With back up 10 County Judge's Office. Yes (X)CO with back up
Yes (Xl AUditorYes()() BUdget~cerYes (X) County AttorneyY". ( ) Purchesing AgentYes (X) County Clerk
Yes (X) Comm Pel 1 (281-342-0587)
Yes (Xl Comm Pel 2 (281-403-8009)
Yes (Xl Comm Pel. J (281-242-9000)Yes (Xl Comm Pel. 4 {281-980-9077}
Completely fill out ~genljll (0011 Incomplete fo.ms wlil not be proc8.'lsedFax O' inte'-office copies o( agenda form wrth all back u~ IOformaMnby Wednesday, 2:00 pm. to thed"parlmentA Usteel a/Jove.All original back-up must be received.n the County Judge'S Office by 2.00 P '!" Wednesday3
RECOMMENDATION I ACTION REQUESTED:
APPROVE 4 DAYS OF EXTENDED SICK L.EAVI;
FOR JODY KUCERA
SO'd L1.v1 100~91 new ld3Q ;.jHJ8~
HUMAN RESOURCES DEPARTMENTFO~T BEND COUNTY. TEXAS
ThOrn.. M Andllrscn,JO. ~HROl'llol<>,
MEMORANDUM
TO: Judge James AdolphusCommissioner Torn Stavinoha, Pet. 1CommiSSioner Grady Prestage, Pet. 2Commissioner Andy Meyers, Pet. 3COmmiSSIoner James Patterson, Pet. 4
FROM:
Marc Grant Road and BrIdge CommIssIonerCommissioners Court Members
paula J. Kutchka, PHR ~Employee RelatIons speClallst:t8\J \
cc:
SUBJECT: COMMISSIONERS COURT AGENDA ITeM
DATE: May 16,2001
Marc Grant, RO<lQ and Bridge Commissioner, has requested an Item to be placed on theMay 22, 2001 Commissioners Court Agenda. see attached memorandum. The follOWingstaff bnefins prOVides Information regarding the request for your conSideration
Background
Attached IS the memorandum from Marc Grant requesting that CommiSSIoners Courtgrant the maximum allowed extended Sick days for lady Kucer<l. Section 709.04 of theCounty Employee Information Manual regardmg SIcKleave states:
Employees Who have 1J5er:1up their ila;(Imulated sIck leave may then use thetrnon-FlSA compensatory t:Jme, vacation (ime, de~m!r:1 time and deterredhollcla)l$. A~r all accumlJlarecl time has tJeen used by the employee; i/dditJonaltIme off i5 tIme off wi!;hout pay Non-exempt, compensatory time /My only beused by an employee when FM/..Aleave does not apply. SIck time may not beborrowed from others.
Section 709.05 qf the Employee Information Manual states:
In spedal cases where timely dalm for such Is mi1de iJf1dpurely lit tI7e }lldicialdiscretion of Commissioners Court, said Court reserves the right to extendregular sick lea ve benefits, on a case by C1JseDa615. All arxumuli1ted rime mustbe used I.Ip before extended sick leave can be granted by Commissionf!!f5 Court.
lady Kucera has been employed With Fort Bend County since April 17, 2000. As of theend of the last pay penod (FridaY, May 11, 2001), JQdy had only 13.91 hours of Sickleave, and 15.99 houn; of vacation time, or a total of 29.90 houn; of accrued tlme (justover 3'12 days).
RecommendatiQO
Human Resources recommends that CommissIoners Coult grant extended sick leave.Jody qualifies for 4 workdays of extended sick leave according to the sd'ledule lIsted inSection 709.05 of the Employee Information Manual. iody must first exhaust all of hisaccrued leave. Beyond this extension, any additional time off will be time off Withoutpay
rf you have additional questions, please call me at 261/341-6624
A ttachmel7ts
fplk
LO'd 81,vl lODe 91 new 'ld3G .(jH J8.:1
FORT BEND COUNTY ROAD & BRIDGE DEPARTMENtFort Bond Co~nt)' Texu
Jody V. Kucera, SS# • • will soon ellhaust all of his leave balances due toheahh problems HIS date of hue IS 04-15-2000, therefore we are requesting 4 days ofextended sick tOOl;!as outlined in the Employee Informatlon Manual
Thank you.
cc Marc Grant, Road ConunisslOner
.,1'\1 'D.. ,,,.._ T an.-. rl'":ahh TI!:XM 77469 • P a Box 148. RIchmond Texa.s 77406-0 lJ880'd 81.\71 WOG 91 new S-98-117£-12C w~ 1:1::= ~H ~'E-=
------
FORT BEND COUNTYCOMMISSIONI;RS COUR.T AQ~NDARI;QUEST FORM
RETURN TO AGENDA COORDINATOR - COUNTY JUDGE'S OFFICE
DATE SUBMITTED' 05/16/01 DE,.T. $UBMITIED BYDEPT PHONE NUMBER
~281.341.U31 \ O\r
AGENDA ITEM #. ~COURT AGENDA DATE 05/2210.1r::::7.'::-;-:-::::-;-:::~="'----------- ---- -------.-----,SUMMARY OF ITEM.
EXTENDED SICK LEAVE FOR LENORA MORENOAN EMPLOYE': IN THE TREASURER'S OFFICE
RENEWAl. CONTRACT I AGREEMENT. Yes () No (X)
LIST SUF'F'ORTING OOCUMENTS ATTACHED Memo from H.R. and(Back-up documentation must be allached for considerabon) Memo from Treasurer_._-----------'
r-=:0:77=:-~"..."..=='"""=_-~------- .---------
Funding Source
ANNUALIZEO DOLLARS
OneTime ()
ReGUr1Ing ( )
COMMENTS'
Fund Object NIA ( )
Ong.nal FOrni Submitted with baCk up to COl,lnty Judge'S OffICeCC with back up
InvtrUClions lor sUbm'tllng an Agenda RequeS! I1 Compliti1y fill Qut agenda form InCDmplelBforms will not be procesMd. :=J2 Fax or Inler-office cop.e. of agenda lonn WltI1all ba<:kup 1111QrmatlOnby Wedn&sday. 2.00 p m to the
departments I'*,ed above:3 All O''Il.nal back-up must be receIVed.n tilt County Judge s Orne.. by Z 00 p.rn • WednlAday
RECOMMENDATION I ACTION REQUESTED'
~PPRQVE20 DAYS OF EXTENDED SiCK LEAVE
FOR LENORA MORENO
60'd SI.VI lOGe 9l new SI98-lv£-l8c xe~ 'ld30 dH J8.:1
HUMAN RESOURCES DEPARTMENTFORT BEND COUNTY, TEXAS
Tllom.. M Andulson, JO, SPHAo.'5k>r
MEMORAt4DUM
TO: JUdge James AdolphusCommissioner Bud O'ShielesCommissioner Grady PrestageCommiSSioner Andy MeyersCommissioner James Patterson
cc: Kathy Hynson, TreasurerCommissioners Court Members
FROM: paula J. Kutchka, PHREmploy€e Relations Specialist
SUBJECT: COMMISSIONERS COURT AGENDA ITEM
DATE: May 16, 2001
Kathy Hynson, Treasurer, has requested an Item to be placed on the May 22, 2001Commissioners Court Agenda, see attached memorandum. The following staff briefingprovides inmrmabon regarding the request for your consideration.
Background
Attached is the memorandum from Kathy Hynson requestIng that Commissioners Covrtgrant the maximum allowed extended sick days for Lenora Moreno. section 709.04 ofthe county Employee Information Manual regarding sick leave states:
Employees who have used up theIr aCCJJmulatedSIck leave may th~ use theirnon-FLSA compensatory time, vacation bme, defetTed time and deferredtlClldi1J1$. After a/I accumulat8d ome has been used by the employee; 8dditionil/IJme off IS time off WlthOI/t pay. Non-exempt, compensatory bme may only beu5e!dby an employee when FMlA leave does not ilPply. $Ick time may not beborrowed from others.
OT'd 8Toll. WOe 9. new Sl98-lll£-l8i:,xe.: 'ld3G 'dH J8.:1
Section 709,05 of the Employee Information Manual states:
In special cases where timely claim for such is made and purely iJt the JlJ(/iciiJldiscretion of Commi$Sioners Court said Court reserves the nght to extendregular SIck leave benefits, on a case by ,,,Sf! basIS. All accumul8ted lime mustbe used up before extended sick leave can be granted by Commissioners Court.
Lenora Moreno has been employed with Fort 6end County since February 17, 1992. Asof the end of the last pay period (Friday, May 11, 2001), lenora had only 27 16 hours ofvacation ome, 2.47 hours of Sick leave, Or a total of 29.63 hours of accrued time (lessthan 4 days).
Recommendation
Human Resources recommends that Commissioners Court grant extended Sick leave.Lenora qualifies for 20 workdays of extended sick leave according to the schedule listedin Section 709.06 of the Employee Information Manual, Lenora must first exhaust all ofher accrued leave. Beyond thiS extenSion, any additional time off will be time offWithout pay.
If you have additional questions, please call me at 281/341-8624,
IpJk
n'd 61,u1 100c 91 new S198-1u£-18c.xe~ 'ld30 '<lH )8..:1
COUNTY TREASURERFort Bend Co!)nty. Tllxas
KATHY HYNSONCounty Treasurer
(261) 341-37'0Fax (281) 341·3757
MEMORANDUM
TO: Paula KutchkaHuman ResourCeS Department
FROM: Kathy HynsonFort Bend County Treasurer
SUBJECT: Extended SIck leave for Lenora Moreno
DATE: May 10. 2001
Lenora Moreno has been employed in my offIce since 1992. Due toany unforeseen Illness, Lenora has used almost all of her accumulatedtIme and I wOl.lld likE!to ask the court to extend her SIck leave. Sheshould be eligIble fOl' 20 days of extended sick leave.
Thank you for yout assIStance.
309 S. 4th Street- SUite 514· POBox 1202' Richmond, Texas 77406·'2(2
(Td 61.171 100;:: 91 neW s;98-117s:-1sc.'12~ U3G '::IH JI1.:J
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO AGENDA COORDINATOR- COUNTY JUDGE'S OFFICE
DATE SUBMlTIEO. 05116/01 DEPT, SUBMITTED BYDEPT. PHONE NUMBER,
COURT AGENDA DATE' 05/22/Q1
SUMMARY OF ITEM
EXTENDED SICK LEAVE FOR VALERIE MURRAY
AN EMPLOYEE IN THE E. M. S. DEPARTMENT
RENEWAL CONTRACT I AGREEMENT Yes ( ) No (Xl
LIST SUPPORTING DOCUMENTS An ACHED Memo from H.R. and(Balik-up documontabon must be attachod for cons,d"",lion) Memo from E.M.S.
OrllJlnal Form Subm,tted With baek up to County Judge's Office: Yes (XlCC WIth back up
Yes (Xl AuditorYes (Xl BUdget~Ger
Yes (Xl COunty Attorney
Ves ( ) Purcnaslng AgentYes (Xl County Clerk
Ves (Xl Comm, Pet 1 (281-342'{)587)Yes (X) Comm. Pel 2 (281-403-8009)Yes (X) Comm Pel. 3 (261·242-9060)Yes (X) Corom Pet 4 (21)1-980-9077)
(2.81-341-3774)
(261-344-3964)
(281-341-4557)
(281-341-8ij42J(281-341-8697)
Instructions for subrnltllng an Agenda Request,
1 Completely fill oul agenda form Incomplete forms wll nol b~ processod.2 Fal< or Inter-officeCOpiesOfagenda form wllh aUback up InmrmallOl1 by Wednesday 2 00 p m 10the
departments listed above3 All OI'lglO8Iback-Up must be received 'n 1119County Judge's Office by 2 00 pm. Wednesday
Daniel Kosier, Director, EMS, has requested an item to b@plaCE!don the May 22, 2001CommiSSioners Court Agenda, see attachell memorandum. The following staff briefingproVides information regarding the request for your consideration.
Background
Attached IS the memorandum from Daniel Kosier requesting th<Jt Commissioners Courtgrant the maxImum allowed extended sick days for Valerie Murray, section 709.04 ofthe County Employee lnfonmation Manual regarding SIc\( leave states:
Employees who nave IJsed liP their i1CCllmlJ/~wasIck leave may then use theirnon-FLSA compensatory time, vaca/:Jon time, deferred time and defelT@liholidays. After all accumulated time hilS been used by f:l7eemployee; additioni11tIme off IS time off without pay_ Non·exl!lT1p~ compenSi1tory time miJy only beused by an employee when FMI.A leave does not appfy Sick time may not beborrowed from ot:flers.
P~'c'2
AO$llI\bGrgAnne~,4520AeadJngAoad.R"""'be~ Texa57747' • 2S1/34\·B617' Fax 2811341-l1615www.CO.IOII-QU"" \l( us
Seetlon 709.05 of the Employee Information Manual states'
In speaal cases where timely claim lor such Is made and purely at the judldaldiscretion of Commissioners Court said Court ~rve$ the tight to extendregular SiCk leave benefits, all a case by case basis. All accumulated time mustbe uS8d up before extended sick leave can be gt<1ntedby Commissioners Court
V..leri~ Murray has bEen employed with Fort Bend County since Apnl 4, 1998. As of theend of the last pay penod (Fnday, April 13, 2001), Valerie had only 3.08 hours ofvacation tlme, 2.47 hours of sick leave, or a total of 5.55 hOI.Jr5of accn,Jedtime (lessthan 1 day).
Recommendabon
Human Resources recommends that Commissioners Court grant extended sick leave.Valene Murray qualifies for 8 workdays of extended Sick leave according to the schedulelisted il1 section 709 06 of the Employee Information Manual. Valerie must first exhaustall of her accrued leave. Beyond this extension, any additional tlme off will be time offWithout pay
If you have additional questions, please call me at 281/341-8624.
IpJk
PlIgll2 of 2
Sl'd OG,vI IOOG 91 new 'ld3G 'ClH J8.:1
FromTo.Dalo:Sllbje<:t:
Daniel Kosierpallill Kutch ka5115/01 9:27AMValene Murray extendeo SIck time
PaUla,It i$ my understanding that Valerie 15either out of lime or will be out of lime very shortly Please place herreques1 for exlended SIC~lime on tne next available court agendaThanks.Daniel
91 d Oc.vl 100e 91 new
FEe PURCHASING DEPT. Fax'281-341-8642 May 16 '01 12:33 P.Ol
COUNTY PURCHASING AGENTFort Bend County. Texas
GIlbert D la/Olllo,Jr., CPPBCOllnty P1u<b&SlD& A&ol\~
(~81)~1-~Fax (281) 341-8645
TO Office ofthe County JudgeFort Bend County. Texas
SUBJECT- A,genda items Conunissioners Court May 12, 2001
Consent ~Dda Itrms:
Consider renewing the following term contracts
a Office supphes - #99-049,b Pavementmarlcing. #00-051
Regu!ar .YeDda Items:
I ConSIder talang actIon on Bid #0 l.Q4S • 1 ton truck (Bids open Monday, May 21" @ 1:3<'lpal)
2 Consider accepting pnce increase from Impressive Pnntmg pursuant to Bid #99-055 Prin1ing ofstationary
M&t. Grant • RDIId and BudgeBouche MloU)i. EJCtonswn
4520Re.dmgRd. SUire A • Rosenberg.TX7747\
FBC PURCHASING DEPT. Fox '281-341-8642 May 16 '01 12'33 P.02
O:£f:lcB~r.Business Services DMslon
MayS, 2001
Ms Debbie Kaminski, CPPSAssistant County Purchasing AgentFort Bend County4520 Reading Road, Suite AROSMberg, Texas 77471
RE. Fort Bend County Bid #99--049- Terl'l'tcontraclfor lre purchase of officesupplies for Fort Bend County
Dear Ms Kaminski,
Under the contract proviSions on the above referenced bid, we at Office DepotBusiness Services DiviSIon Wish to renew this contract If mutually agreeableThe same pricing discount, terms and conditions would be honored through June2002,
Ithank you for the opportunity to continue to provide service to one of thefastest growmg counties In the state. We are committed to providing Fort BendCounty With continued high levels of service and excellent products atoutstanding prices OffiClil Depot is truly commlttecl to the Fort Bend County areaas demonstrated by our newest retail faCIlity being located In the county seat ofRichmond.
It has been my distinct honor to work With the purchaSing profeSSionals of thiSeounty and look forward to the continuatiOn of our relationship
Should you have any questIons, please call me at (713) 996-3242 or e-I'MII atJl2istone@officeclepot rom
Debbie KanunskJ, CPPBCounty Purchasmg AgentFort Bend County, Texas
RE Fort Bend County Bid #99.051 - Term contract
Dear Ms, Kanunskl,
The ~bove contract is up for renewal on June 30, 2001 Our company wishes torenew the bid through June 2002, under the same pncmg, terms and conditions.
If you need any more mfonnation, please do not hesitate to call us at our newnumber, 713,845.1800
EOftBs CoumyPlm:hasiq .AgentArm: Debbie Kaminski4520B~ing Rd.. SUite ARf.'uIC.,b,rgo1X 77411
P.04PCGE fl2
AS PER ORIGINAL
In~nae fA) your Jetter dared -4l'l1m\, Y1'$1R1It:Sw ~ Inc. would liJm t() renewthe oolllract with Fort Bend Collll1Y UIIIler tbe SIIIm JIriclD8, tenns and coDditions.
SiDcerely,
2704S Hannll ROIUI Conroe, Texas 77385
(281) 367-19"65 www.lonesf.arterv\ceu:oni'· EoIIIllJl: !itrinin"~v1 net
IN THE MAnER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTYFOR THE YEAR 2001
On this the 22 dayaf _-'=L-_ 2001, the CommissIoners' Court, with the following members being presentMay
THAT WHEREAS, theretofore, on October 3, 2000, the Court heard and approved the budget for the year 2001 forFort Bend County, and
WHEREAS, on proper application, the Commissioners' Court has transferred an eXisting budget surplus to a budgetof a simIlar kind and fund The transfer does not Increase the total of the budget
The following transfers to said budget are hereby authorized
Department Name Road & Bndge 075TRANSFER TO
L1NE·ITEM NAME NUMBER AMOUNT
Cap Property & EqUIp $11,000105-075-1011
$11,000TOTAL TRANSFERRED TO .:::$ --"-'-'=:..:..
TRANSFER FROM
Fees & Services $11,000105-075-4010
$11,000TOTAL TRANSFERRED FROM .:$ --=.;'-O.!.:::.:::_=_
EXPLANATION Funds needed to cover costs of purchasing mOsqUito foggers for
the Vector Control Department
DepartmentHead1pv"- /) + Date ==="- _05/1612001
FORMB01
~I~
IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTYFOR THE YEAR 2001
On thl$ the 22nd day of 2001, the ComtmsslOl'lers Court with the folloMng members being present_~"---May
Original Form Submitted with back up to County Judge's Office: Yes ()
Instrocnons for submlIDng an Agenda R1:quest:
1. Completely rill out agenda fonn, UICOmpletefonns will not be proc=ed.2. Fax or mter-office COpiesof agends fonn Wltb sll back up ullonnation by Wednesday at 2:00 p.m. to the departments
listed above.3. All onginal back-up must be recened in the County Judges Office by 2:00 p.m. 00 Wednesda).
RECOMMENDATION I ACIlON REQUESTED:
Approval
AS PER ORIGINAL
April 17, 2001
Marsha P Gaines, Tax Assessor & CollectorFort Bend CountyPOBox399Richmond, Texas 77406-0399
'APR 18 1001
Re: Reimbursement of2000 Tax
Ladies/Gentlemen:
Iam returning you check numbered 001723 in the amount of$615.28 for reimbursement of the2000 tax due. We own this lot and should have paid the taxes.
I attempted to locate the payor but hit a dead end. Please issue this reimbursement to WashingtonMutual as stated on your check.
Your cooperation in this matter is appreciated.
Sincerely yours,
~a~~Eileen A SavageR P Assocaites, LP2727 North Loop WestSUIte 200Houston, Texas 77008713-869-7800
FORT BE:'oD COL:'lTYCOMMISSIONERS COURT AGENDA REQUEST FORM ) I 11
RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE l.oT{;
LIST SUPPORTING DOCUMENTS ATTACHED:Request for refunds
.Cont'd. on back
SUMMARY OF ITEM: Please place the over $500.00 refunds on the agenda:Countrywide Home Loans - Account #9260-04-003-0130-907 - $589.11 - Pet. 3101Fiedlity National Title Ins Co - Account #5740-01-010-0060-907 - $604.10 - Pet. 4104GE Capital Mtg Serv Inc Mo - Account #7765-01-002-0060-907 - $604.10 - Pet. 4062Homeside Lending Inc/San Antonio - Account #5907-00-046-0300-907 - $559.83 - Pet. 4062RENEWAL CONTRACT/AGREEMENT: Yes () No ()
Original Form Submitted with back up to County Judge's Office: Yes ()
Instructions for submItting an Agenda Request:
1. Completely rill out agenda form, incomplete forms will not be processed.2. Fax or inter-office copies of agenda form with all back up informatIon by Wednesday at 2:00 p.m. to the departments
listed above.3. All origmal back-up must be recened 10 the County Judges Office by 2:00 p.m. on Wednesday.
FOWLER JOSEpH W & DEBRA SS6730 CEDAR PATH ------=.!,00 'RICHMOND, TX 77469-7556 ~ACCOUNT # 9260-04-003-0130-907AS OF 2000 VALUE: $107,560LEGAL WEST OAKS VILLAGE SEC 4,
YEAR UNIT Levy Paid P & I FEES PAYMENT2000 EMS#100 106.48 .00 .00 106.482000 FBC-DF 24.76 .00 .00 24.762000 FBC-GF 495.05 .00 .00 495.052000 EMS#100 106.48- .00 .00 106.48-2.000 EMS#100 37.18 .00 .00 37.182000 EMS#100 69.30 .00 .00 69.302000 FBC-DF 24.76- .00 .00 24.76-2000 FBC-DF 24.76 .00 .00 24.762000 FBC-GF 495.05- .00 .00 495.05-2000 FBC-GF 495.05 .00 .00 495.05PAID BY: TOTAL APPLIED TO:
COUNTRYWIDE HOME LOANS LEVY $626.29450 AMERICAN ST., SV3-24 P & I .00SIMI VALLEY, CA 93065 FEE .00
TOTAL $626.29
STATEMENT eQUAL EMPlOYMENT OPPORTUNITY STATEMENTFORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE COLOR NATIONAL ORIGIN, SEX, REUGION AGE OR OISASIUTY IN EMPlOYMENT OR THE PROVISION QF SERVICES
Collect'ng Office Name -----!:"':'7l~~"""7---'-"''-'''''''''-==.,.. ......------Collectmg T...l'o' ~;wJ'l2!~~ilIII!L--------------
Fort BeIld County Tax AliASSorJCollt!cl<JrFort Bend County(Taxing un,ts)P Q. Box 399, Richmond. TX 77406-0399
'n order to apply to, • leX ,of\.lnd, the following tnhl,matJon must be plOVldedby lllelllxpa\"".IOENllACATlON OF PROPERTY OWNER:Name, FOWLER, JOSEpH W & DEBRA S. " coUNTRYWIDE HOME LOANS-LN !AST0521Addl8$S 450 AMERICAN sr.· sy3-24 51'-11yALLEY, CA 93065 - FAX I8O!ll eeg.6Q86Telephone Numbe' (II addlbonal innxmation ,. needed) .. _
IDE:NTlI'ICATION OF PROPERTYDescopllOn of P,operty. WEST OAKSVILLAGESEe A, &LQCl(3. LOT 13Add_lI 0' locallon of PIa,..",., -::,6!1.!7~30~C'!i~~A!!;R~P~A~TJ,:H:L--=-_....,...,o-::====:-_At:C(MltN"mbe' of P"'perty 92§0.04:~73Q.907 0' R_Ilt'" Q1012ASl!703
INFORMATION OF PAYMl:NT ON TAXESNaf1lll of T'illClngUnll Y"ar for~rom Which Refund Which Refundt. Reqult1l1led is R8'lUeslltd
FBC ..,2000"",-__
Dati! of tIlaTl!)( Paymenl01l23!2OQ1
AmounlofTa..... Pa'l!
5626,211
AmounlofTlIX RelutldRequesled$58911
Taxpayers 'e"On 1o, fllfUnd (ahCh suppomng doeumentl~On) WO - CREOIT OlSAB!b!T)'SXEMPTlON rALRI:AOv HAS f:lQMEmAOl PER SUPPLEMENT'.!!:#8!l..- _
, Iler.b., aw1y for \lle ,.func! of \he alloW d_cribed \aIles and ceMV lIlalllle inlorm:AlIon I h~veg....n on \II, and correc;l" APR 2 5 2891Sl9nature Dale of Appliel!!lOIl or Tax Refund
DETERMINATIONOF TAX REFUND _A!)prowl
S'llnature 01 p'....'o'ng OfflCer(s) of TalOn!!UnJt(S)101' 0aI8Refund ApplIcations"""" $500
Any p!!l'llOn who makK a false "nlry upon \lie fo!egoU1g rftXlnj shall be Gulljecllo one 01\lieIOlIowing penalt.... 1 Imprisonment 01 not mot.lllan 10 years nor less tnall 2 yeam and/of afine 01 not more than $5000 or boIII Such fine and Imprisonment 2 Confinemenlln J~i110fllterm up to 1 year or • tine nolto ellClKld $2000 Of both such line and Irnpnaonment as "et forth'" Secl#Q<l37 10, ~, CDde
Refund 3111
MARSHA P. GAINES ;N)rJ 0 0....()/~ '/I/-/-;Je'l1t
/ rig 34, rJOOINS / IS; 'J 7D
Fort Bend County T.u Assessor/CollectorPOBox 399 RIchmond,Texas 77406·0399
281·341·3710 Fax 281·341·9267E-Mail galOemar@co fon-bend tx us
YEAR UNIT Levy Paid P & I FEES PAYMENT2000 FBC-DF 34.51 .00 .00 34.512000 FBC-GF 689.79 .00 .00 689.792000 FBC-DF 34.51- .00 .00 34.51-2000 FBC-DF 5.73 .00 .00 5.732000 FBC-DF 28.78 .00 .00 28.782000 FBC-GF 689.79- .00 .00 689.79-2000 FBC-GF 114.47 .00 .00 114.472000 FBC-GF 575.32 .00 .00 575.32PAID BY: TOTAL APPLIED TO:
FIDELITY NATIONAL TITLE INS CO LEVY $724.30GF #00305035 P & I .001650 HIGHWAY 6 SUITE 160 FEE .00SUGAR LAND, TX 77478
TOTAL $724.30
STATEMENT EOUAL EMPlOYMENT QPPQRT1JNlr'f STATEMENTFORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE COLOR NA 110NAL ORIGIN SEX REUGIQN AGE OR DISABILITY IN EMPlOYMENT OR THE PROVISION OF SERVICES
2S1-341-3734 P.02
Slit, Pl'apl!rty Till llQerdT.I Rd1lnd Appf_ 31.11 (4182)
APPLICATION FOR TAX REFUND
APR 3 0 200t
Adln$s' Cily,SIale,Zip
InOlder 10.pPIy for • Ia1 refund. lhe ~ng IIIfIlflllllllOllIllll$l be ~ by "" Iilqlayw.IOENTIFICATION OF PROPERTY OWNER.Name. WYNNE. LOUIS A. & CAROL J .. 'IDEllD' NATIONAL nnE INSURANCE CO. -GB 00')!'§m'!Address 1850 HIGHWAY 8 SUITE 160. SUGAR LAND. IX n.osTeIephQoe NWIlDer (II ~I lIlfonMtian is l1el!dedI _
lOENTIFICATION OF PROPERTYo...cnpl"'" of Properly: PECAN GROVE PLANTATION SEe 1 BLOCK 1D lOT 6AdcIress 0( LCIC8Iionof Propeny. 1906 PLANTATION DR RICHMONO IX n.,219Aooaunt NwniIer of Property:S74Q.ql=91/K!"i!HI07 ar Rec:eP': QO!we ern
INfORMATION OF PAYMENT ON TAXES.NarM orr.1IlQ Un/! Y"r forFrom Whicll Refund Whoctl RefundIII Requeste<t IS Requ:lltd----fBe ."2000",,,-_
DaleolU.T.. ~
12/ll$2OOO
AmounlofT_PaIdS72430
AmounlOfTill RefundRfqIIeSledS!i04.ID _
TupaJ'8l"ll r_ for .... unct (lltladl llUppat1!ng doalmontatJon) ADD OllERJEi6 EXEM~!JOt!. __eFF~.!.VE "'12OO!l PER SUPPLEMENT III
~~'d--?Si"-'-ll;dll , of Tu R'fund
DETERMINATION OF TAX REFUND' _APPI'OWI _OIUPP/OYal
S_IA of A~Off'__ 0-
Signature of pre8llfmg OfI'OIl'(s) of TasIng Unll(sl for DileRefUncI AppllcaUons _ $500
Ant perSDn wI'a .- • false enuy upon lhe fCHegoingr-v sI1aII be subJec;t 10 one of !he f~penaIlle&' 1 Im~ 01no! ".".1Nn 10,...". _loss lhan 2 ~ anc1loraInOf not moral/Ian $SOOO or llolh such IInI and '"'Ill -.neRl; 2. eon6_11n jaI for a I«IlI UClllll )Wt or aare IlOIlO ewceed S2OllO 0( boI/l such finI and imprisarvnent as set fCfll'lIn Secdon:J7 10, PIIlalCode
Retund31 11
APR 26 2001 14 44 281 341 3734!Q7~T~("TO~ nl
f4 b01. /1/' ,f --- IIMARSHA P. GAINES ;2000 & b
Fort Bend CounlY Tax Assessor/Collector I IV /10 000POBox 399 RIchmond. Texas 77406·0399 I--f' -' I' •
281·341·3710 Fax 281·341·9267 flI-.:; lfII!I/ODE-Mail gamemar@co fon-bend tx us
~L..:!f,IJ 1115SYSrEMCOAR.
NAR 2 0 ZUUl
~UPI 1_PROPERTY TAX COLLECTIONS FOR:FORT BEND COUNTY
TAX OFFICEOFFICIAL TAX RECEIPT
PROPERTY OWNER:WITTE DAVI L & LLIAN S ~(v7a~.23 SWAN ISLE BLVDMISSOURI CITY, TX 77459-4495ACCOUNT # 7765-01-002-0060-907AS OF 2000 VALUE: $618,100LEGAL SWAN ISLE AT LAKE OLYMPIA SEC
STATEMENT EQUAL EMPlQYMENTQPPORT1JNITY STATEMENTFORT BEND COUNTY DOES NOT QISCRIMIN",TE ON THE BASIS OF RACE COLOR NATIONAl ORIGIN SEX REUQION AGE OR DlSABIUTV IN EMPlOYMENT OR THE PROVISION OF SERVICES
Ih...._Pill .... (ii;(aj atTaInt Qiii!i IiIr DataMiaflInd1". I' ._ROO ':$~,~.JYr, ,..... ,.. • __ eIllIY upan'i;;41WClC11d Nil be subject 10 one at the11"1 1IIG 1. Im~"iso;4MIlt d /lilt _ thM 10 l'8MI rIO/less tIlan 2 yellts and/or a11M d IIllIIllOftt lien PDCIO Of IlalIIIUCIh 1Ila MId Implllanment; 2 Confinement III Ja,llor a111m up to 1 ,.., Of. line not tD ~ S3lOO'ar llallIlucIl fine and tmpnsonment as Sit forthIn I • bh IT.10. PIIneI eo--"11.11
J'
MARSHA P. GAINESFort Bend County Tax Assessor/Colleccor
SAUNDERS MARIE E& RICHARD ES -' ~3 ASTERS LN ~~MISSOURI CITY, TX 77459-4430ACCOUNT # 5907-00-046-0300-907AS OF 2000 VALUE: $115,840LEGAL QUAIL VALLEY GLENN LAKES,
BLOCK 46, LOT 3
k-r- fI/3SY~T~~fORA.
'rl)~Jt lO 2001~t1 . Q CAD #SUP #-L.-EXEMPTIONS
R99083HS/SR
RECEIPT # 01022470386COLLECTED $559.83
YEAR200020002000200020002000
UNITFBC-DFFBC-GFFBC-DFFBC-DFFBC-GFFBC-GF
Levy Pa1.d26.67
533.1626.67-26.67
533.16-533.16
P & I.00.00.00.00.00.00
FEES.00.00.00.00.00.00
PAYMENT26.67
533.1626.67-26.67
533.16-533.16
HOMESIDE LENDING INC/SAN ANTONLN #1048530714528 S. OUTER FORTY RD #150CHESTERFIELD, MO 63017
TOTAL APPLIED TO:LEVYP & IFEETOTAL
$559.83.00_00
PAID BY:
$559.83
STATEMENT eQUAL EMPlOYMENT OPPORTUNITY STATEMENTFORT BEND COUNTY DOES NOT DISCRIMINATE ON TI1E BASIS OF RAce COlOR NATlONAL ORIGIN SEX AELIGION AGE OR OI$ABIUTV IN EMPlOYMENT OR THE PROVISION OF SERViceS
Stale Property Tax BoardTax Refuncl AppllcItiOf1 :31.11 (4182)
APPLICATION FOR TAX REFUND
Fcxt Bend County T ... Aee.,,.'CoIledcrFcxt !ltl!!d Cl!U1!!y
(TDing UnilslPO llGx399. Rpyncnd TX 7U'!HTP'
Address. CiIy,SlIle,Zip
In QIlIer \0 apply lor , \9lI refund, the followlllg information mlSl be pro'Ikled by the lupQel'.IDENTIFICATION OF I'ROPERTY OWNER:Name: SAUNDERS, MARIE E. & RICHARD L. BARNES" HOMiSlOE LENDING lNG/SAN!NTON - LNI\Il!!4M.'Vl7 --Address: 14§?R S. OUTER FORTY 80 1150. CHESTMF~D:,MQ63017TelephoneN"",_ (If ICIcIUlnll,nfonnzioro Illr-.Jed): __ I:J ::t.'L 1- 5:1 <2 ()
IDENTIFICATION OF PROPERTY0escnpI"", or Prop!l1y.....QlLAJ1. YALLEY GLENN LAKES 8LOCK 4S LOT 3Addrl!S$ or Locallon of Pr~: 231 S MASTERS LN. MISSOURI CITY TX nt5? 4430Acc:ount Numbel'of Propel1y 5!!!l7~46 Q3OO.9Q7 or R...epl': Q1Q224N3M
INFORMATION OF PAoYMEHTON TAXES.Name of Tuing UI'Iit Yea' IOfFrant W!lIdI Rllfund Which Refund~R~~ed 5R~ed
Fee 2000
Daleo/hTall payment
Q1I1W2Q01
AmounIaITiIU5Pad
$5ffl83
Amount ofTaRefundRllQUeStedM·83 _
Tur ~el'$ ,easonlll( Illlund (allach supporting docullW!fltalion) ADO OVERIflIS EXEMPTIONEFFECTIVE 111/2(0) PER SUPPLEMENT t9
SlgnalUfI of Aulhollzed OffJaIl'
Slll~ of P~ OfI"D!l'{s) ofT~ UnII(s)forRefund Applicatoons _ $5Oll
Any person wIlo malras a laise entry upon the foregoing FIlCOtd shan be SUbjeCt 10 one of \118 fO~penaIbes 1. ImP<1OOl.I~ of me ~ 1h8n 10 yeaf'S nor less than 2 '/ftl'S and/or ~ line ofnotmofeII1an S5lDJ or bOIh such rille and Imprisonment. 2 Connnement In jail lor a term up \0 1 ~r or •fine naC 10 ~ $2OlIO or boaIh wen fine and Imprisonment as set Ionh In Secbon 37 1Q, PenalCode.
, /Vl ' / ~."1 • - ,
MARSHA P. GAINES ..:>hoo C-c t!5 -10/;; ryi-"t·, /-100Fon Bend County Tax Assessor/Colleclor L ~-f.
VERMA MADHU LEVY $4,946.23& JUGAL KISHORE RANA P & I 248.612663 BRAZOS RIDGE DR FEE .00SUGAR LAND, TX 17419-8932
TOTAL $5,194.84
STATEMENT EOUAL EMPlOYMENT OPPORTUNITY STATEMENTFORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE COlOR ~ TIONAl. ORIGlN sex REUGION AGE OR OJS).BJUTY IN EMPlOYMENT OR TI'iE PROVISION OF SERViCES
State Property Tax BoardTax Refund Application 31 11 (4/82)
APPLICATION FOR TAX REFUND
Collecting Office Name ...:?<!,L~""!-~!!.L!!oL..!~.!:!5!;~~'"""""'''''''''-------Collecting Tax For ~~~"....,~!!illL---------------
Fort Bend County Tax Assessor/CollectorFort Bend County(Taxing Units)POBox 399, Richmond, TX 77406-0399
Address Clty,State,Zlp
In order to apply for a tax refund, the following Information must be provided by the taxpayerIDENTIFICATION OF PROPERTY OWNERName VERMA, MADHU & JUGAL KISHORE RANAAddress 2663 BRAZOS RIDGE DR SUGAR LAND, TX 77479-8932Telephone Number (If additional information IS needed) _
IDENTIFICATION OF PROPERTYDeSCription of Property RIVERPARK SEC 3 RIP, BLOCK 2, LOT 8Address or Location of Property 2663 BRAZOS RIDGE DRAccount Number of Property 64~60~-~0"'3.Q'=02;:-:::;0;;'08:20~-;;:90;;:1:""'=-=<'-'--0-r-;R::-:e~c-e-lp7"t#;;-;;001::-:0::::2;:;;2:':'495=0;:;;7;;;8--
INFORMATION OF PAYMENT ON TAXESName of TaXing Unit Year forFrom Which Refund Which RefundIS Requested IS Requested
FBC ",,200=0__
Date of theTax Paymerrt
0212812001
AmountotTaxes Paid
$5,19484
Amount ofTax RefundRequested
$1,36476
Taxpayer's reason for refund (attach supporting documentation) 2000 -- CREDIT HOMESTEADAND OVERl65 EXEMPTIONS EFFECTIVE JANUARY 1, 2000, PER SUPPLEMENT #9
"I hereby apply for the refund of thgiven on thiS form IS true an cfl1c. l-u.. e _Signature
above deSCribed taxes and certify that the information Ihavet"
DETERMINATioN OF TAX REFUND __ Approval __ Disapproval
SI9nature of AuthOrized Offlcer Date
Signature of PreSiding Offlcer(s) of Taxing Unlt(s) forRefund Applications over $500
Date
Any person who makes a false entry upon the foregOing record shall be subject to one of thefollOWing penalties 1 Impnsonment of not more than 10 years nor less than 2 years and/or afine of not more than $5000 or both such fine and Imprisonment, 2 Confinement In Jail for aterm up to 1 year or a fine not to exceed $2000 or both such fine and Imprisonment as set forthIn Section 37 10, Penal Code
Refund 31 11
F
g APR 2 3 2001Ic
MARSHA P. GAINES -~~;O~~}~j ;/AFolt Bend County Tax Assessor/Collector ,; H ~ .3.6', I{ ()0
PO Bo>399 RIchmond. Texas 77406-0399 Tf/ (}, 13;;; q r;, u281-341-3710 Fax 281-341-9267 • - I
YEAR UNIT Levy Paid P & I FEES PAYMENT2000 FBC-DF 37.66 _00 .00 37.662000 FBC-GF 752.89 .00 .00 752.892000 FBC-DF 37.66- .00 .00 37.66-2000 FBC-DF 8.88 .00 .00 8.882000 FBC-DF 28.78 .00 .00 28.782000 FBC-GF 752.89- .00 .00 752.89-2000 FBC-GF 177.57 .00 .00 177.572000 FBC-GF 575.32 .00 .00 575.32PAID BY: TOTAL APPLIED TO:
MCMANUS MARY W LEVY $790.5535510 PONTIAC DR P & I .00BROOKSHIRE, TX 77423-9539 FEE .00
TOTAL $790.55
STATEMENT eQUAL EMPlOYMENT OPPORTUNITY STATEMENTFORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACe COLOR NATIONAL ORIGIN SEX REUGION AGE OR OlSAB1Lfrv IN EMPlOYMENT OR TkE PROVISION OF SERVICES
In order to apply for a tax refund, the following InformatIOn must be prOY1ded by the taxpayerIDENTIFICATION OF PROPERTY OWNER.Name. MCMANUS. EDWARDS F & MARY W.Address 35510 PONTIAC DR. BROOKSHIRE. TX 77423-9539Telephone Number {If addillonal inforrnallon IS needed). _
IDENTIFICATION OF PROPERTY.Descnption of Property. KELLIWOOD TERRACE SEC 1. BLOCK 4. LOT 10Address or Location of Property· 2806 NORWOOD HILLS DR. KATY. TX 77450-5982Account Number of Property: 4249-01-0D4-010!H!14 or Receipt iI' 01012424598
INFORMATION OF PAYMENT ON TAXESName ofTaxlng Und Year forFrom WhICh Refund Which RefundIS Requested IS Requested
FBC 2000
Date oflheTax Payment
1212912000
Amount ofTaxes Paid
$790.55
Amount ofTax RefundRequested$604.10
Taxpayer'S reason for refund (attach suppoltlng documentation) ADD OVER/55 EXEMPTIONEFFECTIVE 1/112000 PER SUPPLEMENT #9.
'I ~ apply for the refund of the above descnbed taxes and certify that the Information I haveilIiOfl}1l tho I .~ nd correct •';!tihJJ:.~T.f.Jlt,17~S~ .-:{,::...,7 L%,_-.!..I.:....f..,..-_O-:,/c=--=--:---:-- _
SIgnature Dale of ApplIcation of Tax Refund
DETERMINATION OF TAX REFUND __ Approval __ Disapproval
DaleSignature of Authorized OffICer
DaleSignature of Presiding OffIcer{s) of Taxing Und{s) forRefund Applications over $500
Any person who makes a false entry upon the foregoing record shall be subject to one of the followingpenalties. 1 Imprisonment of not more than 10 years nor less than 2 years and/or a flne of not morethan $5000 or both such fine and imprisonment, 2 Confinement in jail for a term up to 1 year or afine not to exceed $2000 or both such flne and Imprisonment as set forth in Section 37.10, PenalCode
Refund 3111
APR 122001
MARSHA P. GAINESFort Bend Counry Tax Assessor/Colleclor
YEAR UNIT Levy Paid P & I FEES PAYMENT2000 FBC-DF 28.66 .00 .00 28.662000 FBC-GF 572.93 .00 .00 572.932000 FBC-DF 28.66- .00 .00 28.66-2000 FBC-DF 28.66 .00 .00 28.662000 FBC-GF 572.93- .00 .00 572.93-2000 FBC-GF 572.93 .00 .00 572.93PAID BY: TOTAL APPLIED TO:
MORTGAGE SERVICE CENTER LEVY $601.59CENDANT MORTGAGE P & I .00P. O. BOX 5452 FEE .00MT. LAUREL, NJ 08054-5452
TOTAL $601. 59
STATEMENT EQUAL EMPLOYMENT OPPORTUNITY STATEMENTFORT BEND COUNTY OOES NOT OISC!:1IMINATE ON THE BASIS OF RACE COLOR NATIONAl ORIGIN SEX RELIGION AGE OR DISABILITY IN EMPlOYMENT OR THE PROVISION OF SERVICES
_ -' J _
Apr-~4-01 Ol'26P Tax Research OQpt...- ,, 251-341-3734
AS PER ORIGINAL
S1*P.upiIlY Ta 9oIIl'dTIIll RWtdJfp' ;Mn 31.t1 (4I82J
APPLICATION FOR TAX IlEfUND
fen ' ..... 1.' If 7 m...-.kecr_-)era .. - ..... id, D P'M'IaJ1
YEAR UNIT Levy Pa~d P & I FEES PAYMENT2000 FBC-DF 30.25 .00 .00 30.252000 FBC-GF 604.73 .00 .00 604.732000 FBC-DF 30.25- .00 .00 30.25-2000 FBC-DF 1.47 .00 .00 1.472000 FBC-DF 28.78 .00 .00 28.782000 FBC-GF 604.73- .00 .00 604.73-2000 FBC-GF 29.41 .00 .00 29.412000 FBC-GF 575.32 .00 .00 575.32PAID BY: TOTAL APPLIED TO:
VAHEDI KOUROSH & ELIZABETH S LEVY $634.984911 GRANITE LAKE CT P & I .00MISSOURI CITY, TX 77459-3948 FEE .00
TOTAL $634.98
STATEMENT EOUAl EMPlOYMENT OPPORTUNITY STATEMENTFORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE COLOR NATIONAL ORIGIN SEX REUGION AGE OR OISASIUTY IN EMPlOYMENT OR THE Pl:lOV1Sl0N OF SERViCES
State Property Tax BoardTax Refund Application 31.11 (4182)
APPLICATION FOR TAX REFUND
Collecllng OffICe Name .. -'::"'-:-~"":_'::""!':'_'-""-"""'''''"''''''''=,.,..,''------CollectIng Tax For: ~~":"'-~!!.!U------------
Fort Bend County Tax Assessor!CoI!eclorFort Bend County(Taxing Un~s)P.O. Box 399. Richmond. TX n4Q6.0399
Address. CIly,State,Zip
In order to apply for a lax refund, lhe following lnformallOl1 must be provided by the taxpayer.IDENTIFICATION OF PROPERTY OWNERName' VAHEO' KOUROSH & ELIZABETH S.Address. 4911 GRANITE LAKE CT. MISSOURI CITY. TX n459-394!lTelephone Number (If adddional information is needed). _
IDENTIFICATION OF PROPERTY'DescnptJon of Property; LAKE COLONY SEC 2, BLOCK 1. LOT 26Address or LocatlOl1 of Property 4911 GRANITE LAKE CTAccount Number of Property" 47'-=52:"0Q2::::-::QQ::=71-Q260-90'=''-=-.=7~'''-'--or-=RecerpI-''''''':-:fI;-;-::0~10::':1-::24-;:1:-:9::;:78;:';1:----
INFORMATION OF PAYMENT ON TAXES.Name of Taxing Und Year forFrom Which Refund WhICh RefundIS Requested is Requested
FBC .",2000"",-_
Dale oflheTax Payment
12/2912000
Amount ofTaxes Pilld
$634,98
Amount ofTax RefundRequested
$604.10
Taxpayer's reason for refund (attach supporting documentation) ADD OVER/55 EXEMPTIONEFFECTIVE 1/1/2000 PER SUPPLEMENT 119
"I hereby apply for the refund of the abow descnbed taxes and certlfy that the Information Ihave
g7~~'::~'=r-Signature
1;. 1\7- 01Oale of Application of Tax Refund
DETERMINATION OF TAX REFUND' __ Approval
Signature of Authortzed OffIcer
__ Disapproval
Date
Signature of Presiding Offlcer(s) of Taxing UM(S) forRefund Applications over $500
Date
Any person who makes a false entry upon the foregoing record shall be subject to one of the followingpenalties' 1 Imprisonment of not more lhan 10 years nor less than 2 years and/or a fine of not morethan $5000 or both such fine and Imprisonment, 2 Confinement in jail for a term up to 1 year or afine not 10 exceed $2000 or both such rille and Imprlsonment as set forth In SectIon 37.10, PenalCode
Refund 3111APR 1 2 ZOOl
MARSHA P. GAINESFort Bend County Tax Assessor/Collector
YEAR UNIT Levy Paid P & I FEES PAYMENT2000 FBC-DF 35.63 .00 .00 35.632000 FBC-GF 712.25 .00 .00 712.252000 FBC-DF 35.63- .00 .00 35.63-2000 FBC-DF 6.85 .00 .00 6.852000 FBC-DF 28.78 .00 .00 28.782000 FBC-GF 712.25- .00 .00 712.25-2000 FBC-GF 136.93 .00 .00 136.932000 FBC-GF 575.32 .00 .00 575.32
PAID BY: TOTAL APPLIED TO:LEVYP & IFEETOTAL
$747.88.00.00
$747.88
STATEMENT eOUAL EMPlOYMENT OPPORTUNITY STATEMENTFOAT BENQ COUNTY DOES NOT DISCRIMINATE ON T~E BASIS OF RACE COlOR NA nONAL ORIGIN SEX .REUGION AGE OR DJSA8ruTY IN EMPlOYMENT OR THE PROVISION OF SERVICES
APk-l~-LJJ InG ,v ,0 H,
~r~09-01 lO:50A Ta~ RQ~garch DQpt. 2B~-341-3734 P ..U~
Stale PnlpI!lty Tn BoanITu Refllftf A~CatJClll 31.1 1 (4182)
(faDlgUnb)P a !llx 3!l!l. Rjl;!Il!lOl1I. IX 77.ft!!l.Q!¥'
Addres$. Cl1Y.SI~ZJP
In prclef 10 ;apply for 1ItiP mund,lhe folto"ling .,fomwtoon IIlUllI be prcMded by the IalIpayer.IDENTIFICATION Of PROPERTY OWNER.Name:.Jl9WEN QWAYNE D a. SANDRA L ,. HS MORTGAGE ACCEPTANCE CORP -lNII , 'Wl29!jQ ,Addnl$s J' 0 80X 710ZJQ, HOUST~ IX T71110023I:lTelePlOnl! Numllef (1/ ~ inf.. iIIatilln Is ~ _
IDENTIFICATION OF PROPE.Rn'.~ion of Property. KlNGSBRlpGE pARK SEe 3 BLOCK 1. LOT 13Addrr!M Ol LOC3llonof Propel1y. 144S4ANDREA WAY LN, HOUSTON.J)( nfA'Y712.Accaunt Number of property • .t?!!!!..l§ffll=9l3Q.OO7 or Receipt #. 00122402S&!
INFORMA liON OF PAYMENT OM TAXESN_ of Taing UrWI YeMfetFrom .,.,Nell Refuncl Whidl RefllndII R8quesled is Req .......
ERC ml
Nrro4JrC ofTax Reflll1dRequestedj604.10
tallllBYW',; _ lor rlIfund (allach suppoililll~) ADOQlSAl!LEO PERSONEXEMPT10N PER SUPPLEMENT 19,
"' heretl¥ lIppIy for !he rwlund ofllle 2boIIe desl:nbed 1_ and OI!I1Ily lhIIltlelnklrrnallan Ihave
~~,n"N~D~1,awrect_~ ~L4~/cZ~-;;-tJ1otlfUR"efiftr'--~o 0lIle of AI F'eIlian of Tu Refund
DETERMINATION OF TAX REFUND ~
S/9nlIkft of AUf/lariacl ome. DR
S1gniIIure of Pfee.iding Olllcer($) 01TaJing Unl(~) far OllIeRefund AppIot;atlons _ $600
I4trt p8l!llIIl \Illtlo maQs 1I (lIU enfJy ClpOI1 !he fonIsIoIng record shaW Iw sUlJject tIo _ at IIw (/lIbwIrtgpenabI&' I. tm~ at nllI mar. than 10year.r. _lis, lhlIn 2 yeoors 1/I'tdIor a line of nall11lnthan $5000 or bolh ~ucI1 line lIIldimprlsoNnenI, 2. Conf..-.nlln jan for a \lImI up \lIl ynr or afiN nol tCI ~ S2000 Of bolll &~ l1IIe Md \mprIsoNneIt as SO!lfCll1hIII SeQiDlI 37 10, P..COdI.
Fll!furd 31 11
FORT BEND COUNTY
PROPERTY TAX COLLECTIONS FOR:
TAX OFFICE
OFFICIAL TAX RECEIPT POSTED 02/18/2000
EFFECTIVE 01/31/2000PROPERTY OWNER:
BOWERS CALVIN B JR & CYNTHIA RPO BOX 553RICHMOND, TX 77406-0553
ACCOUNT # 0005-00-000-0030-901AS OF 2000 VALUE: $120,990LEGAL 0005 W T AUSTIN, TRACT 3,
State Property Tax BoardTax Refund AppllcalJon 31 11 (4/82)
APPLICATION FOR TAX REFUND
Collecting OffIce Name --::-'=="'=~="--'=======><l-------Collecting Tax For -'::"'=="'-'=='-- _
Fort Bend County Tax Assessor/CollectorFort Bend County(Taxing Units)POBox 399, Richmond, TX 77406-0399
Address Clty,Slate,Zlp
In order to apply for a tax refund, the follOWing information must be prOVIded by the taxpayerIDENTIFICATION OF PROPERTY OWNERName Reynolds, Harold Gary % CalVin B & Cynthia R. BowersAddress POBox 553, Richmond, TX 77406·0553Telephone Number (If additional Information IS needed) _
IDENTIFICATION OF PROPERTYDescnpllon of Property 0005 W T Austin, Tract 3, Acres 11 3Address or Location of Property,~56'::2'::1'_:.":8:::00"'t=:h"'lln:::e'_:R':7:d----_=_-__:__;:__;o;====,__-Account Number of Property 0005-00-000-0030·901 or Receipt # 00022305040
INFORMATION OF PAYMENT ON TAXESName of Taxing Umt Year forFrom Which Refund Which RefundIS Requested IS Requested
FBe -'.-'19""9,,,,9__
Date of theTax Payment
01/31/2000
Amount ofTaxes Paid
52,081 48
Amount ofTax RefundRequested
$53596
Taxpayers reason for refund (attach supporting documentalJon) 1999 -- Prorate Over/65Exemplion Effective March 31 , 1999 per Supplement #19
"I hereby apply for the refund of the above descnbed taxes and certify that the mformatlon I havegJ,ve~9r thiS fp!m IS true and correct"C<'{/lf{ll<c l,lU:t'h ,J! ::X' lotSignature -:::D....:a.,.-te!..oo~f~Al-pli.pLllc-a..,t-lo-n-o'""f-=T:-ax--=R.,.-e':'"fu-n-;d:-----
DETERMINATION OF TAX REFUND __ Approval __ Disapproval
Signature of Authonzed Officer Date
Signature of PreSiding Officer(s) of Taxing Unlt(s) forRefund ApplicatIons over $500
Date
Any person who makes a false entry upon the foregOing record shall be subject to one of thefollowmg penallies 1 Impnsonment of not more than 10 years nor less than 2 years and/or afme of not more than $5000 or both such fine and Impnsonment, 2 Confmement In Jail for aterm up to 1 year or a fine not to exceed $2000 or both such flOe and Impnsonment as set forthIn SectIon 37 10, Penal Code
Refund 31 11
Ie} t,iJf, 10
MARSHA P. GAINES ~oob w-- qlA-Fort Bend Counly Tax Assessor/Collector LII S 1'7,J -S-O
YEAR UNIT Levy Paid P & I FEES PAYMENT2000 FBC-DF 32.59 .00 .00 32.592000 FBC-GF 651.40 .00 .00 651.402000 FBC-DF 32.59- .00 .00 32.59-2000 FBC-DF 3.81 .00 .00 3.812000 FBC-DF 28.78 _00 .00 28.782000 FBC-GF 651.40- .00 .00 651.40-2000 FBC-GF 76.08 .00 .00 76.082000 FBC-GF 575.32 .00 .00 575.32PAID BY: TOTAL APPLIED TO:
BRANDT JOE A & JEANNE B LEVY $683.99226 ESSEX PL P & I .00STAFFORD, TX 77477-4710 FEE .00
TOTAL $683.99
STATEMENT EOUAl EMPlOYMENT OPPOfffi)NITY STJiTEMENTFORT BEND COUNTY Does NOT DISCRIMINATE ON THE BASIS OF RACE COLOR NA naHAl ORIGIN SEX REUGION AGE OR OISABIUTY IN EMPlOYMENT OA THE PROVISION OF SERVICES
I" T~ APR 1 2 2001 ~
State Property Tax BoardTax Refund Application 31 11 (4/82)
APPLICATION FOR TAX REFUND
Collecting Office Name -----:,J"':',~"7_':""=L!.""-====>!!!>=~------Collecting Tax For -------="==:"-"'7'=---------------
Fort Bend County Tax Assessor/CollectorFort Bend County(Taxing Units)POBox 399, Richmond, TX 77406-0399
Address Clty,Stale,Zlp
In order to apply for a tax refund, the following information must be prOVIded by the taxpayerIDENTIFICATION OF PROPERTY OWNERName BRANDT, JOE A & JEANNE BAddress 226 ESSEX PL, STAFFORD, TX 77477-4710Telephone Number (If additional information IS needed) _
'DENTIFICA nON OF PROPERTYDescnptlon of Property SUGAR CREEK SEC 28, BLOCK 2, LOT 40 & (S 1 76') LOT 41, TRACTGAddress or LocatIon of Property _2"'2"'6":-'=E"'S"'S""EX~P-'L""-,----__,,__-__,-_==_,_:_:_:...,__-Account Number of Property 7550-28-002-0380-910 or Receipt # 01022482961
INFORMATION OF PAYMENT ON TAXESName of Taxln9 Umt Year forFrom Which Refund Which RefundIS Requested IS Requested
FBC ""200"",,,0__
Date of theTax Payment
01/3012001
Amount ofTaxes Paid
$68399
Amount ofTax RefundRequested
$60410
Taxpayer's reason for refund (attach supportIng documentation) 2000 - CREDIT OVER/65EXEMPTION EFFECTIVE JANUARY 1, 2000 PER SUPPLEMENT #9
;'1hereby apply for the refund of the above deSCribed taxes and certify that the information I have
lien ° IS rm Is.~e correct" :::--P/L..----;-,"-/.:./.,.-.::-3:...L/-=-=----=-:-__,,------I~lt~ J ~ Date of Application of Tax Refund
DirERMINATION OF TAX REFUND __ Approllal __ DlsapprOllaI
Signature of Authonzed Officer Date
DateSIgnature of PresIding Offlcer(s) of Taxing Unlt(s) forRefund Applications over $500
Any person who makes a false entry upon the foregOing record shall be subject to one of thefollOWing penalties 1 Imprisonment of not more than 10 years nor less than 2 years and/or afine of not more than $5000 or both such fine and Impnsonment, 2 Confinement In Jail for aterm up to 1 year or a fine not to exceed $2000 or both such fine and Imprisonment as set forthIn Section 37 10, Penal Code
Refund 3111
FORT BEND COUNTY ENGINEERINGFort Bend County. Texas
D Jesse HegenuerCounty Engmeer
May 21, 2001
CommISSIOnerJames PattersonFort Bend County Precmct 412919 Dairy Ashford RoadSugar Land, Texas 77478
RE: Fulbrook, Section One A, Section Two A, and Section Two C, Traffic Control Plan
Dear Comffilssloner:
Fort Bend County Engmeenng has completed and recommends approval of the traffic control planfor the above referenced subdl visIOn. The pubhc heanng date for acceptance of the plan is scheduledfor May 22, 2001.
A copy of the traffic control plan tS attached for your review If you should have any questions,please gJ ve me a call
Sincerely,
lJttJlJJbtt¥)Nathan D HatcherASSIstant to County Engmeer
NOH/mJs
cc Marc Grant - FBC Road & BndgeMarc Grant - Slgnage DepartmentFile
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE
DATE SUBMITTED: 5/14/01 SUBMITTED BY: Ann WerlemDEPARTMENT: County JudgePHONE NO'COURT AGENDA DATE: 5/22/01
LIST SUPPORTING DOCUMENTS ATTACHED:
SUMMARY OF ITEM DISCUSSand consider authonzmg mcreasmg the current purchase order for DIStefano/Santopetro Arch,tects, Inc. for the total amount ofthe design costs for the expansIOn of theJuveUlle Detenbon Center as outlmed m the contract approved by Commissioners Court,October 24, 2000; and, determme fundmg source. (Increase p.o. by $167,582.00)
RENEWAL CONTRACT/AGREEMENT' Yes () No (v'')
N/A o
FINANCIAL SUMMARY:
BUDGETED ITEM ANNUALIZED DOLLARS' COMMENTS'
Yes('!) NoO N/AO One TIme ()
Fundmg SourceFund 257 Agency 045 Object 4010
Recurrmg 0
CC with back up:yes (,( )Auditoryes ( ,()Budget Officeryes ( ,()County Attorneyyes ( ,()Purehasing Agentyes (,! )County Clerk
Original Form Submitted with back up to County Judge's Office: Yes ()
InstructIOns for submlttmg an Agenda Request
I. Completely fill out agenda form, mcomplete forms wIll not be processed.2 Fax or mter-office cop,es of agenda form w,th all back up mformatlOn by Wednesday at 2:00 p.m. to the departments
"sted above3 All ongmal back-up must be rece,ved 10 the County Judges Office by 2 00 p.m. on Wednesday.
Gilbert JalomoEdwards, JamesThu, Apr 5, 2001 9 04 AMRe Juvemle Probation Construction Program
The architectural fees with DSA IS for 7 95% of construction cost or an estimated $267,000 The CountyAuditor certified funds on the DSA contract for $267,000 We Issued a purchase order for $50,000 andamended the amount by $50,000 last week Ibelieve the purchase order should have been funded for thefull amount of $267,000 rather than piece milling It The Juvemle project ISdiVided Into two phasesPhase I ISwhat we are bidding now, which Includes Intenor remodeling of dormitory and VIsitation areasand a court faCility Phase II which will be bid In the future, pending Commissioners Court approval, willconsist of two new dormitory pods
The DSA contract IS billed and paid as follows
15% Schematic Design15% Design Development40% Construction Documents
5% Bidding and contract phase25% Construction phase
Schematic Design, Design Development and Construction Documents have been accomplished for bothphase I and II Therefore based on the $267,000 estimated fee we own DSA 70% of that fee for workcompleted which ISapproximately $186,000
I will forward you a copy of the DSA contract
Gilbert
item #39 continued - Purchasing'
E. Discuss and consider taking action on Professional Architect Services Contract with
DiStefano!Santopetro Architects, Inc. for Juvenile expansion project.
Moved by Commissioner Meyers. Seconded by CommissIOnerO'Shleles. duly put and unanimously
carried (5-0), it is ordered to approve-l'rofesSionarAiChIiecTIervtc~Coritrac£ With DIStefano!.. ~ i" I#~"'~"', -i~~t'~,1-- ·.....l~ .....~~.J# ....,........~ ..........'~~~"'tr&f,c..!I'"(t 'ee ..
F. Consider authorlZlDg the purchase of computer software from Software House
InternatIOnal, a State of Texas Qualified Information Systems Vendor. (Fund: MIS
3040)
Moved by CommIssioner Patterson. Seconded by CommissIOnerPrestage. duly put and unanimously
earned (5-0). It is ordered to authonze the purchase of computer software from Software House
International, a State of Texas Qualified Information Systems Vendor (Fund. MIS 3040)
Judge Adolphus
yes
CommissIOner'vI eyers
Commissioner Patterson
yesyes
CommIssioner O'ShIeles yes
CommissIOner Prestage yes
40. SHERIFF'S DEPARTMEXT: Consider approvlDg Amendment to the Sheriffs
DepartmentlNarcotics Task Force Budget In the amount ofS201,160.00 to be paid out to other
law enforcement agencies in the Task Force.
Moved by CommissIoner Patterson, Seconded by CommissIoner Meyers, duly put and unanimously
earned (5-0), It ISordered to approve amendment to the Shenffs DepartmentlNarcollcs Task Force
Budget and allocate funds equally to each law enforcement agencies In the Task Force not to exceed
$201,26000
Judge Adolphus
Commissioner O'Shleles
yes CommiSSioner"Ie: ers
CommissIOnerPatterson
yes
yes yes
CommiSSIOnerPrestage yes
18
STATE OF TEXAS
COUNTY OF FORT BEND·
§§§
KNOW ALL MEN BY THESE PRESENTS
AGREEMENT FOR ARCHITECTURAL SERVICES
THIS AGREEMENT is made and entered into by and between Fort Bend County, a bodycorporate and politic under the laws of the State of Texas, heremafter "County," andDiStefano/Santopetro Architects, Inc., hereinafter "Architect."
WITNESSETH
WHEREAS, County intends to construct an addition to the Fort Bend County Juvenile Center,hereinafter called the "Project";
WHERAS, The County desires that the ArchItect perform certam professional architecturalservices in connectlon with the Project, and
The Arclutect represents that It is qualified and desires to perform such services,
NOW, THEREFORE, the County and the Arclutect, In consideration of the mutual covenantsand agreements herem contained, do mutually agree as follows
SECTION ISCOPE OF AGREEMENT
The Arclutect agrees to perform professional architectural services in connect!on WIth the projectas stated herem, and for having rendered such services, the County agrees to pay to the ArchitectcompensatIOn as stated herem.
SECTION IISCOPE OF ARCHITECTS BASIC SERVICES
A The Arclutecf s Baslc Services consist of those descnbed herem and include normalstructuraL mecharucal and electncal engmeenng services
B SchematIC Desum Phase1 Arclutect shall re\leW the program furnIshed by County to ascertam the
reqUlrements of the Project and shall arnve at a mutual understanding of suchrequrrements WIth County
2 Arclutect shall prOVide a prellInJnary evaluation of COUllty's program, scheduleand constructIOn budget reqUlrements. each m terms of the other, subject to the11lllltatlOnsset forth herem
3 Arclutect shall revie'" "'nh COUll!;- altematlve approaches to deSign andconstructIon of the Project.
4 Based on the mutually agreed-upon program, schedule and constructIOn budgetrequirements, Arclutect shall prepare, for \\ntten approval by County. SchematIc
Agreement For Arthltectur.l.i S~rv\cesP3ge. I
Design Documents consisting of drawings and other documents illustrating thescale and relatlOnship of Project components
5 Arclutect shall' submit to County a preliminary estimate of Constructton Costbased on current area, volume or other unit costs.
C. Desig:n Development PhaseI Based on the approved Schematic Design Documents and any adjustments
authonzed by County in the program, schedule or constructlOn budget, Architectshall prepare, for written approval by County, Design Development Documentsconslstmg of drawings and other documents to fix and describe the size andcharacter of the Project as to architectural, structural, mechanical and electncalsystems, materials and such other elements as may be appropnate
2 Architect shall advise County of any adjustments to the prelimmary esttmate ofConstruction Cost
D ConstructlOn Documents PhaseI Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or m the constructlOn budgetauthorized by County, Architect shall prepare, for written approval by County,Constructton Documents conslstmg of Drawmgs and SpecificatIOns setting forthin detail the requirements for the constructIOn of the ProJect.
2. Arclutect shall assist County in the preparatlOn of the necessary blddmginformatton, bidding forms, the ConditIOns of the Contract, and the form ofAgreement between County and Contractor
3 Arclutect shall advise County of any adjustments to previous preliminaryestlIDates of Construction Cost indicated by any changes in reqUIrements orgeneral market conditions
4 Arclutect shall asSiSt County in connection wtth County's responsibility for filmgdocuments reqUIred for the approval of governmental authontles havmgJunsdlctlon over the ProJect.
_ . - . E Blddmg: Or l'ie:wllatlOn PhaseI Arclutec!. follovv1OgCounl) s approval of the Construction Documents and of the
latest prelunmary estlmate of Construction Cost, shall asSISt Counl) m obtammgbids or negottated proposals and asSISIm awardmg and prepanng contracts forconstructlon.
F ConstructlOn Phase-Admirustrallon Of The ConstructIOn ContractI Arclutect s responslbIhl) to provtde BasIC ServIces for the ConstructIOn Phase
under tlus Agreement commences V'<lththe avo,ardof the Contract for Constructionand terrnmates at the earlIer of the Issuance to County of the final CertIficate forPayment or 60 days after the date of Substantial Completion of the Work
2 Arclutect shall proVide admirustratlOn of the Contract for Construction as set forthbelo\', and 10 the edmon of AJA Document A201, General Cond1ll0ns of the
Agreement For Arc:hnectur.:d SavlcesPage . ~
Contract for Construction, current as of the date of this Agreement, unlessotherwIse provided 10thIS Agreement.
3 DutIes, respo~ibilitles and limitatIOns of authority of Architect shaH not berestricted, modIfied or extended without written agreement of County andArchitect with consent of the Contractor, which consent shall not be unreasonablywithheld.
4 Architect shaH be a representatIve of and shall adVIse and consult With Countya. During construction until final payment to the Contractor is due; andb. As an AddItIonal Service at County's direction from time to time during
the correctIon period described in the Contract for Construction.Arclutect shaH have authority to act on behalf of the County only to the extentprovided in thIs Agreement unless otherWIse modIfied by written instrument.
S Arclutect shall visit the site at 10tervals appropriate to the stage of construction oras otherwise agreed by County and Arclutect 10 wnt10g to become generaHyfarrulIar with the progress and qualIty of the Work completed and to determ10e 10general If the Work is be 109 performed 10a marmer 10dlcatmg that the Work whencompleted wiH be in accordance with the Contract Documentsa. Ho""ever, Arclutect shall not be reqUITedto make exhaustIve or continuous
on-site inspections to check the qualIty or quantHy of the Work.b On the basIS of on-site observations as an arclutect, Arclutect shall keep
County informed of the progress and qualIty of the Work, and shallendeavor to guard County agamst defects and deficiencies in the Work(More extensive site representatIon may be agreed to )
6 Architect shaH not have control over or charge of and shall not be responsible forconstructIon mearIS, methods, technIques, sequences or procedures, or for safetyprecautIOns and programs in connectIOn WIththe Work. since these are solely theContractor's responsIbilIty under the Contract for ConstructIOna Architect shall not be responsIble for the Contractor's schedules or fallure
to carry out the Work in accordance V<1ththe Contract Documentsb Ardutect shall not ha\e control over or charge of acts or OmISSIOnSof the
Contractor. Subcontractors. or their agents or employees. or of any otherpersons perforrrnng POl1lonsof the Work
7 Arcrutect shan at an llmes ha\e access to the Work \\here,;er It IS m preparatIonor progress
8 Except as may othemlse be pro\lded m the Contract Documents or when directcommumcatlOns ha\e been speCially authonzed. County and Contractor shallcommumcate through Arclutecta CornmurucatlOns b:- and ""lth Arclutect s consultants shall be through
Archnecl.9 Based on Arclutect s obse:-.allons and e\aluatlons of the Contractor's
Apphcallons for Pa: menL Arc!lllect shall reVIe""and certify the amounts due theContractor
10 Arclutect's ceruficatlon for payment shall constitute a representallon to County,based on Arclutect's obseT\atlons at the SHeas prOVIdedherem and on the datacompnsmg the Contractor's Application for Paymen~, that to the best of
Agyee:'1le'1t For Archltec:unl S~r\lC~S
Po.ge - 3
Architect's knowledge, information and belief, the Work has progressed to thepoint indicated and the quality of work is in accordance WIth the ContractDocuments. .a. The foregoing representatIOns are subject to an evaluatIOn of the Work for
conformance with the Contract Documents upon substantial Completion,to results of subsequent tests and inspections, to minor deviations from theContract Documents correctable prior to completion and to speCIficqualificanons expressed by Architect.
b The issuance of a Certificate for Payment shall further constitute arepresentatIOn that the Contractor is entitled to payment in the amountcertified.
c. However, the Issuance of a CertIficate for Payment shall not be arepresentation that the Arclutect has:(I) Made exhaustIve or contmuous on-site inspectIOns to check the
quality or quantity of the Work,(2) Reviewed construction means, methods, tecluuques, sequences or
procedures,(3) Reviewed copIes of reqUIsitions receIved from Subcontractors and
matenal suppliers and other data requested by County tosubstantiate the Contractor's right to payment; or
(4) Ascertained how or for what purpose the Contractor has usedmoney previously paid on account of the Contract Sum.
11 Architect shall have authonty to reject Work wluch does not conform to theContract Documentsa Whenever Arcrutect considers It necessary or advisable for
implementatIon of the intent of the Contract Documents, Arclutect willha" e authon') to requITe addmonal inspectIon or testing of the Work In
accordance v.ith the pro\ISIOns of the Contract Documents, whether or notsuch Work ISfabncated. installed or completed(1) Hov.e\er. neIther t1us authonty of Arclutect nor a deCISIonmade 10
good faith eIther to exercIse or not to e"(ercise such authority shallgIve me to a dur: or responsIbility of Arclutect to the Contractor.Subcontractors. matel1al and eqUlpme:lt suppliers. theIr agents orernplo: ees or other persons perfonrung portIOns of the Work
12 Arcrutect shall re·,Je·... and appro\ e or take other appropnate actIon uponContractor's submicr.a.lssuch as Shop Drav.mgs. Product Data and Samples. but001: for the limited purpose of checkmg for conformance Wlth InformatIon gIvenand the deslg.'1 concept e"(pressed 10 the Contract Documents.a. Arclutect" s actIOn shall be ta1cen V.lth such reasonable promptness as to
cause no dela: In the \Vork or 10 the constrJc:lOn of County or of separatecontractors, v.rule allo\\lng suffiCIent tIme 10 Arcluteds profeSSIOnaljudgment to permn adequate re',Jev.
b Review of such submlttals ISnot conducted for the purpose of detemurungthe accurac: and completeness of other detalls such as dImensIOns andquanti lIes or for subS"13IltlatmgInstrUctIons for installatIon or performance
Ag:re~"Tle.,t For Arcnlte:::tlrJl Ser.lcesP~~ --t
of equipment or systems designed by the Contractor, all of wluch remainthe responsibility of the Contractor to the extent required by the ContractDocuments.
c. Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by Architect, of construction means,methods, techniques, sequences or procedures
d. Architect's approval of a specific Item shall not indicate approval of anassembly of which the item is a component.
e When professIOnal certificatIon of performance characteristics ofmaterials, systems or equipment is required by the Contract Documents,Architect shall be entitled to rely upon such certification to establish thatthe matenals, systems or equipment will meet the performance criteriarequired by the Contract Documents
13 Architect shall prepare Change Orders and ConstructlOn Change Directives, withsupporting documentation and data If deemed necessary by Arclutect as prOVidedherem, for County's approval and execution m accordance Wlth the ContractDocuments, and may authorize minor changes 10 the Work not involving anadjustment in the Contract Sum or an extensIOn of the Contract Time which arenot inconslstent with of the Contract Documents
14 Arclutect shall conduct inspections to determine the date or dates of SubstantialCompletion and the date of fmal completion, shall receive and forward to Countyfor County's review and records written warrantIes and related documentsrequired by the Contract Documents and assembled by the Contractor, and shallissue a final Certificate for Payment upon comphance Wlth the requirements of theContract Documents.
15 Architect shall interpret and decide maters concenung performance of County andContractor under the requIrements of the Contract Documents on wntten requestof either County or Contractor.a Arclutecf s response to such requests shall be made \',lth reasonable
promptness and \',ltlun an:- trrne lrrnlts agreed upon16 InterpretatlOns and declslOns of Arclute:t shall be conslstent \',lth the 10tent of and
reasonabl: Inferable from the Contract Documents and shall be In wnt10g or 10the form of drawmgs.a. When makIng such interpretations and InItial deCISIons Arclutect shall
endeavor to secure fanhful performance by both County and Contractor,shall not show parnaht;. to enher. and shall not be liable for results ofInterpretations or dedslons so rendered m good faIth
17 Aremte:f s deCISIOns on matters re!atmg to aesthetic effe:t shall be final Ifconstste:lt \',ith the intent expressed In the Contract Documents
18 Aremte:t shall re:Jder wnnen decislOns \',lth1n a re:lSonable trrne on all claIms,disputes or other matters In question bemee:J County and Contractor relatmg tothe exe:utJon or progress of !he Work as provided In the Contract Documents
G At the conc1uslOn of the proJect, Arclute:t shall furrush to County, In a form acceptable toCounty, a set of plans of !he project detaIling !he project "as bwlt '
Agre=mem For Archltecunl S<rvlcesPJ2': . 5
SECTION IIIADDITIONAL SERVICES
A. Architect anticipates that there will be no need for services and/or expenses other thanthose set forth above.
B. However, if needed and/or requested by County, ArchItect, shall furnish the folloWIngAdditional Services, the cost and payment of which shall be negotiated in a separateAgreement between the parties:1 Asbestos and lead paint investigation and survey2. Soil and foundations investigations soil tests and analysIs of test results3. Detailed mill, shop and/or laboratory InspectIOn of matenals or eqUIpment.4. Field surveys for deSIgn, field InvestIgations, field layouts and measurements5 Authorized ReproductIon over sets specified in this Agreement6 Travel required of ArchItect and authonzed in writIng by County to pOInts outside
Fon Bend County7 Off-site Utllines and Engmeenng8 Makmg revIsions U1 Drav"ings, SpecificatIOns or other documents when such
revISIOns are.a. InconsIstent v,,1th approvals or U1StruCtlOnspreviously gIven by the
County, including revisions made necessary by adjustments In theCounty's program or Project budget,
b Required by the enactment or reviSIon of codes, laws or regulationssubsequent to the preparation of such documents, and/or
c Required to reduce constructIOn cost due to contractor low bid exceedingbudgeted monies.
9 Preparing a set of "record" drav"mgs showmg changes U1the work made durmgconstruction based on marked-up pnnts. drawU1gs and other data furnIshed by theContractora The "record" drav"mgs shall be In the form of an electroruc data file in a
format that ISacceptable to County10 Fees and costs Incurred for obtammg all federal. state and local permits and
appro" also11 Prondrng additional consn-uctlOn mspectlOns necessitated by extensIOn of the
construction contracI time12. Prepanng Consuuctlon Doc=e:1IS to remove asbestos-contammg matenal from
eXlstmg faclhr:- as part of an: "Demolltlon Plan"
SECTIO:': IVTIyfE FOR PERFOR.\!AJ"iCE
A ArchItect agrees to complece the se:>Ices called for In Section II A (Schematic DeSIgnPhase) of thIs agreement v,,1thm four.ee:1 (14) calendar days from the date of thIsagreement.
B Upon wrinen approval b: the Count: of the schematic deSIgn dr:mmgs together \vlth anychanges or modIfications thereof requested by the County. the Architect shall proceed
Ag:re~:rlt='1t For An:hlte:rural Ser,llcesPJ:;: . 6
Wlth the performance of the services called for in Section II B. (Design DevelopmentPhase) of this agreement and shall complete such services within twenty-one (21)calendar days after such approval by the County
C. Upon wntten approval by the County of the design development documents together Wlthany changes or modifications thereof requested by the County, the Architect shallproceed with the performance of the services called for in Section 11 C. (ConstructionDocument Phase) of this agreement and shall complete such services within forty-five(45) calendar days after such approval by the County.
D Upon written approval of the contract documents, together with any changes theretorequested by the County, the Architect shall proceed with the performance of the servicescalled for in Section II D (Bidding and Contract Phase) of this agreement1 Tlus phase shall terminate and the services rendered thereunder shall be
consIdered complete upon commencement of the constructIOn phase.
E Upon award of a constructIOn contract for the ProJect, the Arclutect shall proceed with theperformance of the services called for in Section II E. (ConstructIOn Phase) of thisagreement and complete such services upon notification of final payment on the lastpnme contract to be completed.
F The foregoing time lunits may for good cause be extended by the County Engmeer as theProject proceedsI. Any such extension must be approved in wntlng.
SECTION VTHE ARCHITECTS COMPENSATION
A. For and in consideration of the services rendered by the Arclutect, and subject to the hrnitof appropnation under SectIOn IX. the County shall pay to the Architect a firm fixed feeof 7.95% of constructIOn cost or Base BId. wluchever is lo\\er heremafter called the"BasiC Fee"
B Dunng the course of services hereunder. the BasiC Fee shall be allocated as followsI For and m consideratIOn of the selYlces rendered by the Arclutect under SectIOn II
A (the Schematic DeSIgn Phase). the Arclutect shall receive a total compensatIOnoffiftee:J perce:Jt (15%) of the BasIC Fee
2 For and ill consideration of the senlces rendered by the Arcrutect under SectIOn 11B (the DeSign De\elopme:Jt Phase), the Architect shall receive a totalcompe=lon of fifteen percent (15%) of the Basic Fee
3 For and ill consideration of the servIces re:Jdered by the Arclutect under SectIOn IIC (the Construction Documents Phase), the Arclutect shall receive a totalcompensation of forty percc:Jt (40%) of the BasICFee
4 For and ill consideration of the senlces rendered by the Arclutect under Section IIo (the Blddillg and Contract Phase), the Arclutect shall reCCl\e a totalcompenS<lllOnof five perce:Jt (5%) of the Basic Fee
5 For and in consideration of the senices rendered by the Arclutect under Section IIE. (the ConstructIOn Phase). the Arclutect shall recel\e a total compensatIOn oftv.enty-fi\e (25%) of the Basic Fee
Agre~~e'1[For Architectural S~nlc~sPage· i
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
SECTION VITIME OF PAYMENT
A. During the performance of the services provided for in this Agreement for the SchematlcDesign Phase (Section II A.), the Design Development Phase (SectIOn II B.), and theConstruction Documents Phase (SectIon II C.), monthly payments shall be made basedupon that portIon of the services which has been completed.
B Payment for servIces rendered by the Architect for the BIdding and Contract Phase,(SectIOn lID), shall be made eIther upon award of a constructIOn contract for the projectby the County, or within one hundred eighty (180) calendar days of receipt of bIds for theProject, whIchever is earlIer
C Payments for services rendered for the ConstructlOn Phase (SeetlOn lIE), shall be paId In
proportIOn to the percentage of the completIOn of the constructIOn of the Project aseVIdenced by the ArchItect's monthly estunates for Payment to the Contractors andapproved in wntmg by the County Engmeer.
D On or about the last day of each calendar month durmg the performance of the servIces tobe provided under this Agreement. the Architect shall subIDlt a sworn statement to theCounty Engineer, in a form acceptable to the Fort Bend County Auditor, setting forth thepercentage of the services provided for under the appropriate subsectlOn of Sectlon IIwmch were completed during such calendar month and the compensatIOn which is dueplus the amounts payable under Section III (Additional Services and Charges) which havenot been prevlOusl~ bIlled or paid.I In the e\ ellt the statement mcludes charges based upon duect labor cost of
senlces or any other rates based upon the amount oftlme v.orked by an individualor mdlvlduals m performing servIces. whether the charges are bemg billed duectl:to the Count: or v.hether the: are the basis of mvOlces from subcontractors forv.hIch the ArchItect seeks reunbursement from the Count:. the charges shall beaccompanied b: an affidavit SIgned by an officer or pnnclpal of the ArchItectcemf:mg that the v.ark v.as performed. It 'Was authonzed in vmtmg by theCount: Engmeer and th.I!tall mformatlon contained In the mVOlcebeing true andcorre::t.
2 Furthermore. the ArchItect agrees to mamt.ain. for a penod of seven years. detaIledrecords that identlfies each mdl\ Idual performing the senlces, the date or datesthe seI\ Ices v.ere performed. the applIcable hourly rates. the total amount bIlledfor each indlv Idual and the total amount btlled for all persons. and prOVIde suchother detaIls as may be rquested b: the County Audnor for \enficatlon purposesa The ArchItect shall retam Its records 'W1thmthe boundanes of Hams
Count: and shall keep same avatlable for rnspectIOn dunng regularbUSIness hours b: Counry offiCIals
3 The Count:· Engineer shall re'de'"" the statements v.1thJnthJ~ (30) days of recdptand approve them in v.ntmg V.1th such modlficanons. If any as he deemsappropnate
Agre:me'1t For ArchHe::rur:l! S~r·llcesPJg"! - 8
4 The County shall pay each statement within tlnrty (30) days after the CountyEngineer's wntten approval provided however that the approval or payment ofany statement shall not be considered to be eVidence of performance by theArclutect to the pOint indicated by such statement or of receipt or acceptance bythe County ofthe services covered by such statement
SECTION VIITERMINATION
A County may terminate tlus Agreement at any lime by wntten notice to the Architect
B Upon receipt of such notice. the Architect shall discontinue all services In connectlOnwith the performance of this Agreement and shall proceed to cancel promptly all eXistingorders and contracts Insofar as such orders or contracts are chargeable to thts Agreement
C Wltlun SIXty(60) days after receIpt of notlce of termmatlOn. the Archllect shall submll astatement. showing In detail the servIces performed under thIs Agreement to the date oftermlnatlOn
o The County shall then pay the .A.rchllect that propomon of the prescnbed charges INluchthe servIces actually performed under tlus Agreement bear to the total services called forunder this Agreement. less such payments on account of charges as have been prevlOuslymade
E Copies of all completed or parllally completed deSigns. draWings. electronic data files andspeclficatlOns prepared under this Agreement shall be delivered to the Cooory when andIf tlus Agreement IStermmated.
SECTIONVUINOTICE
A Any nOlice reqUired to be gIven under the provlslOns of tins Agreement shall be mwntmg and shall be duly served when It shall have been deposited. enclosed m a wrapperWith the proper postage prepmd thereon. and duly registered or certified. return receiptrequested. In a Uruted States Post Office. addressed to the Counry or the Arclutect at theaddresses set forth below
B If mailed. any notice or commurucallon shall be deemed to be receIved three days afterthe date of deposll In the Uruted Stales Mad
C Unless otherwIse proVided In thIS Agreement. all nO!Jces shall be delnered to thefollowmg addresses
If to the ArchitectJoseph M SantopelloDlStefano/Santopello Archnects. Inc11222 R.1chmond Ave. SUlle 230Houston. Texas 77082
~ If to Fort Bend Counry nonce must be sent to both the Counry Judge and CouneyEngmeer
Fort Bend County Judge309 S 4'" Street' -
Agreement For A.rchuectural S~nlcesPJge - C)
Suite 719Richmond, Texas 77469..Fort Bend County Engmeer1124-52 Blume RoadRosenberg, Texas 77471
D EIther party may desIgnate a dIfferent address by giving the other party ten (10) dayswritten notice.
SECTION IXLIMIT OF APPROPRlATION
A. Pnor to the execution of t1us Agreement, Arclutect has been adVIsed by County, andArclutect clearly understands and agrees, such understandmg and agreement being of theabsolute essence to this contract, that County shall have avaIlable the total maximum sumof $ specifically allocated to full; dIscharge any and alllIabI1mes, mcluding construction costs, wluch may be incurred by County in bringIng thisproject to an absolute conclUSIOn,resultIng in a complete, fully funushed, fully eqUIppedand fully usable facIlIty, and that the total of any and all basIC construction costs, costs ofproVIding the reqUITedfurmslung and eqUIpment, all fees and compensatIOn of any sort tothe ArchItect and consultants, and any and all costs for any and all t1ungs or purposesenunng under or out of this agreement. irrespectIve of the nature thereof, shall not exceedsaid specIfically allocated sum, notwithstanding any word, statement or thing contamedin or inferred from the preceding proviSIon oftlus agreement ""mch might in any light byany person be interpreted to the contrary.
B Architect does further understand and agree. said understanding and agreement also beingof the absolute es=ce of this contract. that the total maXlIllum compensatIOn thatArchitect ma; become entItled to hereunde= and the total ma"Gmum sum that Countyshall become lIable to pa; to Arclutect hereunder shall not under any condmons,circumstances or rnterpretatlons thereof exceed the sum of $ _
SECTIO", XSCCCESSORS A.."\TI ASSIGNS
A The Count;. and the ArchItect brnd the::nsel\es and the:r successors. executors.adrmrusrrators and asSIgns to the other ~ar;:.of t1us Agreeme::lt and to the successors.executors. adrmms-.rarors and asSIgns of suc~ othe= part;. 10 respect to all co\ enants oft1us Agreement.
B Nelthe= the County nor the Arcmtect shall asSIgn. sublet or transfer Its or lus rnte=esl ill
thIs Agreement V.lthout v.nne::J.consent of the othe=
C Notlung herem shall be construed as cre:mng any personal habIIIt: on the part of anyoffice= or agent of an; public and/or go\emmental body ""luch may be a part;. he=eto
SEcno", XIPL13LIC CO:-'lACT
Ag:;e:'T1cot For Archne:::u.ral Sc:rllcesP~e - 10
A. Contact with the news media, citizens of Fort Bend County or governmental agenciesshall be the sole responsibilIty of the County.
B. Under no circumstances, whatsoever, shall the Architect release any material orinformation developed in the performance of Its services hereunder without the expresswritten perrmsslon of the County
SECTION XIICOMPLIANCE AND STANDARDS
A. The Architect shall render the services hereunder In accordance Wlth generally acceptedstandards applicable thereto and shall use that degree of care and siGll commensurate withthe arcrutectural profession to comply with all applIcable state, federal, and local laws,ordmances, rules and regulations relating to the services to be rendered hereunder, andArchitect's performance.
SECTION XIIIOWN""ERSHIP OF DOCUMENTS, COPYRIGHT
A The County shall be the absolute and unqualified use of all drawmgs, preliminary layouts,record dra\\1IJgs. sketches and other documents prepared pursuant to this Agreement bythe Arcrutect and his Subcontractors Wlth the same force and effect as if the Countyprepared the same
B No reuse fees or royalty payments \\ill be paid to the Architect in connectIOn with futurereuse or adaptation of designs denved under thJs contract.
C. Copies of all complete or partially completed mylar reproducible. preluninary layouts,record dra\\ings. digital files. sketches and other documents prepared pursuant to thJsAgreement shall be delivered to County v.hen and lf this Agreement is termmated orupon completIon ofthJs AgreemenL v.luchever occurs first.
o The Arcluteet IDa:- re<.ainone (l) set of reprodUCible copIes of such documents and suchcopies shall be for the Arcluteds sale use ill preparation of studIes or reports for FortBend CoUllt: oni:-
E The Arcluteet is npressl: prolublle:i from sellmg. liCe:lSillgor otherv.ise marketmg ordonatmg such docurne:llS or USillgsuch documents m the preparatIon of other \\ork forany other c!Je:ll.. \\lthOUl the pnor express \\TItlen pernusslOn of the Count:
F The docume:ns re:e:-e~ced ill tlus Se::tlon are not mtended or presented b: the Arclutectto be sunable for re:lSe b:- the Count:' or others on extensIOns of tlus Project or on otherunrelated proJ=e5
G Any adapl2!IOn or lL~ b: the Counr: of such documents on exre:lSlOnof tlus Project orother unre!2led proJecrs shall be at the Counry's sale risk
SECll0~XIVI)iDDI:\lFICA nON
Agre:-:ne1.t For Arc:lIt.e:rur.J.1 S~rvlcesP~':-Il
A. THE ARCmTECT SHALL SAVE HARMLESS THE COUNTY FROM ANDAGAINST ALL CLAIMS AND LIABILITY DUE TO ACTIVITIES OF THEARCmTECT, ITS AGENTS OR EMPLOYEES, PERFORMED UNDER TIDSCONTRACT AND WHICH RESULT FROM ANY NEGLIGENT ACT, ERROR,OR OMISSION OF THE ARCHITECT OR OF ANY PERSON EMPLOYED BYTHE ARCIDTECT.
B THE ARCIDTECT SHALL ALSO SAVE HARMLESS THE COUNTY FROMAND AGAINST ANY AND ALL EXPENSES, INCLUDING REASONABLEATTORNEY'S FEES WHICH MIGHT BE INCURRED BY THE COUNTY, INLITIGATION OR OTHERWISE RESISTING SAID CLAIMS OR LIABILITIESWHICH MIGHT BE IMPOSED ON THE COUNTY AS THE RESULT OF SUCHACTIVITIES BY THE ARCHITECT, ITS AGENTS OR EMPLOYEES.
SECTION XVMODIFICATIONS
A Tlus instrument contams the entIre Agreement between the partieS relatmg to the nghlsherem granted and obligations herein assumed.
B Any oral or wnnen represe:natlOns or modIficatIOns concermng tlus mstrument shall beof no force and effect exceptmg a subsequent written modIfication SIgned by both partIeshereto
SECTION XVIAUTHORITY OF COUNTY ENGINEER
A Notwlthstanding anytlnng contained herein to the contrary, the County Engrneer, at Inssole discretion. shall decide any and all questions which may anse as to the rnterpretatlonof tlus Agreement and any and all questIOns as to the acceptable fulfillment of tlusAgreement by the Archnect.
B HIS deciSIOn shall be [mal
.C It IS mutually agreed by both partIes that the County Engrnee: shall act as referee III allquestIons artsmg under the te:ms of tins Agreement bet\"een the partIes he:eto and thatthe deCISIOns of the Count:' Engmee: III such shall be fmal and bmdmg alike on bothpartIes he:eto
o Nothrng contamed III tlus Arude )<'vl shall be construed to authonze the Count:Engrneer to alte:. 'oar:' or amend any of the te:ms or provlSlons oftlus Agreement
SECTIO" )<.vlIMERGER
A. The PartIes a~ee that tlus Agreeme:ll COnt2.lllSall of the ler:ns and condlllons of theunderstandmg of the pames relatmg to the subject maner hereof
B All pnor negollallons. dISCUSSIOns.correspondence and prehmrnar: understandrngsbemeen the pames and others relatIng hereto are superseded b, thISAgreemen[
Agre::ne"lt For ArchueC:UrJ.1 S~r'lcesP~e . 12
SECTION XVIIICOMPLIANCE WITH TEXAS CIVIL STATUTE ARTICLE 249a
A. In accordance with Texas Civil Statute Article 249a (Vernon Supplement 1997) Architectrepresents to County that both principals of DIStefano/Santopetro Architects, Inc., arelicensed under the laws and jurisdiction of the Texas Board of Architectural Examiners -8313 Shoal Creek Blvd, Austin, Texas.
SECTION XXIXEXECUTION
A. The County executes this Agreement by and through the County Judge acting pursuant toOrder of the CommiSSIOners' Court of Fort Bend County, Texas, so authoriZing
B TIns Agreement shall not become effective untIl executed by all partIes hereto
FORT BEND COUNTY
t. 10/ J!lIDDus, Fort Bend County Judge
ATTEST:
DIanne WIlson. Fort Bend County Clerk
ARCHITECT
JosepH M SantoperroIr sldent. DlStefano/Santoperro Ardllte~ts. rnc
ATTEST
Agreeme',r For Arcnlte:::ural Se:r.lcesPJg, . I:
AUDITOR'S CERTIFICATE
Ihereby certify that funds are available in the amount of $ to accomplishand pay the obligation of Fort Bend County under tlus contract
Ed Sturdivant, Fort Bend County AudItor
DSH 3580 1011012000
Agree:ne:1t For A"c:1\te::~_":1!S~... \C~~
PJ~~. :~
65/16/2661 11 07PRECINCT 2--- PAGE 61/61
- -- ---- -----
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
REruM TO. AGENDA COORD. - COUNTY JU:DGE'S OFFICE
PATE SUBMITTED: 05/1612001 . SUBMITTED BY: Ike Watldos, Jr, AGENDA
SUMMARY OF ITEM:Authoriu CObOt}' to develop A plan for pat1u:Jp.tion ID dev.lopmetltor public W8ter and sewer 'acilihel io Undtr5eryed ftre3SofFort BendCountycon",tent wtlh the ~ro... lo., of 5B821 (76th Legu ••tllre, 1999)
RENEWALCONTRACVAGREEMENT V.. ( ) No(X) --. - ---LIST Sl:f'PORHI\G DOCUMENTSAUACHED: See .ommellt5 from Aud.tor.
1. Complctel~ fill Qut agenda form. lneomplele forms will Dot be proc-ed.2 fax or inter-offi •• COple; of agenda form with all back informlltlon by Wednesday at 2:00 p.m. to the departments
listed abQve3. All Original baCk-UpllIllStbe received 10 the County Judg .. Office by 2:00 p.m. on Wednesday.
RECOMMENDATION/ACTION REQtJESTED:
AS PER ORIGINAL
WATER AND UTILITIES § 412.016
mum cost of the proposed mv_gatlon and shair-IN~~IL...cWLD1J~~llLanllJ;"",=~'Ot<_--~order the ballots for the electlon to be prmted toproVIde for votlng for or agamst the proposltlon·Spending county funds for the purpose of malang asurvey of water resources, 10 an amount not to e."{ceed$ (the maxunum amount determmed by thecourt) •
(c) If a mSJonty of the ballots cast at the eJectlonare In favor of the e."q)endlture, the comrmsS1oners
, eourt may contract for professIOnal serVIces and mcur.other necessary expenses 10 an amount not to exceed
maxunum amount fixed for this purpose If a'onty of the ballots cast are opposed to the expen-
iJiture, the comnussl0ners court may not spend fundsthIs purpose. and another elcctlon on the propoSI-may not be held for two years
1987. 70th Leg, ch 149, § I, eff Sept. I 1987
(a) A eounty may acqwre. own, operate or contractfor the operatlon of, a water or sewer unlIty system toserve an uruncorporated area of the county In thesame manner and under the same regulatIon" as d
mumClpahty under Chapter 402. The county mustcomply WIth all prOVISIonsof Chapter 13, Water Codethat apply to a mUnICIpalIty However, a county mtha populatlOn of 28 m1l.lIon or mOTe and any adJommgcounty may, WIth the mumclpabty'S approval, sen e anarea Wlthm a mUnICIpalIty
(b) To finance the water or sewer ubhty sy'3te'Tl cl
county may ISsue bonds payable solely from the reve-nue generated by the water or sewer utility systemA bond ISsued under thIS sectlon IS not a debt of thecounty but IS only a charge on the revenues pledgeDand IS not consIdered m determmmg the abulty or thecounty to lSSue bonds for any other purpose amho-nzed by law Tlus subseetlon does not authome thpIssuance ot general obhgatlon bonds payable tram advalorem taxes to finance a water or sewer utIlI!}system However, a county \'\''lth a populatIon of 2 8million or more and any adJolIllDg county" may Issuegeneral obhgatlon bonds WIththe approval of quahfiedvoters
(c) A county may acqwre any mterest m propen;.necessary to operate a system authonzed by tillS
sectlon through any means avaIlable to tbe count"mcludmg emment domam. A county may not USf'
emment domain under thIS subsectJ.on to acqUIre prop~erty m a mUnICIpalIty Prov1ded, however, a coun!}\Vlth a populacon of 2.8 rn.llhon or more and anyadJommg county may, WIth the muruclpahty's appro"aI, use the power of emment domam under thl'3 SUb-sectIon to acqUlre property Wlthm a mUnIcIpalItyAdded by Aots 1999. 76th Leg, ch 191, \ 1, eff Iila) 241999
'"I I\ ""i,,
'II,'I,i,i
d
014. Acquisition of Property for Water Sup.ply or Transport of Water
.The COlJUlllSSloners court of a county may ac·purchase, gIft, lease, or any other method,
'eondemnatlon, any property or an mterest m- :iDsldeor outside the county that the commlS-
finds necessary to obtaIn a surface water_to transport and deliver surface water,
property beIng acqwred ISlocated outsIde•the comnuastoners court of the county or
the property IS located shall hold a• g and acqulSltlon must be approved by
nel'll coort at. a regular meetmg of the
loners court may contract 'WIth anyIon of the state for the management
n of all or part of the property or mter-and for the benetiClal use of the
A contract may be made on terms thecourt considers appropnate but may
of more than 40 years.
d989, 710t Leg, eh I, 9 84(.), elf Aug 28,
ty Water and Sewer Utlhty
county, as defined by Seetlon 16341.~\. Y own, operate, or mamtaIn a water or
the same manner as a muruClpailty402.
979, 4 5, err June 16,
CHAPTER 413 WATER, WASTEWATER, ORSOLID WASTE SYSTEMS IN COUNTIESWITH POPULATION OF 10,000 OR LESS
SUBCHAPTER A. GENERAL PROVlSIONSSectIon413001413002
Apphcabthty of ChapterCounty Fmancmg of Water or Wastewater Sys-
tem{Sections 413 003 to 413 050 reserved for e'qlanslOn]
SUBCHAPTER B COUNTY UTILITY SYSTEMBOARD FOR WATER, WASTEWATER OR
SOLID WASTE SYSTEMDefirntIonAuthonty to EstablISh Board
413051413052
1023
J:ORT BJ£:'lD COLi'<TYCOMMISSIONERS COURT AGENDA REQUEST FORM
Original Form Submitted with back up to County Judge's Office: Yes ()
1. Completely fill out agenda fonn, mcomplete fonns wtII not be processed.2. Fax or inter-office COpiesof agenda form wrtb all back up information by Wednesday at 2.00 p.m. to tbe departments
listed dbove.3. All original back-up must be re<:ened m tbe County Judge> Office by 2:00 p.m. on Wednesday.
Instructions for submitting an Agenda Request:
RECO:\1MENDATION / ACfION REQUESTED:
I do not recommend waiver of penalty and interest on this account.
MARSHA P. GAINESFort Bend County Tax Assessor/Collector
TO COimty Judge James AdolphusCOmmISSioner Tom D StavmohaCOmmIsSioner Grady PrestageCOmmISSIonerAndy MeyersCOmmISSIonerJames PattersonBen W "Bud" Childers, County Attorney
FROM Marsha P GamesTax Assessor/Collector
RE WllIVer of Penalty and Interest -Soho Investment Co LLC, Account# 3560-06-000-0042-910,1999 & 2000 Tax Year; Precinct 3
Ms Lanelle DaVISISrequestmg wllIVer of penalty and mterest for Soho Investment Co LLC on the above referenced account for the1999 & 2000 tax year
Tax Office records mdtcate
1999 Tax Year
• 1999 ongmal tax roll has the above referenced account nwnher hsted under DaVISArr Condtllonmg & Heatmg Inc , P 0Box 1606, Angleton, Texas 77516-1606
• EffectIVe m 1994, "House Bill II 58 allows the Central Appl1llS81D1stnct to change an address as hsted m Fee SlDlpleInstruments (I e Deed) or at the owners request, m wntmg"
• The "grantee" address hsted on the deed was 1420 S Front St• October II, 1999, our office processed name and address report #1 from the Fort Bend Central Appr8.lsal D1stnct
rnstructmg our office to change the name and address on the account to Soho Invesl1nent Co LLC, 1420 S Front St,Angleton, Texas 77515-9257
• October 21, 1999, our office wed ongmal tax statement to Soho Investment Co LLC, 1420 S Front St, Angleton,Texas 77515-9257
• 1999 ongmal statement returned by post office statmg "INSUFFICIENT ADDRESS"• March 2000 our office med dehnquent nollce to Soho Investment Co LLC, 1420 S Front St, Angleton, Texas 77515-
9257• March nollce returned by post office statmg "ATIEMPTED UNKNOWN'• May 2000 wed 3307 dehnquent nollce to Soho Investment Co LLC, 1420 S Front St, Angleton, Texas 77515-9257• May nollce returned by post office statmg "UNABLE TO FORWARD"
STATEMENT eQUAL EMPLOYMENT OPPORTUNITY STATEMENTFORT BEND COUNTY DOES NOT DISCAIMINA TE ON THE BASIS OF RACE COLOR NA TIQNAL ORIGIN SEX REL.IGION AGE OR DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
MARSHA P. GAINESFort Bend County Tax Assessor/Collector
• 2000 tax roll has the above referenced account number hsted under Soho fnvestment Co LLC, 1420 S Front Sf,Angleton, Texas 77515
• 2000 origma! tax statement lIllII1edOctober 18, 2000, to Soho fnvestment Co LLC, 1420 S Front St, Angleton, Texas77515
• 2000 ongmal statement returned by post office statmg "FORWARDING ORDER EXPIRED"• March 6,2001, March delmquent notIce wlI5l1ll111edto Soho fnvestment Co LLC, 1420 S Front St, Angleton, Texll5
77515• March notice returned by post office stating "UNDELIVERABLE AS ADDRESSED"• February 28, 2001, Fort Bend Central Appnllsal Dtstnct changed the maJhng address to POBox 1606, Angleton. Texll5
77516-1606 per "owner request"• Apnl2001, our office receIVed and processed name and address report #8 winch changed the maJhng address on the tax
account to POBox 1606, Angleton, Texas 77516-1606• The owner has stated that the address of 1420 S Front St, Angleton Texas 77515 IS mcorrect Stafford Consohdated
Tax Office has the correct maJhng address ofP 0 Box 1606, Angleton, Texas 77516-1606• April 19, 2001, waIVer mstructtons were faxed to Soho Investment per a telephone request• Payment WlI5made on Apnl19, 2001, for the 1999 & 2000 Fort Bend County property taxes winch mc1udes Apnl2001
penalty and mterest
Breakdown of Taxes PllIdBase TaxPenalty and InterestAttorney FeesTotal PllId
1999Tu Year$1,73506S 468.47$ 33053$ 2,534 06
2000TuYear$1,73074$ 190.38$ 000$1,92112
SectIon 31 01 (g) of the Texas Property Tax Code states, "FllI1ure to send or receIVe the tax bill reqUIred by tins section does notaffect the vabdJ.ty of the tax, penalty, interest, the due date, the exIStence of a tax hen, or any procedure mstttuted to collect a tax."
I do Dot recommend waIVer of penalty and mterestBend County Tax Office
There \S no evidence of an error by the Central Apprlllsal Thstnct or the Fort
~~
2
STATEMENT eQUAL EMPLOYMENT OPPORTUNITY STATEMENTFORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE COLOR NATIONAl ORIGIN SEX RELIGION AGE OR DISABILITY N EMPLOYMENT OR THE PROVISION OF SERVICES
April 19, 2001I 'i I-IrlR ~ 3 2001 ,.I;:ORl tlb~LJL.UUI~1\ ,,0U(iECounty Judge James Adolphus
301 Jackson, Suite 719Richmond, Texas 77469
Dear Judge Adolphus,
I received an owner change statement today. I was shocked to see that lowed back taxes.I immedtately called the Ft. Bend County Tax Assessor's office. It was explained to methat the taxes I am paying to the Stafford Consolidated Tax Office does not includecounty taxes. Of course, I mailed a check the same day. I did not receive any taxnotices. The County Tax Office confirmed this and said the notices were returned.The wrong address was in the computer system although Appraisal DIstrict andConsolidated Tax office bad correct address. This is our first purchase of property in Ft.Bend County, and I would appreciate if the fees, penalty and interest amount of$989.38could be waived.
Year in question: 1999 & 2000Name: SOHO Investment Co LLC
P.O. Box 1606Angleton, TX 77516-1606
Phone' 979-849-8124
FSc APR 2 4 ZOOtI
c
COUNTY JUDGEFort Bend County, Texas
James C AdolphusCounty Judge
(281) 341-8608Fax (281) 341-8609
May 8, 2001
Soho Investment Co LLCPOBox 1606Angleton, TX 77516-1606
Account #3560-06-000-0042-910Pct 3
The County has receIVed your request for a watver of the penalty and mterest on yourtaxes m the amount of $468 47 and $190 38
If you have documented proof of an error on the part of the County TaxAssessor/Collector's Department or the Central AppraIsal DIstrIct, you may present thatdocumentation to the CommIssIoners Court on May 22, 2001 when your request will beconsIdered The Commissioners Court IS located at the Wilham B TraVISAnnex, 301Jackson Street, Rtchmond, Texas
Please contact your CommIssIoner, Andy Meyers at 281-494-9076 to dISCUSSyour waIverm further detaIl
State law mandates that the Commissioners Court cannot approve your request unlessyou can prove error on the part of eIther department
James C AdolphusCounty Judge
-----.FOR r BJ<..:'<UCOC~TY
COMMISSIONERS COURT AGENDA REQUEST FORMRETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE
DATE SUBMITTED: -,-M",a.l..y~3,-"~20,,,0,-,1~_After taxpayer haSbeen notlfled ./"COURT AGENDA DATE:
1. Completely fill out agenda form, mcomplete Corm. wtl1 not be proc:~2. Fax or inter-office cop.es oC agenda Cormwrth all back up information by Wednesday at 2:00 p.m. to the departments
listed above.3. All origmal back-up must be recened m the ClIUDt)Judges Office by 2:00 p.m. on Wednesda).
RECO~NDATION I ACTION REQUESTED:
I do not recommend walver of penalty and lnterest on thlS account.
MARSHA P. GAINESFort Bend County Tax Assessor/Collector
TO County Judge Jim AdolphusComnuSSIoner Tom D StaVInohaComnussioner Grady PrestageCommiSSIoner Andy MeyersComnussioner James PattersonBen W "Bud" ClIllders, County Attorney
FROM Marsha P GamesTax Assessor/Conector
RE W8IVer of Penalty and Interest -Moffett, Stephen B & Cane HurtAcet# 6015-27-004-0310-907, 2000 Tax Year, Precinct 4
Stephen Moffett IS requestmg W81verof penalty and mterest on the above referenced account for the 2000 tax year
Tax Office records mdlcate• 2000 ongmal tax ron has the above referenced account number hsted under Dtpesa, DaVid P & Megan., 210 CheSWIck Cir,
Sugar Land, Texas 77479-5240• September 5, 2000, our office receIVed name and address report #1 for the 2000 tax year from the Fort Bend Central
AppT81salDlstnct• Octoher 5, 2000, our office processed the name and address report #1 winch instructed our office to change the name and
address on the account to Moffett, Stephen B & Carne Hurt, 210 CheSWIck Cir, Sugar Land, Texas 77479-5240• October 18, 2000, onginal2000 tax statement requested by and lIIlll1edto Bank Umted of Texas• February 26,2001, per a telephone request, a statement was lIIlll1edto Stephen B Moffett & Carne Hurt, 210 Cheswick
Crr, Sugar Land, TeX1lS77479·5240• March 6,2001, our office lIIlll1eda March debnquent nolJ.ce to Stephen B Moffett & Carne Hurt, 210 CheSWIck Crr,
Sugar Land, TeX1lS77479-5240• March 5, 2001, our office receIVed name and address report #7 from the Fort Bend Central Appr81sal Distnct• March 8, 200 I, our office processed the name and address report #7 whIch instructed our office to correct the speUmg of
the name "Carne" to "Cane" (there were no other changes to the account)• No returned maJi receIVed on tlus account• March 28, 2001, recetved cl<#702 m the amount of$521 19, ThIs amount was for payment of the 2000 base amount of
the General Fund ONLY Also enclosed WIth ck#702, was a letter from Mr Moffett statIng that he p81d "what hebeheved to be the ongmal tax amount for the year 2000 "
• Apnl2, 2001, our office returned Mr Moffett's ck# 702 as short and gave htm the twenty-one day grace penod to payMarch penalty and mterest amount m full
• Payment for the 2000 taxes was made per the postmark date of March 27,2001, for the Fort Bend County taxes whIchmcludes March 200 I penalty and interest
Breakdown of Taxes P81dBase TaxPenalty and InterestTotal P81d
$54726$ 49.26$59652
STATEMENT EQUAL EMPLOYMENT OPPORTUNITY STATEMENTFORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE COLOR NATIONAL ORIGIN SEX RELIGION AGE OR DISABILITY IN EMPLOYMENT cq T\-lE PROVISION OF SERViCES
MARSHA P. GAINESFort Bend County Tax Assessor/Collector
SectIon 31 01 (g) of the Texas Property Tax Code states, "Fal1ure to send or receIVe the tax btll reqwred by tlus sectIon does not affectthe validity of the tax. penalty, interest, the due date, the existence of a tax lien, or any procedure instttuted to collect a tax "
Section 93038 (b) (I) of the Texas Property Tax Laws states, "In the case of mortgaged property where taxes are paid from an escrowaccount controlled by the mortgagee (mortgage holder), the notice reqwrements shall be satisfied by sending the tax bill to themortgagee Wntten authonzatlon by the property owner IS not reqUIred m order to deliver the lax bill to the mortgage company whenthe mortgage company acknowledges that It has authonty for payment of taxes on the property "
Ido not recommend wlllVer of penalty and mlerest There IS no evidence of an error by the Central AppraIsal Dlstnct or the Fort BendCounty Tax Office
STATEMENT EQUAL EMPLOYMENT OPPORTUNITY STATEMENTFORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASiS OF RACE COLOR NATIONAL ORIGIN SEX RELIGION AGE OR DISABILITY TN EMPLOYMENT OR THE PROVISION OF S=:RV(CES
'lllllphon -210C_ClrdeSugar Land TX 77_79281-2.....7855
Apnl 20, 2001
County Judge James hiolphus301 JacI<son, Swle 719RIchmond, TX 77469
Dear Sir or Madam
I'm wnbng to request placement on the CommISSlOl1elS Court agenda to present my case concerrungsect #e015-U-«J+Q31tJ.907.
I bought my current l'eSldence In July of 2000 As "tax-time" rolled around, I received tax Infoonabonfrom many different sourt:eS. Not knoIMng v.tlere or how much I was getlJng concelnlng my hometaxes, I didn't knoN to question arry delinquent taxes. When I finally did receive the Fort Bend taxes inqueslIon, via the previous owners, It was the end of February (2001) and there 'MlIe penalties andinterest associated WIth them When Icalled to quesbon. Iwas told that apparently, when Ibought thehouse In July the change of OIIIIlerShtp on the house didn't go through, and strll had not. Therefore, IIM3I1lthrough the ownership changing process. lwK:e. and made sure everything was In my name
I was told to send In}lJ8t the actual amount for taxes In 2000 (no penalties or lrlleresl), when I called toInqUire about the problem. I sent a cl1eck, In the amourll of $521 19, along WIth an expIanatlon of theITUlHlp The check was sent back to me becaUse It did not InclUde the penalbes and interest (and Ididn't submit the amourll follOWIng the appropnate "'Naver Form") This ISv.tlere we are today
I have e1lClosed a check for the total $596 52 however; I feel I should pay only the reqUired taxes for2000 I am asking that the penaItJes and Interest that have been added, be 'NalVed. My accourllshould reftect dates and times of payment submissons and phone calls that took place concerning thiScase In the final phone convelSClbon I was told that I would be sent Informabon concemlng thesedates and bmes.. I have teeelved nothing
Sincerely,
~~c1!U(Stephen Moffett
F
~ APR 2 4 2001Ic
Fec APR 2 4 2D01A
c
COUNTY JUDGEForIBend County, Texas
James C AdolphusCounty Judge
(281) 341-8608Fax (281) 341-8609
May 8, 2001
Stephen B & Cane Hurt Moffett210 CheswIck ClrSugar Land, TX 77479-5240
Account #6015-27-004-0310-907Pct 4
The County has receIved your request for a waIver of the penalty and Interest on yourtaxes In the amount of $49 26
If you have documented proof of an error on the part of the County TaxAssessor/Collector's Department or the Central AppraIsal Dlstnct, you may present thatdocumentatIOn to the CommISSIoners Court on May 22, 2001 when your request WIll beconSIdered The Commissioners Court is located at the WIlham B TraVISAnnex, 301Jackson Street, Rtchmond, Texas
Please contact your CommIssIOner, James Patterson at 281-980-2235 to diSCUSSyourwaiver In further detaIl
State law mandates that the CommIssIOners Court cannot approve your request unlessyou can prove error on the part of eIther department
James C AdolphusCounty Judge
5-)5-20~1 11 22AM FROM FORT BEND COUNTY 265 d671
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO AGENDA COORDINATOR - COUNTY WDGE'S OFFICE
P 1
DATE sumw:nm: 5/22101 SUBMI1TED BY; Jean McCarverDEPT. 074
SUMMARY OF ITEM: Readivatr the Fort Bend County Surface Water Supply Corporation and name 10mlttton. DiRCton "ill""rve four-year stae:ered terms or until a lIUlXCtiSOriB appoiuted by theCommi.UioDeJ'S COlJrl. From tile date of appoiu_t. five IJf ~ dimeto .... $!WI be appoiitlCd to """''' two-year tenDs IIDd tive of u.e cJireewl'$ $hllll be appollded to <erv" four-year terms. Directors wiD draw for ..position that will indicate tbe initiailenRtb of their term.
LIST SUPPORTING DOCUMENTS ATTACHED:
(ll3Ck-lIp docmn_n must 1>< attached for coIlSlderauon)
FINANCIAL SUMl\fA&Y:
BUDGETED ITEM: ANNUALIZED DOLLARS; COMMENTS:
Yes () No () NtA 0 OneTime ()
()
oFunding Source: Rtturring
Fund Mey. Object NtA
Oripaal Form Submitted with back up to County Judge" Off"1£e: 'Yel ()
CC with bMdc up:AuditorBudget Offir.erCounty AttorneyPurthlllJingA~tCounty Clerk
L CUlnpletely fill 0\11 logtlld. f61'11LID._I1 .... fo"..s .... 11Dol be processed.2. Fu ur lntel'Uffice cupiOsuf agenda furm "'III sIl b.ck up lDforDlolJOD by We_.y, 2'GOp.m lolbe
.... rtm.nts Iistc.I abo ...3. AUong!lloi b.ck-up mlllt be receIVed iD tbe Cuuoty JUdge's Office'" 2 00 p.m •Wecln..... y
RECOMMENDATION! ACTION REQUESTED:
5-15-2001 11 22AM FROM FORT BEND COUNTY 265 4671 P 2
Re: Reactivation of Fort Bend County Surface Water Corporation
At Commissioners Court on May 22, 2001, I am recommending the reactivation ofthe Fort Bend County Surface Water Corporation I would like to name RobertHebert and Gene Reed as Directors to represent Precinct 4
, " , , 1
~Fort Bend County Surface Water Supply Corporation
Don Meyer, Assistant City ManagerPublic Works Department
City of Rosenberg832-595-3519
MarkZgabayPublic Works Department
City of Richmond281-342-0559
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
SUMMARY OF ITEM' Authoroze subm,sslon of applicatIOn for Texas Department of Transportation Grant in theamount of $30,303 to be matched at 20% wIth m-kmd services.
LIST SUPPORTING DOCUMENTS ATTACHED.
BUDGETED ITEM ANNUALIZED DOLLARS. COMMENTS:
FINANCIAL SUMMARY:
YesO NoO N/A(,f) One T,me ()
Fundmg Source.Fund Agency Object N/A
Recurnng 0o
CC with back up:yes (,f )Audltoryes ( ,f)Budget Officeryes ( ,f)County Attorneyyes ( ,f)Purchasing Agentyes (,f )County Clerk
Original Form Submitted with back up to County Judge's Office: Yes ()
Instructions for submlttmg an Agenda Request
I Completely till out agenda form, mcomplete forms will not be processed2. Fax or mter-office copIes of agenda form Withall back up mformatlOn by Wednesday at 2:00 p.m. to the departments
listed above3. All orogmal back-up must be receIVed 10 the County Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION / ACTION REQUESTED:
5-18-2001 11.24AM FROM FORT BEND COUNTY 265 4671 P 2
FORT BEND COUNTY ENGINEERINGFon B<nd Count)'. Tex ..
D Jesse HegemierCounlY EngJneer
Februa:y 27, 2001
Ms Sundy Krishnamurthy, P.E.TillOTPubl1c Transportation Division125 E 11th StreetAustin, TX 78701-2483
Dear Ms Knshnamurthy:
The purpose of this letter is to request Texas Department of Transportat1on (TxDOT)funding for a project to conduct planning and coordination activities in support of aneventual coordinated transit system in Fott Bend County. Transit in tills county has longsuffered from a disjointed planning process made up of approximately twenty differentagencies. The result has been a disjointed, fragmented effort lacking in efficiency. Asthese agencies struggle under decreasmg budgets to work together, the lack of a focused,dedicated mdivldual has become more and more apparent. This lack of focus, coupledwith recent Federal and State emphasiS on transportation coordination, has led to arenewed co=itment by county leadershtp.
This letter serves as our request for $30,303 to fund a part-time temporary individual andother direct cost to study the existIng transportatIon concerns and issues, and resolvethem into a coordinated transportation effort under the coordinatlon of a Rural TransItProvider. Included in the funding request are estimated related costs necessazy toconduct the study. The duties of this individual would mclude:
• Serve as staff to the Fort Bend County TransIt AllIance In support of coordinationactivities.
• Conduct a planning study of transit in the county, document transportationresoutCes that could be better coordinated throughout the county, estimate thedemand for trarIsportation services, and proVide options for a more coordinateduse of resources.
• Serves as staff support to various transit providers in the region.
5-18-2001 11 25AM FROM FORT BEND COUNTY 265 d671 P 3
The requested funds Wlll be matched from in-kind contributions in the County on theattached bUdget.
Thank you in advance for giving this application your time and consIderation.
If you have any questions please contact me at 2&1-342-3039 ex. 131.
Sincerely,
~~~~-Ron Dra(;henber~Assistant County Engineer(281) 342- 3039 ex 131Fax (281) 342-7366E-mail [email protected]
5-18-2001 11 25AM FROM FORT BEND COUNTY 265 4671 P 4
Fort Benll COllDtY
Overview
Transportation for the elderly, disabled, low-income, and indigent populations of FortBend County, estimated at nearly 60,000 persons, has long suffered from a disjointedplanning process among the county's seventeen (17) identified proV1derentities. Theresult has been a disJointed, fragmented effort laclc.ingin efficiency As these entitiess1ruWe under frequently decreasing budgets to work together, the absence of a fOClJ.$Cd,dedicated individual has become increasingly apparent There is, however, a rtI1.ewedcomnutJnent on the part of county leadership tD tackle and resolve the problem.
Project Goal
The project goal IS to maximize transportation opportunIties for the elderly, disabled,low-eome, and indigent popula.tions of Fort Bend County by maximizing the use ofeXisting resources.
Background
Fort Bend County, as a part of subUrban Houston, has been among the five fastestgrowing counties in the nation for the past two decades. This growth has createdmobility problems for the general CItizenry, and the Speclal populations of the elderly,disabled, low·income, and indigent (estimated at nearly 60,000 per$OI1s)as well. Thenumber of public, private non-profit, and private for-profit entities deallllg with thesespecial groups has slowly increased. However. each entity tends to operate in a modeessentially independent of the others.
The need for and value of a coordinated effort has been apparent for years. Efforts to datehave been somewhat ineffective. County leadership has been able to raIse the issues andInterest in cooperative transit systems, only to have that interest fail due to the absence ofa dedicated person to pursue the reqmred coordination on a continual basis. There is onlyso much thllt can be accomplished with fragmented volunteer help. It I:> the belief ofcounty leadershIp that over the grant period, the agreements and reWionships necessaryfor the establishment of a cooperatl've system can be establIshed. Once the grant period iscompleted, this effort can be sustained by contrIbutions from the particlpanng entItlesthrough contract agreements, and from BUD block grant funds The key is to get thesystem established and operabonal so that all involved will see the value of continuingthe system.
Plan Elements
This project will follow the standard planning process; inventory, analysis, coordination,and rmplementation.
•
5-18-2001 11 26AM FROM FORT BEND COUNTY 265 4671 P 5
Fort Ben\! CQunty
Inventory - Building on the effortS to date, the transit coordinator will assist in theconduct of a planning symposium or summit. TIlls event will gather the seventeen (17)Identified providers along with numerous other stakeholders for the p\lIPOse ofitemizingresources and eliciting commitments. Infozmation gathered dunng this l'fOCess w111 becombined WIth that of previous sm::veys,studies, and projects.
Analysis - Once gathered, the data will be broken down and analyzed for solutions andOpportunIties for coordination. All opportunities and constraints will be documented andpresented to the various entities represented. Those oJ'POrtunities inunediately availablewill be implemented while the constraints are glven further attentlon. Where rule andregulatory changes are warranted, those will be pursued.
Coordination - The transit coordinator will process the various commitments madeduriilg the SymPOSIumand gain coordinated agreements among cooperatmg entities. Thisstep will be accomplished simultaneously WIth the analysis process so that as solutiQOSbecome apparent, they are implemented.
Implementatlon - At various deciSIOnpoints throughout the ):lrocess, efforts should baveyielded solutions. These solutions, and the steps needed to Implement them, will bedocumented and reported. The result will be a complete implementation strategyidentifying I) all solutions unplernented, and 2) any barriers still acting as constraill.ts tothe planniDg process.
Process
The tasks listed here will guide the efforts of a transit cQQrdinlltorto be hired for theduration of the grant period. (TIlls list is not intended to be all-mcluslve and Will bemodified as conditions wammt.)
• Serve as staff to VIeFort Bend County TraJlSltAlhance m support of coordinationactivitIeS
• Conduct a planning study of transit m the county, dQCUIIlenttransportationresources that could be better coordiI\a.ted throughout the county, estimate thedemand for transportation services, and provide options for a more coordinateduse of resources.
• Serves as stllff support to various transit providers in the regIon
Deliverables
The u1tunate deliverable ofthls project is the coordinated effort olthe various 1I'lU1Sitproviders in the county. Semi-annual and final reports will be produced to includesections documenting major work tasks, minutes of meetings with various boards andtask forces, and documentation of the platming process to date.
5-18-2001 11 26AM FROM FORT 8END COUNTY 265 4671
FORBelld County
Conclusion
"Ibis proJcct marks a milestone in the coordinated transjlQIUtion efforts inFoIt BendCounty. It is thc hope of county leadership that, as the project progresses, lessons learnedmay be transferred to othe~ entities struggling with like transportation issues
P 6
5-18-2001 11 27AM FROM FORT BEND COUNTY 265 4671 P 7
• Fort Bend County
Fort Bend County Transit Coordination Study
Cost Estimate
TxDOT PBC Total( In-Kind)
Direct LaborFor part-ume employee $22,003 $22,003All1ance Member Support $6,000 S 6,000
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO. AGENDA COORDINATOR - COUNTY JUDGE'S OFFICE
DATE SUBMITTED. 05/15/01 SUBMITTED BY:DEPARTMENT:PHONE NO.:
Ed SturdivantAuditor281-341-3769
AGENDA
~T~~COURT DATE: OS/22101
SUMMARY OF ITEM. DelIberate and take acbon on amendmg budget for HGAC grant pursuant to Local Government Code111 as follows: 01O-999-STAT State Reimbursement + $50,000, 010-043-0432-4010 Landfill Fees & Services + $50,000
I Completely fill out agenda form, mcomplete forms WIll not be processed2 Fax or mter-office copies of agenda form with all back up mformatlOn by Wednesday at 2 00 P m. to the departments
lIsted above3 All ongmal back-up must be received m the County Judges Office by 2:00 p.m. on Wednesday
RECOMMENDATION / ACTION REQUESTED:
Amend budget for HGAC grant pursuant to Local Government Code III as follows 010-999-STAT State ReImbursement + $50,000,010-043-0432-4010 Landfill Fees &. ServIces + $50,000
05-15-20,:1 Ail 34
IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTYFOR THE YEAR 2000 ~"...Q2001 ,~-~
On thISthe 22ND day01 MAY 'JE~ COOlmlSSloner.;'Court, WIth thefollowII19mernber$ belng present.
THAT WHEREAS, theretofore, on October 12, 1999, the Court heard and approved the budget for the year 2000 forFort Bend County, and
WHEREAS, on proper application, the CommissIoners' Court has transferred an eXIsting bUdget surplus to a bUdgetof a sImIlar kmd and fund The transfer does not Increase the total of the bUdget
The following transfers to said bUdget are hereby authonzed
Department Name CONSTABLE PCT. 3 025TRANSFER TO.
LINE-ITEM NAME NUMBER AMOUNT
IT HARDWARE 1012 3559.94
TRANSFER FROM.TOTAL TRANSFERRED TO ~$ __3559.94
CONTINGENCY 045-440 3559.94
TOTAL TRANSFERREDFROM~$ __3559.94
EXPLANATION THIS WILL ALLOW OUR DEPARTMENT TO HAVE AVAILABLE FUNDSTO PROCEED WITH PURCHASES AUTHORIZED FOR FY2001 AS APPROVED.
Department Head 5/9/01FORT BEND ROUND DOLLARS ONLY
BY
CONSTABLE PRECINCT 3Fort Bend County, Texa~
ROB COOKConstable
(281) 491-7226Pax (281) 491-0678
Date May 8, 2001
To CommiSSIOner's CourtFort Bend County
From Rob CookConstable, Precmct 3Fort Bend County
Subject Remstate Funds From FY2000 Carryover
ThiS office ordered computer eqUipment m November 2000, whICh was funded in theFY2000 budget Due to a miX up m either purchasmg or at the vendor, we were mfonnedin early January, that the purchase order had been rejected by the vendor ThiS officethen checked with the vendor and they mfonned us that thiS was not true They demedrecelvmg the purchase order. They then stated that they would be happy to honor theorder at that time We checked with purchasmg and were told that the P10 was still validThe order was processed, and thiS office expected It to be covered with FY2000 fundsrolled over as had happened m the past
Due to changes made by the auditor and not known to thiS office, the funds were notrolled over The purchase order resulted m a charge of $3,55994 agamst our FY2001budget m Account 1012, which was not m accordance With our planned budget
Please authonze the replacement of funds m the amount of$3,559 94 mto our account1012 ThiS Will allow us to proceed With purchases authonzed for FY200 I as approved
Agam, thiS ISnot an additIOnal expenditure, but simply provides reconCiliation of fundsfor the budget Items preVIOusly authonzed by commissioner's court for FY2000 & FY2001
Thank you for your consideration and approval of thiS request.
Rob Cook
Cc Members of the court (5)County AuditorBudget Office
12803 Park One Blvd • Sugar Land. Texa, 77478
FORT BEND COUNTY, TEXASPURCHASE ORDER
PO NUMBER PC 02500000653
i~~ ~~ l~s~4i:1r1n[FEB 08200J~~OUNTYAUDITOr:
BUYER
:3 CHERYL ;ACEK
FINAl~ PAGE. ~
PO DATE 20 200h
DELIVER BY 12 0
CONFIRMING FOBNO D
VENDOR SHIP TO CO,,"STA8LEPCT 312803 PARK ONE OR.SUGAR LAND TX 77487
752261.497 - bC:j~'''' USA1::'026SW FREE"AY
BILL TO CONSTA8LE PCT 312603 PAPK ONE OR.SUGAR LAND TX 77478
INCLUDES: 275914 TOSH 2755CVD PILI 600 64/6;273642 YIK 64M TOSH SAT15~~;892001. TAPG UNIY NOTEBOOK CASE;~92001 TARG UNIY NOTEBOOK CAS[----~ILL SUBMIT COpy OF '~UOTE FOR YOUR RECORDS ETC.
QUGTE 112.9703
JAN 29 2001 COUNTY AUDITO~A E TOTAL :~~~~~~::":"':~l.>mD TOTAL:
3~.723, o/'1J.. 7Z
AUTliORIZED S1GNAl\JRE,OATE
leA FORM 1074 (MAY 92)RECEIVING REPORT
~s~~---P.O. ox 200610Dallas, Texas 1-j320·0610
ORIGINAL INVOICE
CUSTOMER NUMBER
119124Payable In Dallas County, Dallas, Texas
DA l'E SHIPPED PURCHASEORDERNUMBER SHIP VJA INVQJCENUMBER PAGENUMBER
ORCEREOBY ROBERT BARNWELL FOR CREDIT INQUIRIE" PLEA'E CALL 912-528-4621SALfSJD PAYMENT TERMS
ss 12131/00 NET 30 134030031 1of 1PC02500000689
SOLD TO SHIP TO
FORT BEND COUNTY PURCHASING
ATTN' JUANITA
301 JACKSON
RICHMOND TX 77469
FORT BEND COUNTY PURCHASING
ATTN' ACCOUNTS PAYABLE
301 JACKSON
RICHMOND TX 77469
12
12
211993892001
$1,69991$5303
$1.699.91$106.06
22
TOSH 5301 P3 650 128/10
TARG UNIV NOTEBOOK CASE
WIth the exception of CompUSA computers, CompUSA makes no Year 2000 representations or warranties With respect to any prOduct or service sold or providedby CompUSA CompUSA disclaims all warranties, express or implied, WIth respect to the Year 2000 including ImplIed W8rrantfeS of merchantabtl'tv and fitness for aparticular purpose To the extent available CornpUSA will upass through" manufacturer's warranties relating to Year 2000 compliance and Will, at a customer's request,attempt to obtam verification of a manufacturer's Year 2000 compliance, but Will not be liable for any Year 2000 compliance liabilities
$1.80603
$1,806 OJ
COMP -•..-..-......... -=--&:'~---PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
ROBERT BARNWELL FOR CREOIT INQUIRIES, PLEASE CALL 972-528-4621DATE SHIPPED PAYMENT TERMS
55 12131f00 NET 30 734030212PC02500000689 1 of 1
SHrp TO
FORT BEND COUNTY PURCHASING
ATTN: JUANITA
301 JACKSON
RICHMOND TX 77469
FORT BEND COUNTY PURCHASING
ATTN: ACCOUNTS PAYABLE
301 JACKSON
RICHMOND TX 77489
1 ($106.06)TARG UNIV NOTEBOOK CASE $53.03-2 892001-2
With the exception of CompUSA computers, CompUSA makes no Year 2000 representations or warranties With respect to any product or service sold or providedby CompUSA CompUSA disclaims all warranties, express or Implied, With respect to the Year 2000 including Implied warranties of merchantability and fitness for aparticular purpose To the extent available CompUSA Will~passthrough~ manufacturer's warranties relating to Year 2000 compliance and Will, at a customer's request,attempt to obtam venflcataon of a manufacturer's Year 2000 compliance. but Will not be liable for any Year 2000 compliance lIabllitaes
($10608)
($10608)
COMP--~ .."----=-~~---- PLEASE RETURN THIS PORnON WITH YOUR PAYMENT
PAYMENT TERMS PURCHASEORDERNUMBER SHIPVIA INVOiCe NUMBER PAGENUMBER
ORDERED BY ROBERT BARNWELL FOR CREDIT INQUIRIES, PLEASE CALL 972-528-4621DATE SHIPPEDSALES 10
734030213 1of 112/31100 NET 30ss PC02500000683
SOLO TO SHIP TO
FORT BEND COUNTY PURCHASING
ATTN JUANITA
301 JACKSON
RICHMOND TX 77469
FORT BEND COUNTY PURCHASING
ATTN ACCOUNTS PAYABLE
301 JACKSON
RICHMOND TX 77469
1 266836 $160.00TARG TOPlOAD UNIVERSAL AIR $80.002 2
With the exceptton of CompUSA computers, CompUSA makes no Year 2000 representations or warranties With respect to any product or servIce sold or providedby CompUSA CompUSA disclaims all warranties, express or Implied, With respect to the Year 2000 including Implied warranties of merchantabllltv and fftness for aparticular purpose To the extent available CompUSA WIll~passthroughH manufacturer's warranties relatmg to Year 2000 compliance and will, at a customer's request,attempt to obtain verification of a manufacturer's Year 2000 compliance. but Will not be liable for any Year 2000 compliance liabilities
With the exception of CompUSA computers, CompUSA makes no Year 2000 representations or warranties With respect to any product or service sold or providedby CompUSA CompUSA disclaims all warranties, expres.s or Implied, With respect to the Year 2.QQQ Includmg Implied warrantIes of merchantability and fitness for apartIcular purpose To the extent available CompUSA WIll "pass throughU manufacturer's warranties relating to Year 2000 compliance and Will, at a customer's request,attempt to obtam \lenflcatlOn of a manufacturer's Year 2000 compliance, but Will not be liable for any Year 2000 compliance liabilities
$1,699.97
COMP--~_·-----==-=:r~--- .PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
ORDER NUMBER CUSTOMER NUMBER
119724INVOICE NUMBER INVOICE TOTAL
734030104 $1,699.97
COMPUSAP.O. BOX 200670DALLAS, TX. 75320-0670
05-15-2001 All 34
IN THE MAnER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTYFOR THE YEAR 2001
On thiS the 22ND day of MAY ,2001, the Commissioners' Court with the following members being present
James Adolphus
Tom Stavinoha
Grady Prestage
Andy Meyers
James Patterson
County judge
Commissioner Precinct #1
Commissioner Precinct #2
Commissioner Precinct #3Commissioner Precinct #4
The following proceedings were had. to-wnt,
THAT WHEREAS, theretofore, on October 3. 2000, the Court heard and approved the budget for the year 2001 forFort Bend County, and
WHEREAS, on proper application, the CommissIoners' Court has transferred an eXisting budget surplus to a budgetof a similar kind and fund The transfer does not Increase the total of the budget
The following transfers to said budget are hereby authOrized
Department Name COUNTY CLERK 002TRANSFER TO
llNE-ITEM NAME NUMBER AMOUNT
CAPITALIZED PROPERTY & EQUIPMENT 1011 $1,295.00
$1,295.00TOTAL TRANSFERRED TO ~$ .:..::==:...:...:;.:;. __
TRANSFER FROM
CONTINGENCY $1,295.00010-045-4010(IN 2001 BUDGET)
$1,295.00TOTAL TRANSFERRED FROM ~$,--- ===:..:.;= __EXPLANATION DUE TO AUDITORS NON-ROLLOVER PO POLICY
NEED TO PAY FOR COPIER PlffiCHASJill T,AST YEAR.
Date ==-....:...:...-=='--- _MAY 7, 2001Department HeadDIANNE WILSON
FORM801
"-1' "~./ :';-(vlrl 1'~L'08
IN THE MAnER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY &~FOR THE YEAR 200;1 1"
On thISthe day of ' 2000, the CommlSSlOOElfS'Court, WIth the foilOMng members being present _
THAT WHEREAS, theretofore, on October 12, 1999, the Court heard and approved the budget for the year 2000 forFort Bend County, and
WHEREAS, on proper application, the Commissioners' Court has transferred an eXIsting budget surplus to a budgetof a similar kind and fund The transfer does not Increase the total of the budget
The following transfers to said budget are hereby authOrized
Department Name T£.{t'lSIC,ZL-L Department#-!<~-=.:.... _
0/0 -DOfc - O()e;:,O - O~C)I
006TRANSFER TO:
LINE-ITEM NAME NUMBER AMOUNT
</.2 3,,1 - 5c
TOTAL TRANSFERRED TO $TRANSFER FROM: 0/ ()-01:; - ()tj -5() - L/IJIO ~ __ --.1..-=-=~~__
TOTAL TRANSFERREDFROM~$ ~~~~~ __
/j
/".-, ' kDepartment Hear ,j, .>.. ,-;1- /',~THE COU TY OF F~ 4. -.c 'fi( .BY
igmal Form Submitted with back up to County Judge's Office: Yes W
Instrucnons for submitting an Agenda Request:
1 Completel~ fIll out agenda form. mcomplete forms will not be processed2. Fax or IOter-office COPI~ of agencb. form wrtb all back up mformanon b~ ""edn~day at 2.00 p.rn to the departments
listed abo\e.3. All origmal back-up must he recened In tbe CoUllt) Judges OffJ<:e b~ 2'00 P m. on Wednesda~.
RECOID1E~1)ATION I ACTIO~ REQLL:STED:Deliberate and take action to approve transfer of $73,072.56 fromcontingency into: Capltal Assets - $68,300.00, Fee's and SerVlces -$4,500.0and Property and Equlpment - $272.56, to cover expenses incurred in 2000.(Due to Auditor's non-rollover P.O. POllCY).
L 4336 HIghway 36 I Frazer, Inc.D P 7219 RampartT Rosenberg TX 77471 T Houston TX 770810 L -.J oL -.JCUSTOMERr-.O OUR ORDER NO ACCT NO PURCHASE ORDER 1'<0 SHIPPED VI '.
S I Fe Bend County EMS I ~I Will Call--Plck up at0L 4336 Highway 36 I Frazer, IncD P 7219 RampartT Rosenberg TX 77471 T Houston TX 770810 L ~ oL -.JCUSTO\lER "'0 OURORDER;>.O ACCT NO PuRCHASE ORDER:-'O SHIPPED \IA
(FULL SYS'rEIII ~ AlJTO CAD 1lE',*- VERSION : I TRIIID ON SEVERAL llCASSIONS 1'0 COlITACT
SOl"l'IIARE BOUSE IIITERIlATIONAL (1IDIIllIRI FOR THIS SOlTllARE 1'0 110 AVAIL. I !lADE IlEllTION
OF 'l'BIS 1'0 THE COIIIIT'l AODI'I.'OR (IIR. lID STORDIVAIITI EAllLIER 'l'BIS YEAR ABOUT THE l'RIJBLOIS.
• Date O;.U,}-4O<-lfJlf-----ROUND OOLLABS ONLY
FORM BOl
I Paulette Batts - Software House International Page 1 I
From'To:Date:Subject.
Ed SturdIvantBatts, Paulette5/1 5/01 1 0 OOAMSoftware House InternatIonal
Paulette,
This would need to be done as a line-Item transfer through eet Jim will be able to recommend whetherIt comes from contingency or elsewhere My guess ISthat It will be from contingency Along with thereasons you listed, you will also need to state that purchase order roll-overs were eliminated by theAuditor It should go through WIthout a problem I'll be there to answer quesllons about the elimination ofPO roll-overs
1. Completely fill out agenda form, IDcomplete form. will not be processed.2. Fax or inter-office copies of agenda form witb all back up information by Wednesday at 2:00 p.m. to tbe departments
listed above.3. All original back-up must be received in tbe County Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION f ACTION REQUESTED:
FORM 801
IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTYFOR THE YEAR 2001
On this the 22nd day of __ =:<-__ '2001, the Commissioners' Court, with the following members bemg presentMay
James Adolphus
Tom Stavinoha
Grady Prestage
Andy Meyers
James Patterson
County Judge
CommiSSioner Precinct #1
Commissioner Precinct #2
Commissioner Precinct #3
Commissioner Precinct #4
The following proceedings were had, to-Writ,
THAT WHEREAS, theretofore, on October 3,2000, the Court heard and approved the bUdget for the year 2001 forFort Bend County, and
WHEREAS, on proper application, the Commissioners' Court has transferred an eXisting bUdget surplus to a budgetof a similar kind and fund The transfer does not Increase the total of the budget
The following transfers to said budget are hereby authorized
Department Name Indigent Health Care Department #__ "'-:~'--- _044
TRANSFER TO
L1NE~TEM NAME NUMBER AMOUNT
Temporary - Part Time 0201 $5,910
TOTAL TRANSFERRED TO $----------'-~-$5,910TRANSFER FROM
Salanes 200 $5,910
TOTAL TRANSFERREDFROM~$ ~~~$5,910
EXPLANATION Funds for the part-time secretary WhiCh was approved last fall are now
depleted This POSition is stili necessary, and there IS available money In salanes
The Honorable Commissioner's CourtSecretarial PositionMay 10,2001
\~~~r--'-~f)~1~AY 1 02001 \
ir;ll -, -- --.,.
Gentlemen as you will recall I requested a full time secretarial position in mc. Thedepartment has never had a full time secretary. As indicated previously, this hascreated some organizational difficulties. I trust that you will understand thedilemma. Today, I was informed by the auditor's office that the compromisesolution initiated by Commissioner Patterson of funding the position on a part timebasis for four months has expired. In short, there are no funds in the part timesalary line item in me. I trust that we can address this issue at the next meetmg ofCommissioner's Court. Therefore, I am respectfully requesting a transfer offundsto cover secretarial needs in me.
James EdwardsAndy Meyers, James Patterson, James Prestage, Jim Adolphus, Tom Stavinoha5/11/01 959AMSecretary In IHC
Last year, we granted addrtlonal part-time money to IHC for a secretary This money IS now gone LindaJacks transferred Into IHe to fill the need, but IS now on maternrty leave Can we give them more moneyuntil she returns?If so, 1will ask Dr Mills to request by line Item transfer to move $4,500 plus benefits of $880 for a total of$5380 for an additional 15 weeks
cc: Denms McMahon, Ed Sturdivant, Gilbert Jalomo, J C Whrtten
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORi\'!
RETURN TO: AGENDA COO RD.-COUNTY JUDGE'S OffiCE
DATE SUBMITTED: ~
COURT AGENDA DATE: May 22, 2001
SUBMlTIED BY: Jane PowellDEP ARTMENT: ~L",1.,"·b"'r""a"'r..l.V_PHONE NO.: 281-341-2618
AGENDAITEM
SUMMARY OF ITEM: Accept donat1.on from Tony Sherman of six bronze sculptures for FortBend County L1.braries~-by Commissioner Prestage and Library Director.
1. Completely fill out agenda form, incomplete forms will not be processed.2. Fa:< or 1.OIer-office cop."" of agenda form wnh ill ba.c.k up informanon by Wednesd.y .12:00 p.m. to Ihe deparrments
listea above.J. All ongmJl back-up must be recened m the Courrty Judges Office by 2:00 p.m. 00 \¥ednesday.
RECOMME?WATION / ACTION REQUESTED:Acceptance of g1.ft and add1.t1.onto library inventory of six bronze sculptures,
pedestals and acrylic covers--valued at $1700 eac~ for a total of $10,200.Donated by Tony Sherman.
PLEASE PLACE A TOP OF AGENDA UNDER ANNOUNCEMENrS OR WHERE APPROPRIATE.
Tony Sherman Gallery2420 Cartwright Rd.
Missouri City, Texas 77489(281) 499-9958
April 13, 2001
Ms. Jane Powell, Drrector, Fort Bend County LibranesGeorge Memorial Library100 1 Go1fvJ.ewDriveRichmond, Texas 77469-5199
Dear Ms. Powell
As an active supporter of the Missouri City Branch Library, and concerned cItizen of FortBend County, I would like to donate SIX sculptures of famous American Indians and thegeneral responsible for therr demise, to the County Library system. Although the Countymay display them as you see fit, I would like for therr permanent home to be at theMissouri City Library
Created in 1995, these sculptures have traveled the country and have been dISplayed ingovernment buIldmgs, schools. musewns and other publJc places Since I did much of myresearch in the Missoun City Library, I have also lectured there on the subject ofCowboys and Indians to children and adults alike.
The display called "Yearning for a Rebrrth" IS valued at $1.700 each, inclusive of thepedestal, and acrylJc cover The figures mclude General WIllJam T Sherman(ResponSible for the anruhIlatlon of the Indian culture), Chief Red Cloud, ChIefGerorumo; ChIef Slttmg Bull, ChIef Satank (Slttmg Bear), and ChIef Satanta (WhIteBear)
My desrre m donatmg these sculptures IS to make thIs display available on a permanentbasIS for the reSidents of our County to gam knowledge and understandmg of our past Ifyou accept thIs display as a gift, valued at $10,200, thIS letter will serve as yourauthonzatlOn to expect rrnmedlately delJvery
Tony Sherman, SculptorTony Sherman Gallery
CC CommISSIOner Grady Prestage
FEe PURCHASING DEPT. Fax '281-341-8642 May 16 '01 12:33 P.Ol31
COUNTY PURCHASING AGENTFort Bend County. Texas
Gilben D Jalonlo. Jt" CPPBCo"n(y Pw-<b~$lDgAgel\t
(281) :Hl-U4QFax (2g1) 341-&645
TO Office ofthe County JudgeFort Bend County, r¢?Cas
SUBJECT ABenda items Commissioners Coun May 22, 2001
COnK'll A:en4a ItWS:
Consider renewing the following term contracts
a Office supphes - #99-049,b Pavementmarking. #00-051
Rgular Aatllda Items:
) ConSIder taking actIon on Bid #() 1-045 • 1 ton truck (Bids open Monday, May 21"' @ !:30 pm)
2 Consider accepting pnce increase from Impressive Printmg pursuant to Bid #99-055 Ptlttlil1g ofstationary
re WIth Mver only
Commj;qljonG[ SmvinohaCornJmssiOJlG" ~
Commhutooer~Commissi.on.a Paw:non
Dl"""" Wll_Ed. Smrw:vanthmE<lWlri>BudCbildas
Man; Gnlnt·Rood and BndgeBollthc Matey • E1<lcnmOn
4520 Readmll Rd ,SUIte A • Rosenberg. TX 77471
FBC PURCHASING DEPT. Fax 281-341-8642 May 21 '01 14 36
County Purchasing AgentFort Bend CO'IITlty,Texas
GIlbert D. JaJomo, Jr., CPPB
DebbIe Kammskr, CPPBAsslstantPurchasmg Agent
Phone. (281) 341-8643.Fax: (281) 341-8645
FAX
DATE: May 21,2001
TO: County Judge AdolphusCommissioner StaVInohaCommissioner PrestageCommissioners MeyersCommissioners PattersonBud ChildersDianne WilsonEd Stun:hvantJim Edwards
FROM: Debbie Kaminsla, CPPBAssistant County Purchasing Agent
PAGES: 4 including cover
MESSAGE: Attached is adchtional agenda backup for Purchasing If you have anyquestions please call
p 01
FEe PURCHASING DEPT. Fax 281-341-8642 L ,)(
Tabulation (!!Purchase of new :Z001One Ton Crew Cab Pickup Truck ~
Commissioners Court approvalLegal notice run in newspaperIndIVIdual notices mailedBId packets picked up or mailedBid open date'Bids received
May 1"May 3"' and 10"47&May 21"4
529,000.00
FEC PURCHASING DEPT, Fax:281-341-8642 May 16 '01 12'34 P.053lB
3727 Greenbriar, SUite 103 • Stafford, Texas 77477E-mail 105615,1272@compuservecom
281/491.1892 • Fax 281/491-2409
Date: May 7, 2001
To. Debbie KamInskiFt. ~end County Purchasing 281·341,8640
Bob BilslaLT.Pressive Printing 281-49H892
Fax 281-341-8642
From:Fax'281-491-2~09
TIus letter is a request for a pnce increase for busmess card shells to $4 84 lor 500 shells.Paper pnce mcrea6eS have forced us to ask for thiS request.
Your consideration is appreciated
If there are any questIons or additional infonnatlon ISneeded, please do not hesitate to call
Smcerely,
Bob Bilski
.,
FBC PURCHASING DEPT. Fax '281-341-8642 May 16 '01 12'34 P.06
Dear Debbie.S & C Conetru~tioll Co., Ine. agrees to change the unit price on concretepaVing fro~ '9.00 SF to .7.60 SF.
Item 1. Concrete PavingTraffit Conl:fol
6440 Sq. Ft. @ $7.60-Lump Sum2.
ADJUStED BID PRICE
$48,944.003,500.00
$52,4(,4.00
The concrete paving item is baing reduced because Fort Bend county isABr •• 1ng to provide trucking 6 disposal of all excavation and prOVide~ll erUQ~66~ofte~a~~~.ae.
Please ~al1 if you have any questions.Sincerely.
:i4J:~V1~e Preaid"nt
FORT BEND COUNTYCOMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE
DATE SUBMITTED 05/16/01 SUBMITTED BY. County AttorneyDEPARTMENT: SheTlfrs OfficePHONE NO. 4556
Deltberate and take actIOn on Agreement between Fort Bend County and Cmco Ranch for one addItional deputyto provIde addItional law enforcement m Cmco Ranch SubdIvIsIon
I Completely fill out agenda form, mcomplete forms will not be processed.2. Fax or mter-office copies of agenda form with all back up mformahon by Wednesday at 2'00 p m to the departments
lIsted above.3 All ongmal back-up must be receIVedm the County Judges Office by 2.00 p.m. on Wednesday
RECOMMENDATION I ACTION REQUESTED:
5-~-O\
---~~ -
THE STATE OF TEXAS §§§
KNOW ALL MEN BY THESE PRESENTSCOUNTY OF FORT BEND
AGREEMENT FOR ADDITIONAL LAW ENFORCEMENT SERVICESBETWEEN FORT BEND COUNTY AND
CINCO RESIDENTIAL PROPERTY ASSOCIATION
This Agreement IS made and entered mto by and between Fort Bend County, Texas, a bodycorporate and politic actmg herem by and through ItS CommlsslOners' Court ("County"), andCmco Resldenlial ASsoclatlOn (Association")
WITNESSETH:
WHEREAS, the County and the AssociatlOn entered mto an agreement effeclive on January I,200 I whereby the County would proVide four (4) depulies to provide addltlOnallaw enforcementservices to a certain area In Fort Bend County, Texas, generally referred to as the CinCORanchSubdlVlslOn, as authonzed by SectlOn 351 061, Texas Local Government Code, and,
WHEREAS, the ASsoclatlOn desires to contract With the County for one (1) additiOnal deputy toproVide addllional law enforcement services to the certam area m Fort Bend County, Texas,generally referred to as the Cmco Ranch SubdiViSion, and,
WHEREAS, the AssoclatlOn agrees to pay the County an amount equal to nmety-five percent(95%) of the total full-lime eqUivalent cost to the County of supplymg Said addltlOnal lawenforcement services, mcludmg salarIes and any and all additiOnal expenses the County maymcur m provldmg said addllionallaw enforcement services to the AssoclatlOn,
WHEREAS, the Fort Bend County Shenff ("Law Enforcement OffiCial") has law enforcementauthonty m the CinCORanch geographical area,
WHEREAS, the County and the Law Enforcement OffiCial deSire to proVide said addllional lawenforcement services, and
WHEREAS, the County and the Law Enforcement OffiCial hereby agree to prOVide SaidaddillOnallaw enforcement services
NOW THEREFORE, m conslderatlOn of the mutual promises and representalions heremcontamed, the parties hereby agree as follows
ARTICLE tDEFINITIONS
A For the purpose of thiS Agreement, the followmg terms shall meanArea That area herem referred to generally as the "Cmco Ranch SubdIVISion", more particularlydescnbed m plat records of Fort Bend County, Texas
Agreement For AdditIOnal Law Enforcement ServicesPage - 1
I Extra Deputy Means the addItIOnal deputy (whether one or more) provIded bythe County to the AssociatIOn to provide the additIOnal law enforcement servicescontemplated and provided for m this Agreement
2 Workmg Time Means the usual or normal hours that an Extra Deputy ISreqUlredto work m any calendar month and does not mclude any extra or overtime work asprovided m the Fort Bend County Personnel Manuala Workmg time mcludes but ISnot limited to, the hme an Extra Deputy ISon
duty wlthm the Area, the time the Extra Deputy spends m trammg, thetime the Extra Deputy IS m court m connectIOn With cases arlsmg out ofevents occumng wlthm the Area, the time the Extra Deputy spendspreparmg reports and documents pertammg to events occurnng m theArea, the time the Extra Deputy spends m makmg preparatIOns to proVIdelaw enforcement m the Area, the time the Extra Deputy spendstransportmg persons arrested m the Area to pll, the time the Extra Deputyspends mvestlgatmg cnmes or pOSSible cnmes commItted m the Area,mnety-five percent (95%) of the time the Extra Deputy IS on vacatIOnleave, mnety-five percent (95%) of the time the Extra Deputy IS on SIckleave and mnety-five percent (95%) of the time the Extra Deputy receivesworkers' compensatIOn benefits
b The phrase "Workmg TIme" IS all encompassmg of any and all lawenforcement actIVIties related to the Area and IS not limited to the list setforth m Article (1)(3)(a)
ARTICLE II.PURPOSE
A The purpose of thiS Agreement IS for the County to authonze (but not reqUlre) the LawEnforcement OffiCial to prOVide additIOnal law enforcement personnel to the deSignatedArea under the terms and conditIOns herem contamed
ARTICLE III.TERM
A The term of thiS Agreement shall be for a seven (7) month penod commencmg on June I,200 I at 12 01 a m and expmng on December 31, 200 I at 12 00 am, unless soonertermmated pursuant to the terms herem contamed
B It IS expressly understood and agreed to by the parties that the penod or term of thiSAgreement may be termmated Without cause at any time by either party glVlng to theother party at least thirty (30) days advance wntten notIce of ItS mtent to termmate.speclfymg m the notice the effective date of the termmatIOn
C It ISexpressly understood and agreed to by the parties that, notwithstandmg the ability ofeither party to termmate thiS Agreement upon thirty (30) days wntten notice, thiSAgreement may be termmated, With or Without notice by County to ASSOCiation,at anytime after the ASSOCiatIOnhas defaulted m the payment of any obligatIOn hereunder
Agreement For AdditIOnal Law Enforcement ServicesPage - 2
D It ISexpressly understood and agreed to by the parties that If the AssociatIOn shall at anytime be m default of any obligatIOn hereunder, the ASSOCiatIOnshall be liable to theCounty for any and all expenses mcurred by the County as a result of such default,mc1udmg, but not limited to, attorney's fees, costs of court and mterest at the rate of onepercent (I %) Simple mterest per month, on all past due amounts
E The amount of expenses mcurred and mterest accrued, If any, shall be deemed to be madditIOn to any money due for law enforcement servIces rendered hereunder
F If the term of thiS Agreement IStermmated at any time other than at the end of a contractmonth, the monthly mstallment payment for such month shall be prorated
G The ASSOCIatIOnshall have the optIOn to renew thiS Agreement, upon the terms andconditions mutually agreed to m wntmg by both partIes, by glvmg the County notice ofItS electIOn not later than thirty (30) days pnor to the expiratIOn of the mltlal term
ARTICLE IV.EXTRA DEPUTY
A The County, by and through the Law Enforcement OffiCIal's Office, agrees to proVide theASSOCiatIOnone (I) Extra Deputy(les), to devote mnety-five percent (95%) of hIs/herWorkmg Time to the AreaI The Extra Deputy shall perform hlslher duties under thIS Agreement m a good and
workmanlike manner and m full compliance wIth the appropnate Fort BendCounty poliCies and the poliCies and procedures of the Law EnforcementOffiCial's Office
B The Law Enforcement OffiCial, or h1S representatlve, shall endeavor to not1fy theASSOCiatIOnas soon as pOSSIblewhen an Extra Deputy ISon Sick leave
C The Extra Deputy shall perform h1s/her duties under th1SAgreement m the same manneras If the Extra Deputy were performmg the dut1es m the absence of an Agreement.
D The Extra Deputy shall submIt wntten copIes of any felony offense reports andsubsequent copIes ofmvestigative reports to the Fort Bend County Shenffs DepartmentI In the event the Area ISwlthm the mcorporated limIts of a muniCipality, the Extra
Deputy shall also submit wntten copies of any felony offense reports andsubsequent copies of mvestlgatlve reports to the mumclpal police department thatserves the Area
E The Extra Deputy performmg the duties hereunder shall promptly notify the Fort BendCounty Shenffs Department of the receipt and response to a complamt constltutmg afelony offense and on request shall secure and preserve the scene of the offense for areasonable time untIl the amval of a representative of the Fort Bend County ShenffsDepartment
Agreement For AdditIonal Law Enforcement ServicesPage - 3
ARTICLE V.AUTHORITY AND COUNTY'S PEROGATIVE TO APPOINT EXTRA DEPUTY
A It is expressly understood and agreed to by the partIes that the Extra Deputy, If any, shallbe subject to the control and supervIsIOn of the Law Enforcement OfficIal to the sameextent as the Law Enforcement Official's other deputIes, and that the Extra Deputy, Ifany, shall have no duty or oblIgatIon to the ASSOCiatIOnor the resIdents of the Area otherthan those duties and oblIgatIOns that the Law Enforcement Official's deputIes have tothe pubhc generally
B The Law Enforcement Official hereby expressly retams fulI and complete authOrIty tosupervIse the Extra Deputy and, m an emergency, determmed solely at the LawEnforcement OfficIal's dIscretIOn, may assign any Extra Deputy to dutIes other thanthose to be performed pursuant to thISAgreement
C It ISexpressly understood and agreed to by the parties that this Agreement ISnot mtended(nor shall 1l be construed) to obhgate the County and/or the Law Enforcement OffiCial many manner, whatsoever, to assign the Extra Deputy to devote any portIOn of his/herWorking Time to the AreaI It ISexpressly understood and agreed to by the parties that
a In the event the Law Enforcement OffiCial does not assIgn the ExtraDeputy to devote substantlalIy nmety-five percent (95%) of his/herWorkmg TIme to the Area,
b In the event the Extra Deputy IS removed from the Area by the LawEnforcement OffiCIal, and/or
c If for some other reason the Extra Deputy does not devote substantiallynmety-five (95%) ofhlslher Workmg TIme to the Area for the term of thisAgreement,
then and m that event, Fort Bend County shall have no lIabIlIty whatsoever to theASSOCiatIOnand/or the resIdent's of the Area, other than to pay the ASSOCiatIon anapproprIate refund, If any be due, as provIded for herem
ARTICLE VI.COUNTY EMPLOYEES
A The Extra Deputy performmg dutIes under thIS Agreement shall at all tImes remam acounty employee subject to the same rIghts and responsIbilItIes as the Law EnforcementOfficIal's other deputIes
B The County agrees that the Extra Deputy shall perform the services descrIbed herem m agood and workmanlIke manner and m accordance with hlslher law enforcementknowledge and securIty procedures, proVIded, however, that, whtle Fort Bend Countyshall be responsIble for the acts and omiSSIOnsof ItS employees, such responsIbIlIty shallbe subject to the terms, proVISIOnsand lImitatIOns of the ConstItutIon and of the laws ofthe State of Texas and, partIcularly, TEX CIV PRAC & REM §101 001, et seq, theTexas Tort Claims Act
Agreement For AdditIOnal Law Enforcement ServicesPage - 4
C The County retams sole and mdependent authonty regardmg the hmng, dlsclplme, andtemllnatlOn of the Extra Deputy
D The County retams sole and exclusIve ownershIp of any and all umforms, vehIcles,eqUipment, and/or any other personal property, regardless of whether purchased by theCounty, AssociatIOn or Law Enforcement OffiCial, for use or m possessIOn of the ExtraDeputy m performance of thISAgreementI In the event that the AssociatIOn purchases and/or provIdes any umform(s),
vehICle(s), eqUipment and/or other personal property to be used by the ExtraDeputy, the AssocIatIOn hereby, permanently and lITevocably, expressly donatessmd umform(s), vehlcle(s), eqUipment and/or other personal property to theCounty
ARTICLE VII.INCREASES
A The AssocIatIOn agrees to pay any and all mcreases m the Extra Deputy's salary,allowances, benefits, etc that may occur dunng the term of thiS Agreement, mcludmg,but not hmlted toI Social SecurIty,2 MedIcare,3 RetIrement,4 Workers CompensatIOn/unemployment,5 Health and LIfe Insurance,6 ShIft dIfferential pay,7 Hazardous duty pay,8 CertIficatIOn pay,9 Death and DIsmemberment Insurance, and/or
B Salary Upon thIrty (30) days notice by the County to the AssociatIOn of any suchmcreases and/or additional expenses (whether mcluded on ExhIbit "A" or not), theASsoclatlOn shall pay smd mcreased salary, allowances, benefits, additional expenses etc ,m accordance With the provIsIons contamed herem
ARTICLE VIII.PAYMENT BY ASSOCIATION
A All payments to Fort Bend County shall be remitted to the Office of the CountyTreasurer, 301 Jackson Street, 5th Floor, Richmond, Texas 77469, AttentIOn TheHonorable Kathy Hynson
B The AssocIatIOn agrees to pay Fort Bend County the sum of TWENTY-SIXTHOUSAND NINE HUNDRED NINE AND 88/100 DOLLARS ($26,909.88) for 7months begmnmg June 1,2001 for one (1) Extra Deputy(les) to be used by Fort BendCounty for the purpose of paymg mnety-five percent (95%) of the full-time eqUivalentcost to the County for supplymg the addItIOnal law enforcement servIces, mcludmg a
Agreement For Additional Law Enforcement ServicesPage - 5
three percent (3%) admmlstratlve fee, salary and any and all presently known additIOnalexpenses the County currently plans to mcur m provldmg such addItional lawenforcement services, for a penod of seven (7) months begmmng June I, 2001 Seeattached Exhibit "A", Contract Deputy Cost Worksheet for all presently known expensesI The Contract Amount shall be due and payable, Without demand, m seven (7)equal monthly mstallments of $ 3,844 271 The first mstallment shall be due on June I, 20012 Each subsequent monthly mstallment shall be due and payable, Without demand,
on or before the I st day of each month, before 10 00 a m CST, durmg the termof thiS Agreement
B The ASSOCiatIOnhereby expressly agrees to pay for nmety-five percent (95%) of any andall expenses mcurred by the County for provldmg the services hereunder, regardless ofwhether said expenses are set forth m Exhibit A, mcludmg but not hmlted to, ExtraDeputy uniforms, eqUipment, portable cellular phones, vehIcles, vehicle mamtenanceand/or vehicle appearance
C In the event that any additIOnal eqUipment, mcludmg but not hmiled to vehicles,umforms, cellular phones, radIOS, etc, IS necessary to carry out the terms of thISAgreement, the ASSOCiation,at ItS option, may purchase the eqUipment and donate It tothe County or the ASSOCiatIOnmay proVide the County, In advance, WIth the funds andhave the County purchase the eqUipmentI In the event that the ASSOCiatIOnpurchases the eqUipment and donates It to the
County, the eqUipment must meet the County's standards and be approved by theLaw Enforcement OffiCial before beIng used by the Extra Deputy
2 In the event that the ASSOCiatIOndesues to prOVide the County With the funds Inadvance, to purchase the eqUipment, all County procedures must be followed
3 Regardless of which optIOn the ASSOCiatIOnchooses, the eqUIpment shall foreverbecome and remam the sole property of the County and shall remaIn the soleproperty of the County, even upon termmatlon, for any reason, of thIS Agreement
D If any Installment IS for a fraction of a contract month, the amount of such Installmentshall be appropnately prorated
E It IS expressly understood and agreed to by the parties that If a payment due under theterms of thiS Agreement ISnot received by County WithIn thirty (30) days of the due date,the County ISauthonzed to termmate thiS Agreement Wlthout further notlceI Failure of County to make demand for payments due shall not be a waiver of
ASSOCiatIOn'soblIgatIOns to make timely payments
ARTICLE IX.REFUND
A In the event that the Extra Deputy does not devote substantially mnety-five percent (95%)of his/her Workmg Time to the Area dunng the term of thiS Agreement, then theASSOCiatIOnIS obhgated to pay the County only a proportIOnate amount of the ContractAmount.
Agreement For AdditIOnal Law Enforcement ServIcesPage - 6
B In the event the amount paid by the AssocIatIOn to the County exceeds said proportIOnateamount, the AssociatIOn shall be entJtled to a refund from the County of any excessamount so paid1 This proportIOnate amount IS calculated by dlvldmg the Contract Amount by the
number of Extra Deputies agreed to m Article IV(A) to deterrmne the rate perExtra Deputy, then determmmg for each of the Extra DeputIes the fractIOn of theterm (or penod of this Agreement) that such Extra Deputy devoted substantiallymnety-five percent (95%) of hlslher Workmg Time to the Area. then calculatmgthe appropnate amount for each of the Extra DeputIes by applymg his/her fractIOnto the above-mentIOned rate per Extra Deputy, then takmg the sum of theappropnate amounts. said sum bemg the proportIOnate amount
C Any and all questIOns as to1 Whether the Extra Deputy devoted substantially mnety-five percent (95%) of
hlslher Working Time to the Area,2 Whether any refund ISdue, and/or3 The amount of any refund due,shall be determmed by the Fort Bend County AudItor and his/her determmatlOn shall befinal, conclusive and bmdmg on the partIes
ARTICLE X.ASSIGNMENTS
A ThiS Agreement ISnot aSSignable
ARTICLE XI.INDEMNITY AND HOLD HARMLESS
A. THE ASSOCIATION AGREES FOR ITSELF, ITS HEIRS, ASSIGNS, AND LEGALREPRESENTATIVES TO INDEMNIFY THE COUNTY AND TO RELEASE AND HOLDHARMLESS FORT BEND COUNTY, TEXAS AND ALL OF ITS ELECTED ANDAPPOINTED OFFICIALS, STAFF, EMPLOYEES AND SERVANTS FOR ANY ANDALL LOSSES, CLAIMS, DAMAGES, ATTORNEY'S FEES, COSTS, AND/ORINJURIES, INCLUDING DEATH, THAT THE ASSOCIATION, ITS HEIRS, ASSIGNS,AND LEGAL REPRESENTATIVES MAY SUSTAIN AND WHICH MAY ARISE,DIRECTLY OR INDIRECTLY OUT OF THE COUNTY'S, LAW ENFORCEMENTOFFICIAL'S AND/OR EXTRA DEPUTY'S PERFORMANCE PURSUANT TO THISAGREEMENT.
ARTICLE XII.SEVERABILITY
A The proVISIOns of thiS Agreement are severable, and If any word. phrase, clause.sentence, paragraph, section or other part of thiS Agreement or the appIJcatlOn thereof. toany person or Circumstance, shall ever be held by any court or regulatory authonty ofcompetent JunsdlctlOn, to be mvaIJd, J!legal or unconstItutIOnal for any reason, theremamder of this Agreement shall not be affected thereby, unless, m the sole opmlOn ofthe County, the purposes of thIS Agreement have been rendered useless
Agreement For AdditIOnal Law Enforcement ServicesPage - 7
ARTICLE XIII.ENTIRE AGREEMENT; REQUIREMENT OF A WRITING
A It IS understood and agreed to by the parties that the entIre Agreement of the partIes IScontained herein and In the attached Exhibit "A" and that thiS Agreement supersedes allprior communicatIOns and negotiatIOns between the parties, oral or wrItten, relating to thesubject matter hereof as well as any prevIOus Agreements presently In effect between theparties relating to the subject matter hereof
B Any modlficatlOns, alteratIOns, amendments, deletIons, or WaIvers of the provIsIons ofthIS Agreement shall be vahd only when expressed m writing and duly SIgned by thepartIes
ARTICLE XIV.NOTICE
A Any notIce reqUired or permitted under thiS Agreement shall be sent, postage prepaid,certIfied or regIstered mall, or dehvered m person or by faCSImIle, WIth verificatIOn, asfollowsTo the County Fort Bend County Judge
James C Adolphus30 I Jackson, SUite 719RIchmond, Texas 77469
To the ASSOCIatIon CinCORanch ReSIdentIal Property ASSOCIatIOnPOBox 219223Houston, Texas 77218
B EIther party may deSIgnate a dIfferent address by glvmg at least ten (l0) days WrIttennotIce to the other party In the manner proVIded above
ARTICLE XV.THIRD PARTY APPROVAL MAYBE REQUIRED
A In the event that the Area hes withm the corporate hmits of any mcorporated city. It ISunderstood and agreed to by the partIes that pursuant to SectIOn 351 067, Texas LocalGovernment Code, thIS Agreement ISsubject to the approval (or the faIlure to dIsapprove)of the governing body of the Incorporated cIty ("CIty") wlthm which corporate hmlts theArea lIes
B Such approval (or faIlure to dIsapprove) must occur by the 30th day after the date thISAgreement ISreceIved by the CIty
C. It IS further understood and agreed to by the parties that, upon thirty (30) days writtennotIce from the CIty to the County, thIS approval may be WIthdrawn and, thereby, thISAgreement terminated
Agreement For AdditIOnal Law Enforcement ServicesPage - 8
ARTICLE XVI.EXECUTION
IN WITNESS WHEREOF, the partIes put theIr hands to thIs Agreement on the dates mdlcatedbelow, but effective June I, 200 I
FORT BEND COUNTY:
, . Adolphus, County Judge. ,.
.;>;iTES~• DIanne Wilson, County Clerk..
' ."
" ·9~LPROPERTYASS;/:ZDate
DSH IJcmco ranch additIon 20013042050401
Agreement For AddItional Law Enforcement ServicesPage· 9
CINCO RANCHCOST SHEET FOR ADDITIONAL DEPUTY BEGINNING
JUNE 1,2001 AND ENDING ON DECEMBER 31,2001
I Deputy (Grade 7, Step 3)(mcludes deCISIOn by Comm Court for 3% Increase)
Total Salary & Fringes B.-WeeklyTotal Salary & Fringes for period beginningJune 1, 2001 and ending on December 31, 2001
UmformsOIl, Gas & Mamtenance
Total for uniforms/vehicle maintenance
TOTAL COST
95% of Total Cost3% Admlmstratlve Cost
$26,12609$ 78379
Total Contract Amountthrough December 31, 2001 $26,909.88
7 Monthly Payments @ $3,844.27 per month
dsh IJ cmcoranch additIonal deputy 2001 3042050401
$1,16232
$ 7500$ 8718$1,32450$ 101 32$ 13894$ 17241$ II 26
$1,748.43
$26,576.14
$ 10000$ 82500
$ 925.00
$27,501.44
Order AuthOrIZing ExecutIOn of Agreement For Additional Law Enforcement ServicesSolo Page
THE STATE OF TEXAS
COUNTY OF FORT BEND
§§§
KNOW ALL MEN BY THESE PRESENTS
AGREEMENT FOR ADDITIONAL LAW ENFORCEMENT SERVICESBETWEEN FORT BEND COUNTY AND
CINCO RANCH RESIDENTIAL PROPERTY ASSOCIATION
On this the d"d"D day of ~ , 200L the CommIssIoners Courtsitting as the gOVernft\0dY of Fort Bend tounty, Texas, at a regular~ upon motIOn ofCommiSSIOner \\~l\O)' seconded by CommISSIOner ~1:1'!yJ ,duly put and carned,
The County Judge IS authonzed to execute an Agreement for AdditIOnal Law EnforcementServices between Fort Bend County and CinCORanch ReSidential ASSOCiatIOn.Inc for one (I)Extra Deputy(les) from the Fort Bend County Shenff's Office In the total amount of TWENTY-SIX THOUSAND NINE HUNDRED NINE AND 88/100 DOLLARS ($26,909.88) for seven(7) months begmnmg June 1,2001
It IS understood and agreed that, pursuant to TEX Loc GOV'T CODEANN § 351067, m theevent that the Area hes wlthm the corporate hmlts of an mcorporated City, thIs Agreement ISsubject to the approval (or the fmlure to disapprove) of the govemmg body of smd mcorporatedCity wlthm which corporate hmlts the Area hes Such approval (or fmlure to dIsapprove) mustoccur by the 30th day after the date thIS Agreement IS received by the Cny It IS furtherunderstood and agreed that, upon thirty (30) days \,;T1ttennOllce from the Cny to the County, thISapproval may be Withdrawn and, thereby, thiS Agreement termmated
Order AUlhonzmg ExecutIon of Agreement For Addllional Law Enforcement ServIcesSolo Page
FORM 801
IN THE MAnER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTYFOR THE YEAR 2001
On thIs the 22nd day of 2001 the Commissioners' Court WIth the followmg members being present--="'--May
WHEREAS, on proper applICation the CommIssIoners Court has transferred an eXIsting budget surplUS to a budgetof a slmJlar klnd and fund The transfer aOes not Increase the total of the budget
The following transfers to said buaget are hereby authorized
Department Name Social ServIces 029TRANSFER TO
L1NE4TEM NAME NUMBER AMOUNT
Property & Equipment 1010 $1 899
TOTALTRANSFERREDTO ..:$ ::...:..=-=-$1,899
TRANSFER FROM
Contingency 010-045-4040 $1899
TOTALTRANSFERREDFROM $-'----------'--'--$1,899
EXPLANATION The copy machine at the MISSOUri City office has become problematiC
for the Social Service and the Health Dept Too often the machine IS down and whenIn operation, It produces poor copies The copier IS 15 years old and In need ofreplacement
//Jim Edwards uiBudget Officer <tlIHopie SolomonDirector of SOC1 Serv1ces
TO:
DATE: May 3, 2001
SUBJECT: Replacement of copier
As per our conversat10n, the copy machine at the MissouriCity office has become problematic for the Social Serviceand Health Department. So much of our work 1nvolves thecopying of information and too often the mach1ne 1S downand when 1n operation it puts out poor copies.In checking the history of th1S cop1er, I have learned 1t1S 15 years old and has been w1thin the county system 10of these years.I have attached the paper work on a new cop1er called theMuratec that the Purchase department can get for $1,899.We have started our ~eak season and 1t is a must that wehave the cop1er work1ng.I respectfully request this cop1er be replaced as soon aspossible, for I have it upon reliable sources the chancesof it performing until next year's budget, 1S doubtful.
Bobby MillsHealth Adm~nistrator4520 Reading Rd. - Ste. ARosenberg, TX 77471
Dear Dr. M~lls,
Our immunizat~on personnel who conduct clinics at the East EndAnnex on Mondays and Wednesdays have brought it to my attentionthat they are continuosly having problems with the copy machinelocated there. We share office space w~th Social Services andI understand they are also complaining about the dysfunctionalcopier. Apparently, ~t has been serviced many times but is justwearing out.I would appreciate it if you would address th~s problem.
SinCerelyn
~-J'L/l iLfAXl 1-JJ!c)Nancy ake R.N.Nurs~n Superv1sorFort Bend CountyHealth Department
1. Completely fill Ollt agenda form, IDcomplete form. WIll not be processed.2. Fax or interaorfu..e copies of .lgcnda form With all back \\p 11lrl;trm~hO" by \Vedneulay Qt 2:00 p.m. to the dep..trlnumts
Ihled .bove.3. All orlglllol b~ek.up musl b. received io Ihe County Judges Off"e by 2:00 p.m 011Wedncsday
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MOODY'S CHANGES THE RATING OUTLOOK FOR PACIFIC GASAND ELECTRIC COMPANY AND FOR PG&E CORPORATION TONEGATIVE FROM STABLE; ALSO PLACES PG&E CORPORATION"SPRIME-1 SHORT-tERM RATING UNDER REVIEW FOR POSSIBLEDOWNGRADE
MoodY's In,,"tors ServICll " .. chBr'1\I8Cl"' •• .,In;oUlklak on Ins securc, •• al P.C~IC G ••• nd EI.oll'1\; Company(S.nlo, S..... lld 0tIll II A') iii negallV" '""" &labl. and """ ""ang.<I,"" .Illlng CIUlIOClk..., PQ&E COt'pclnl'IC,n(PG&E Coop laue, Flatltlg 1M43) '" n.lI"_ '""" Sill!>". AclcllIIon •• y '*'ody's h... pla<ad \h. stlort .... rm ",lingqI Pr/"",-I 'or P/3&E COIp's commerd., paper and .... ndfb18 .-"'ercIa/ "01 •• und .... .- 10' IlOSSIbledowngrade
Tho oullook charllle ,Bfte<:tsllle ,n"'''"ed supply nsk being " .... mad by Paclfl. G•• end 1:""""'" Com""n, due 10the unpra:e$nlal spI.... In ~"Ie prien """ng ..... pa.lltI,ee rnont~s as _I as \ho ..noenled a_ eI.kJdncdefegyllllion onCoIlllarnl.
BACKGROUND
Dunng ,nep;mlh_ rnonllle •• 1""'''' ~~ naw eKalallllllO ..nJNllalleled lev.1s dYe In """" parllO a an_II"In IlIll.DI\al e_ l1JIlIlIy c&L5ed by nigh demand, "'a""" ~I." and lna lack d ......Ia,ge oapacllyallClll10ns In CaWlornIa""c1 io tie _I, IJ ' "'81880, ",nieJI daRlgula ..... ,he eIect~e ubilly lnllusuY ,n Cal'arn,a.PlICIHcGu and Electne ComPany IS reQuired (a selllln of "" ""111111.IndlAtfng mollmos ..... rIal>le from OF.anllaclJ. InIa Iha CIlillomlll II.... , Ell,," ... (Ca'P)(' SIIon Tann Is.... ' Rall41ll ' Prillle-I I and must p..renese all01 lis 5upp1r _ ""'" "'" ealP)(. M'IlIoMII)', A8189D reqw •• I'ae;nc Ou and Eleo\Yle ConIPan~ to .... arrn_I valuetheir non'nuelNr 118l18ra'n; aa!lll\$ PedlIC Gas and ElsI01,1c:ComPan, nes .... d .Imos, all ollis /n,.'ale fOS51I-fYoledgen...."I'an and h•• 'ea_ a sll\l_nt 10trans/.r 110hydro BIlSolillo "" afI1I'll8d CClIlIp&ny1"'lJOI1llnlly,"BI890 _ ".,.fIe Ga. ,U1d EI_ CQl1'IpIlny's ..... 'at........ """ a ral. lnoel. thai .opfno. on 0'tlelo", M....... 3'. 2llO2 In ligrll d lIle ,"le cap 1".1 ""isU "-dllc Gas and elec\nc OIItIpany finds Itself payioglubslAodally mQI'Brat olClfIC suPIIIV. III mefllils nlII Durell"" ... , ,.JaIl'" 10 ...""'11 receI .... ""'" 'It Cl.lStomer."ndO' thOIr lll~n5 Nel pureh ••• on 1IV8<lIll0...,.-nl approltmal"~ *1% 0' PlldIIc Gas and E1ac:'ric Con'lpany'saupplY '8Q..".",."ls
RATIONALE
lIaclllc:G6 and Eleolnc ~ny I.rt'ICDI'dnlllheP _'" _Is ,n ••• per_ Delandng n'I ....' Is IUndedcy s/lorl-lD"" .... 1Il TM IBYBI01 sho'N.,m cfl!llllSe~ IDInc' ...... 0'" the nm ""0 ye par1lcularly I'_e, 1'".... 'emll,n "", ilia 18.. 111e,p8"'''''''''' .hl._IIU"''''.' Th_n OllI3Cl12OOO.P_ Ga. and EIOCll'ICCom""n, ha. nOlI ....... red tt. bulk of 'M pIl*1l' _ ."P"ndillns dYe 10 1hellmUlll at -.. .... " billS from tr'aCalPX sr8 due_ H_""a" dell. levels alOp8Cllld to ,ncruse maI,,"""y during I/Ie loUl1/lll"llI10' 2000, as PacIIleGas and EJaelrlc C"",psn, IOnd8 obl'llll\lon., and delll _Ie are eJll>8Ollld10 re"'"lo _..., 1o' ttl. ne'"several years UI'der ",a '11Il, .maun', InBl are nol tee_red Underlh", Dala.-g aocount by ""arch 31, ZOO2are _JecI \Q .1lIll.nllal ..... ..,.. _lOnally, P... fic 08. _ ElaClnc Com..... ~s AlqI,I801Wllh CaWIo,",. Pullllc:utU~I•• CommISSIOn,(CPUC) 10 sacu", a rfJCo'1V8"/ _anlom lor Illoetype 01 bale1'lClll; lICO/)unt was dt!n,IICI,n19W PeQlfllC:Ga. and E~ CotnDal1'1 has appealed lrIe CPUC dllCllllQ1"1
- --- )J
May-22-01 09;42A ,. 0"\
AS PER ORIGINAL
Page2of2
1lI. ouffDOlt""ange al.a ""1Cl& tn. UI\HUIacl.lllU! of ,*,ragulallClf1ln CaUlomle. Wllt"n tha par rnonl~, "'"CPUC al'd 1hI>Ieglslalllt. hol•• ,hued lleCIslons, wINch areln~,,", "'It> lh.WJ'enllmalr.",. DUI"nell unde,1\8 181lO.For ...... , IIllIh 1M df'\JC and tIlIl1"llla,-l\JI. nava op_OlI meo.sUles IlIat woukl _ enlll1lJ _ fa'cu.la ...... of $an Olaga Gas aM _~ (SOGIoEllDt --'Illy ..... ,. ... befG'ICI ",. ""<I ol .... Ir.nslllCln peri""lor Pa.;fIc Gas .,.., EI«:I<i<:a.._yll ..u~ "nd ... .asl_. ~"!he CPUC'. a"" .". "",,,,,.,,,,.'.acIlons oenlarvd ll'aU"" SocaIoE. ~. anlIapal8s thai the CPUC and Ieg .... u.re GOUICladopt .oI",Uat_tQ8C~ lot PKIIIe: G .. and Elec:lrtc: (:..mlllln,·, _1_ IInae oullic:lllntCIlII*'ItY oddI~on, ..,. nDI e""",,,l'Od 10=me on-line unUI aftllr me NTI'- of !002. In MCIIlIdy'Bopirnon, t!'e su*""mand 'm&l!"""" !llrougtloUl me_I oslIlaSiJlIIJe,_s, """~~JJ1........ lncr._ In _asale .Iadrlc prk:es IIlis summSr. AlDIlo the .....Nn.... un<:enainly _IS regalllllng lit. f'Au,. dar8llula\Bd""""'.IllI_ It\ CaNfO'nls, InelUdlng among athe, l!'l1M\lS.ttle lutu,. 'Ole of "'. Calli"",,, P)l _Ins CaI'"''n''' Ind. pendant S,.tem ODa,alor (5enlar Un_u,ad Dab! at,.;oj Rs.oM,on of lhesB eoI .... tlve I,.., .. are "".'y ID,.... al _, tWO yaal1l lOIIlc/IseMIS to acid uneerts,"1l' 'alhe ...-;III qll8llty 01 -. Pde Gas .,11 EIeCI~ Cclmpany and tUI 1l8*'" pa&E COrJl
PllgIIC Goo _ EflICltICC........ n" •• qlllty 10 ",ltIgsl. ~. _'" 10 tile ~u""'" hogllprleea ",ay be ........ _,11"'lreel I'DI' 0"". priee. 1M'Ile CeJ~om",PX are .. beI11g aJI.... ad by .... 'ncrell5lldllrics of ""MAl gas 1MCollforn", _llonally.1I1e \IINty'. ability '0 I1I1.... n'" '~e ","elia' ....'eh n.w gen_ang praJGCIIIcome on-line "...... c:an&trametl.M_r. lie ll'ir;8 .~ llae:trlclly ISbeg'nl'lng It> """'" signs of being so",._ 1""la&b~ fg"hMgM In mari<el conditio'" 'n CIIlIIDrnt.lca.s'"ll ptiC.eS lal8fft8ln hi.. Tile CPUC and "'a Feder.1 EtteIlJYRagulel." CO"""'salon IIU ~n 10 Invesrtgale lhe Calilarnoa wl'1oIesala mark.l, buIlt Is ..... any 'a lddoCt tileout...",., of 'he" '""",,'19a_ Allhgugh PaQfI~ G•• lIMa ElacIri<; Complln, n_ hao ttle alliN'y 10 ente, Intoblla""ol Dll'ccmenl •. "hic;ll "'ouill IIelp '" mll;s" ,"11 IUPPIy n.... It1. """".." prIc. "'ay .nd up Ioa,ng ilIOn,.'alWe'o Ih..-Iarlff Utlller Ill. 'ala /relUJt, pat'Ileu..,1y 9'''''" lie Mad for _Ilonal ""pac:llY In If!e "'lIIOf1
Moedysllacllion to place \l1li e.amme,olal paplI' and !he allllnd,tlle comme'tlal noreo 01 PGIo'" corp unaa, ,... 1_fo, _tile 1I0Wl1Qrilll8,elleat. ,no ClUI_ ""ange ,a, boIII "seillc Gas aud Efec1ncCompany and PGIE CorD"""'he ~al>llJ1 ,her P_c au ""d EfeclMC C"""""" \OW1lI .... """l',ng ",,,, .. lei'" h'llne,la_I. D/ ."""-le''''debt lOt '" 1_ I'<loo y.a ....... stllM UAClltlllIl1lY aboullIItt rnecIIatllsm and thelimefrBma lor ,.=--t.Addihonally !he amaunt 0' I~ .. ~~ sllOn·ulIm delll, ..maons lllIM""'al unkn"""" a' ~ Is dependent uponanergy pric:es In tile W8£(. ~,. ""'OCIYo beI_1hal1he ""'OlInl 0/ rnetWm""r.I_ CCIlIIdlie "'aterla'partlcul.,ly 10"' .... 1M an"'llt neells c:iUflnglhe sum"'.r aI :lOOl, WIllen could -"en delll .1ItV1C8",.asu,es forDcIInP8ClIICG.. and E_ c..""",nl' and PG&E COfp and ""pact hnanclallle.lbilfty,
Weadqu_edln San F'atEip<:o, Callf.)m1•• PGAS COli) ISan ""erllY strvIc:as ~ornpany 8Ild I~e pa,"'" holdiMllcornuany of Pde Gao and t:lectnc C')lTlp.!lny,an opa,sl'M\l publIC "~llly engallflCl prol\Qpally in Ina Iluslnaso ofprQ'Ildlrlg electndty and natufal gas distribution and tl'ansmlUlgn ae"""~es lI'IfDUahout most of NOfthem andCanlr.' CSllkJrnla.
==
---------- _.-
•
M t Y <" (J,1-'_04
AS PER ORIGINAL
<MENU) to return to headlines. G37n Equitl/ B~C:_____ __I Da 0 ons ala t'1~ "I IIIDY1 0!1AXJ ,,,..,
I Lar e Call for-nil!Ut Ii itt es, E:IX On Watch N,=.e~ga"-!t:..!.i.::::v.!!.e:-:_.!.F......I~t~ch"-- ~~....!.!.:::...J
Largg Callfornia Utilities. fIX On Watch Negative: FltthF iteh-Chl (/iQo-November 7, 2000 I Fl tch has assl gned is RuIngWatch Negative deslQnatlon to the securities of Pacific Ga~& ElectriC CompanW IPG&EI. Southern California Edison CO.ISCE) and Edison International. and lowered the commercialpaper rating of Southern California Edison Co. b~ onenotch, to 'Fl' from 'Fl+', Fitch rates the securities ofthese large California utilities and the parent compen4 ofone, Edison International, as the folloUlng'Pacific Gas &. Electr'lc Company:·-Ft rst Mortgllge Borlds. 'A' J
--Preferred Stock, 'A-',Ra t Ing Ua tcn HeBe t IveSouthern Call'ornia Edison Co.:--First Mortgage Bonds, 'AA-':--Sem or Unsecured Notes, •A+' ;--QUIDS/Prefer.red 51-ode. 'A' J~.-.t 20Ql "'"~ L P FP"IIlNcnr1""9-9206:lD Mona kGll' 2-;""aoo Lar1IIlMfIl!07-330-7':iUQ..... YDr1t11.1Z~Ja-20D0""lNle(onl6ID"J1'tJ-~ s ....-·~J2-1.QUI) 1~'2'" " T_.,.,·3-3201 ....noo ~ "INJg· l1-~D.e-e,5W'-'--- ... 181:11-57'5-1 22-librOl UJ OI'D
Il~
IN THE MATTER OF APPROVING BILLS FOR FORT BEND COUNTYFOR THE FISCAL YEAR 2001
t1~7ComrrllSSIOners' Court with the followmg present.
::2:2J day of_--.l.-----'-=*- "2001 at a regular seSSIOnofOn this the
County Judge
COmmissIOner, Precmct I
CommissIOner, Precmct 2
CommissIOner, Precmct 3
CommissIOner, Precmct 4
Now, therefore, be It resolved upo
and seconded by CommissIOner --'-"--'=~----"!r---" duly put and earned, It is ordered
that the bills be approved m the amount up to $ I. 1f02Y: 31fQ, ;>6 as presented byv •
Robert Ed Sturdivant, County Auditor
******* APPROVED*******
!l.1t:1:: -/County Auditor
Date
Time Reconvened'
Time Adjourned or Recessed
TO:
FROM:
SUBJECT:
DATE:
RETURN TO:
MEMORANDUM
Judge Jim AdolphusCounty Judge \ Qr:~r- ,--~iiI
(MY 29 ZOOl
Debbie KaminskiAssistant Purchasing Agent
:.;...;.-_.---
Please sign the attached contract approved in Commissioners Court5/22/01. Thank you.
May 25, 2001
Purchasing DepartmentJane Lone Annex500 Liberty St., Suite 103
31~
\•I I
INVITATION FOR BIDS
FRY ROAD CONCRETE PAVEMENT REPAIRSFOR FORT BEND COUNTY
BID #01-042
ISSUED BY: THE FORT BEND COUNTY PURCHASING AGENT ON 3/30/01
Sealed bids, subject to the Terms and ConditIOns of tins InvitatIOn for Bids, for Fry Road ConcretePavement Reparrs for Fort Bend County, as descnbed on the attached specrlicatlOns, WIllbe receIVedm the Office of the County Purchasmg Agent, Rosenberg Annex, 4520 Reading Road, SUite A,Rosenberg, Texas OR (Mail to 4520 Readmg Road, SUite A, Rosenberg, Texas 77471) until 1:30P.M. (LOCAL TIME) MONDAY, APRIL 16, 2001. All bids will then be opened and publiclyread m the Office of the County Purchasing Agent, Rosenberg Annex, 4520 Readmg Road, SuiteA, Rosenberg, Texas Bids received after the specified time WJlI be returned unopened
LEGAIfNAME OF CONTRACTING COMPANY
SOCIAL SECURITY # (IndlVldual)
TELEPHONE NUMBER FACSIMILE NUMBER
.k-oG£[Z Oou6L/}5CONTACT PERSON
Pg~51D~£AJ~r _TITLE
?,D - GOx. 3D() toCOMPLETE MAILING ADDRESS CITY & STATE
773?3ZIP CODE
COMPLETE STREET ADDRESS CITY & STATE ZIP CODE
FBCPA FORM 103 (30MAROI)
Fort Bend Connty Bid #01-042
A. SCOPE:
It IS the mtent of Fort Bend County to contract with one (1) vendor for all materials, supplies, equipment,tools, servtces, labor and supervtsion necessary to complete concrete pavement repairs on Fry Road in FortBend County, as specified herem
B. FORT BEND COUNTY REPRESENTATIVE:
Pomt of contact WIllbe Mr Steve Evans, Engineermg Department, at (281) 342-3039
C. BID FORM COMPLETION:
Fill out, initial each page, SIGN CONTRACT SHEET, and return to the Fort Bend CountyPurchasing Department ONE (1) complete bid form. An authorized representative of the bidderMUST sign the contract sheet. The contract will be binding only when Signed by the County Judge, FortBend County and a purchase order authorizmg the Item(s) deSired has been Issued The use ofliqmd paperISNOT acceptable and may result in the disqualificatIOn of bid If an error is made, vendor MUST draw alme through error and lmttal each change
D. LIQUIDATED DAMAGES:
If the Work IS not Substantially Complete WithIn the Contract Time as adjusted by extensIOn of timeapproved by Commissioner Court, the County will deduct (from the final payment, as liquidated damages),the sum of Three Hundred Dollars ($300 00) per calendar day that the work remaInS not SubstantiallyComplete, such sum ISagreed upon as a reasonable and proper measure of damages winch the County Willsustam per day by failure of Contractor to substantially complete work witlun the Contract Tune It ISunderstood that satd sum shall be considered as liquidated damages and shall in no sense be considered asa penalty agatnst the Contractor
E. COMPLETION TIME AND PAYMENT:
1 The County shall pay the Contractor ill current funds for the Contractor's performance of theContract the Contract Sum, as stated herem, after receipt of notice to proceed and a purchaseorder Issued by the Fort Bend County Purchasillg Agent
2 Based upon Apphcatlons for Payment subrmtted to the County, the County shall makeprogress payments on account of the Contract Sum to the Contractor as prOVIdedbelow andelsewhere ill the Contract Documents
a The penod covered by each ApphcatlOn for Payment shall be one calendar monthendmg on the last day of the month
PrOVIdedan Application for Payment ISreceived by the County not later than the 15thday of a month, the County shall make payment to the Contractor not later than the15th day of the next month If an ApplicatIOn for Payment is received by the Countyafter the application deadline fixed above, payment shall be made by the County notlater than 30 days after the County receIves the Apphcatlon for paymen .P
2 INITIALS OF BIDDER~J)
Fort Bend County Bid #01-042
E. COMPLETION TIME AND PAYMENT (cont'd):
c ApphcatlOn for Payment shall indIcate the percentage of completion of each portIOnof the Work as of the end of the penod covered by the AJ?phcatlon for Payment
d Subject to the provIsIOns of the Contract Documents, the amount of each progresspayment shall be computed as follows
1 Take that portIOn of the Contract Sum properly allocable to completed Workless retamage of five percent (5%)
2 Add that portIOn of the Contract Sum properly allocable to matenals andeqUIpment dehvered and sUItably stored at the sIte for subsequentmcorporatlOn m the completed constructIOn (or, If approved by the County,sUItablystored off the sIte at a locatIOn agreed upon m wntmg), less retamageof five percent (5%)
J Subtract the aggregate of prevIOus payments made by the County
4 The progress payment amount detemuned m accordance WIthParagraph 2dabove shall be further modIfied under the followmg circumstances
Add, upon SubstantIal CompletIOn of the Work, a sum suffiCIent to mcreasethe total payments to one hundred percent (100%) of the Contract Sum, lesssuch amounts as the County's RepresentatIve shall detemune for mcompleteWork and unsettled claims
5 Fmal payment, constltutmg the entIre unpaid balance of the Contract Sum,shall be made by the County to the Contractor when the Contract has beenfully performed by the Contractor
F. REFERENCES:
All bIdders must subnut, WITH BID, at least three (J) references from clients for whom a project SImilarto that speCIfiedherem has been successfully accomplished References must mclude clients name, contactperson and telephone number, and arclntect's name, contact person and telephone number
G. ADDENDA:
No mterpretatlon of the meaning of the drawings, speCIficatIons or other bId documents WIllbe made to anybidder orally All requests for such interpretations must be made m wntmg addressed to Mr Gilbert DJalomo, Jr, CPPB, Fort Bend County Purchasing Agent, 4520 Readmg Road, Suite A, Rosenberg, Texas77471, fax number (281) 341-8645, e-mail jalomgil@co fort-bend IX us Any and all mterpretatlons andany supplemental instructIOns will be in the form of wntten addenda to the contract documents winch WIllbe faxed to all prospective bIdders Addenda WIllONLY be issued by the Fort Bend County PurchasmgAgent It ISthe sole responsibility of each bIdder to msure receipt of any and all addenda Any addendaissued will become part of the contract documents
J INITIALS Of BIDDER £JD
Fort Bend County Bid #01-042
H. BID BOND:
All btdders must submit, WITH BID, a caslner's check or certified check for at least five percent (5%) ofthe total bid pnce, payable to the order of Fort Bend County, or a Bid Bond m the same amount Issued bya surety, acceptable to Fort Bend County, authonzed to do business m the State of Texas, as a guarantee thatthe Bidder will do the work descnbed herein at the rates stated herem Unsuccessful bidders Caslner's Checkor Certified Check Willbe returned only after a written request to do so has been received m the Office ofthe Fort Bend County Purchasmg Agent
I. PERFORMANCE AND PAYMENT BONDS:
The successful bidder must provide to the Office of the County Purchasmg Agent, a performance bond anda payment bond, each m the amount of 100% of the total contract sum witlnn ten (10) calendar days afterreceipt of notification of bid award Such bonds shall be executed by a corporate surety duly authonzed andadmitted to do busmess m the State of Texas and licensed m the State of Texas to issue surety bonds witha Best Ratmg of "A" or better Fort Bend County reserves the nght to accept or reject any surety companyproposed by the bidder In the event Fort Bend County rejects the proposed surety company, the bidder Willbe afforded five (5) additional days to subnut the reqUired bonds Issued by a surety company acceptable toFort Bend County
J. POWER OF ATTORNEY:
An Attorney-m-fact who Signs a bid bond, performance bond or payment bond must file with each bond acertified and effectively dated copy oflus or her power of attorney
iNITIALS OF BIDDER Q£D
Fort Bend County Bid #01-042
K. INSURANCE:
I All bIdders must subrntt, WITH BID, a certIficate of insurance indIcating coverage in theamounts stated below In lieu of submittIng a certificate of msurance, bIdders may submit,WITH BID, a notarIzed statement from an Insurance company, authonzed to conductbusmess In the State of Texas, and acceptable to the County, guaranteeing the Issuance ofaninsurance poltcy, with the coverage stated below, to the contractor named thereIn, ifsuccessful, upon award of tins contract Fadure to prOVIdereqUIred Insurance certIficate ornotanzed statement may result In dlsquahficatlon
2 The successful bIdder shall obtaIn at Its sole expense, and shall subrntt to the Office of theCOtinty Purchasmg Agent, certificates of Insurance satIsfactory to the County, nanung theCounty, the contractor and its employees as msured
a Workers CompensatIOn See Worker's CompensatIOn Insurance CoverageStatement at Enclosure #4
b Employer's Llablhty $1,000,000
c General hablhty mcludIng
(I) PreIlllses/OperatlOns(2) Products/Completed OperatIOn(3) Contractual(4) Owner's ProtectIve(5) Personal inJury/AdvertIsIng Llabdlty(6) Mobile EqUIpment
General hablhty hrntts shall be equal to or greater than
(I) $100,000 Boddy InjUry per person 300,000 Bodliy injury per occurrence$100,000 Property Damage per occurrence, or,
(2) $500,000 Bodily InjUry and Property Damage combIned, smgie hIlllt
SpecIfY annual aggregate, If any The Illllllmum avatlable annual aggregate for thepurposes of thts Agreement shaIJ be $1,000,000 ClaIms - made pohces shall not beacceptable All pohcies shaIJ be occurrence baSIS
d Automoblie Llablhty
All owned, non-owned or htred vehIcles must be covered Llabihty hrntts shall begreater than or equal to
(I) $100,000 Bodily Injury per person $300,000 Bodliy InjUry peroccurrence $100,000 Property Damage per occurrence, or,
5 INITIALS OF BIDDER QoeD
Fort Bend County Bid #01..(142
K. INSURANCE (coot'd):
t2) $500,000 Bodily Injury and Property Damage combmed, smgle lmnte Excess Liability Coverage shaHbe greater than or equal to $1,000,000 combmed,
smgle hnnt SpecIfY aggregate, if any
3 Contractor shall oot commence any portion of the work under thIs Agreement until It hasobtaIned the msurance required herem and certificates of such msurance have been filed Withand approved by the County
4 No cancellatIon of or changes to the certificates, or the polIcies, may be made Without sixty(60) days prior, written notification to the County
5 Approval of the msurance by the County shall not reheve or decrease the lIabilIty of theContractor
L. INDEMNIFICATION:
Contractor agrees to mdemrnfY, defend and hold the County harmless from each and every chum, demand,suit, actIOn, proceedmg, hen or judgement caused by or arIsmg out of, dIrectly or mdIrectly, or 10 connectIOnWith the acts and onnssions of Contractor pursuant to thIs Agreement
1 Contractor shall timely report all such matters to the County and shall, upon the receIpt of anysuch claIm, demand, SUIt,actIon, proceedmg, lIen or judgment, not later than the fifteenth dayof each month, provide the County With a written report on each such matter covered by thIsparagraph and by paragraph b below, settmg forth the status of each matter, the schedule orplarmed proceedings With respect to each matter and the cooperatIon or assistance, If any,of the County reqUIred by Contractor m the defense of each matter
2 The County shall tImely forward to Contractor copies of any and all claIms, demands, SUlts,actIons, proceedmgs or judgments whIch It may receIve and wluch It may contend IScoveredby tlus sectIon Thereafter, the County shall fully cooperate With Contractor 10 ItSdefense ofeach such matter
3 Contractor's duty to defend mdemrnfY and hold the County harmless shall be absolute Itshall not abate or end by reason of the expIratIOn or ternnnatIon of thIs Agreement unlessotherwise agreed by the County 10 wntmg The prOVisIonsoftlus section shall survIve thetermmatIon of the Agreement and shall remaIn 10 full force and effect with respect to all suchmatters no matter when they arIse
4 In the event of any dIspute between the partIes as to whether a claim, demand, SUIt,actIOn,proceedmg, lIen or judgment appears to have been caused by or appears to have arIsen outof or 10 connectIon Withacts or onnsslons of Contractor, Contractor shall never-the-Iess fullydefend such claIm, demand, SUlt,actIOn, proceedmg, lIen or Judgment untIl and unless thereIS a determinatIon by a court of competent jUnSdIctlon that the acts and omISSIOnsofContractor are not at Issue m the matter In such event, the Counry shall promptly reImburseContractor for its costs of defense
6 INITIALS OF BIDDER UD
Fort Bend County Bid #01-042
L. INDEMNIFlCATION (cont'd):
5 In the event.that any such matter bemg so defended by Contractor also involves any claimof negligence or wrongful actIon by the County, the County shall have the obligatIOn topartICIpate m the defense of the matter through separate counsel
6 Contractor shall have full authonty to resolve all matters bemg defended by It proVldmg suchsettlement( s) shall not involve any findmgs adverse to the County or and shall not mvolve orrequIre any payments or contnbutlOns by the County
7 In the event of any final JudICIaldetennmatlOn or award of any matter covered by tlus sectionthe County shall be responsible to tlurd partIes, pro rata, for any negligence determined tohave been caused by the County
8 Contractor's mdemmficatlon shall cover, and Contractor agrees to mdemnify the County, inthe manner proVIded for and to the extend descnbed above, m the event the County ISfoundto have been negligent for haVIng selected Contractor to perfonn the work described in thisAgreement
9 The-proVISIOnby Contractor of msurance shall not limIt the liability of Contractor under tlusAgreement
10 Contractor shall cause all Trade Contractors and any other Contractor who may have acontract to per fonn constructIon or mstallatlOn work in the area where work WIll bepe-rfonned under tlus Agreement, to agree to mdemmfy the County and to hold It harmlessfrom all claImS for bodily mJury and property damage that anse may from saId Contractor'soperatIons Such proVIsIOnsshall be in fonn satIsfactory to the County
II Loss Deduction Clause - The County shall be exempt from, and m no way liable, for, anysums of money winch may represent a deductible In any Insurance policy The payment ofdeductlbles shall be the sole responsibIlIty of Contractor and/or Trade Contractor prOVldmgsuch insurance
M. PREVAILING WAGES:
I'revmling wage reqUIrements of Art 5159a Vernon's Texas Clvl1Statutes apply (See Enclosure 3)
N. PERMITS:
All permIts, tap fees, mspectlOn fees, etc shall be the sole responslblhty of the successful bidder
7 INITIALS OF BIDDER UD
Fort Bend County Bid #01-042
O. CONTRACTOR'S RESPONSIBILITY FOR WORK:
I The Contractor shall supefVlse and direct the work and shall be solely responsible for allconstructIOn methods, techruques, procedures and coordmating of the Work under tluscontract
2 The-Contractor shall employee- a competent Supe-rmtendent who shall be in attendance at theProject Site during the progress of the Work The Superintendent shall be satisfactory to theCounty and shall not be changed except With the approval of the County
3 The Contractor shall be responsible for mitlating, mamtammg and supervismg safetyprecautions m connectIOn with the Work He shall obtam approval for the locatIOn of theequipment, supplies and constructIOn access during the Work
4 The Contractor shall take all reasonable precautIOns necessary for the safety of, andprotectIVe procedures to prevent damage, mjury or loss to
a All employees of the Work and all other persons who may be affected thereby
b All the Work and all matenals to be incorporated therem, whether all storage on oroff the site
c AlJ property at the Sites and adjacent thereto mcludIng trees, shrubs, lawns, walks,pavements, roadways, structured and UtlJJtiesnot deSignated for removal, relocatIOnor replacement m the course of constructIOn
5 Matenals and Workmanslup All Work shall be executed m accordance With the ContractDocuments, complete m all parts and m accordance Withapproved practices and customs, andof the best fimsh and workmanslup Unless otherWIse speCified, all matenals and eqUipmentmcorporated III the Work under the Contract shall be new
6 Test specimens of the vanous matenals may be requested by the County at any tlffie The testspeclffiens shall be furmshed by the Contractor and test WIllbe made by the County at theexpense of the County
7 AlJ Manufacturer's product certificatIOns requrred by the specIficatIOns shall be numberedconsecutively, dated and subnutted to the County as reqUired
8 Removal ofDefectJve Work Ifany matenals proVlded under tlus Contract are condemnedas not confornung With the requirements of the Contract Documents by the County, theContractor shall, Wltbma reasonable tJrneafter havmg received notlce from the County to thateffect, proceed to remove from the Project Site all condemned matenals, whether worked orunworked and to take down all portions of the Work wluch have been condemned as unsoundor Improper or IS m any way faJ1mgto conform to the Specifications and Contractor shallmake good all Work damaged or destroyed thereby, mcludmg all adjacent Work damagedthereby
8 . INITIALS OF BIDDER U D
Fort Bend County Bid #01-042
O. CONTRACTOR'S RESPONSmILITY FOR WORK (cont'd):
9 Clearung As directed by the County, the Contractor shall at all tImes keep the prenuses freefrom accumulatIon of waste materials or rubbIsh caused by the work under tlus contractUpon completion of the Work of the Contractor shall have the prerruses IIIa neat and cleancondItIOns
10 The Contractor shall take partIcular notice of the followlllg proVIsIOns All employees shallwear hard hats at all times while on the construction project
11 The County expressly disavows any responsibility for the safety of the Contractor'semployees, agents, officers, subcontractors, licensees and guests
P. TERMINATION:
I The County may termlllate the Contract If the Contractor
a Persistently or repeatedly refuses or fails to supply enough properly skilled workersor proper matenals
b Fails to make payment to Subcontractors for matenals or labor IIIaccordance WiththerespectIve agreements between the Contractor and the Subcontractor
c Persistently disregards laws, ordinances, or rules, regulations or orders of a pubhcauthority haVIngjUnsdlCtlOn
d OtherwIse is guilty of substantial breach of a proviSIOnof the Contract Documents
2 When any of the above reasons exists, the County many, Without prejudice to any othernghts or remedIes of the County and after gJVlllgthe Contractor and the Contractor's surety,If any, seven days' wntten notice, terminate employment of the Contractor and may, subjectto any pnor nghts of the surety
a Take possessIOn of the SIteand of all matenals, equipment, tools, and constructioneqUIpment and machmery thereon owned by the Contractor
b FImsh the Work by whatever reasonable method the County may deem expedIent
3 When the County tenmnates the Contract for one of the reasons stated 1ll tills section, theContractor shall not be entItled to receIve further payment untIl the work IS fimshedTherefore, the Contractor shall be promptly paid for all work actually and satIsfactonlycompleted
9 INITIALS OF BIDDER UD
Fort Bend County BId #01-042
Q. SUSPENSION BY THE OWNER FOR CONVENIENCE:
1 The County- may, without cause, order the Contractor m wntmg to suspend, delay ormterrupt the Work m whole or m part for such penod of tIme as the County may deternnne
2 An adjustment shall be made for mcrease m the cost of performance, caused by suspenSion,delay or interruptIon No adjustment shall be made to the extent
a That performance IS,was or would have been so suspended, delayed or mterruptedby another cause for winch the Contractor ISresponsible
b That an eqUItable adjustment IS made or derued under another proVIsIOn of tinsContract
3 Adjustments made m the cost of performance may have a mutually agreed fixed or percentagefee
R. TAX EXEMPT:
Texas Sales and Use Taxes Fort Bend County ISexempt from state and local sales and use taxes underSectIOn 151309 of the Texas Tax Code Tins Contract ISdeemed to be a separate contract for Texas taxpurposes, and as such, the County hereby ISSUesItSTexas ExemptIon for the purchase of any Items qualifYIngfor exemptIOn under tins agreement Contractor IS to issue ItS Texas Resale Certificate to vendors andsubcontractors for such Items qualifYIng for tins exemptIOn, and further, contractor should state these Itemsat cost
S. ENCLOSURES:
The followmg bemg mcorporated herein by reference for all purposes as though fully set forth herein wordfor word
1 Enclosure # 1 - General ReqUIrements2 Enclosure #2 - Purchase Order Terms and condltlons3 Enclosure #3 - PrevaIlmg Wages4 Enclosure #4 - Worker's Compensation Insurance Coverage5 Enclosure #5 - Techrucal specifications and draWings
T. BID PRICE:
See Page BP2 ofTechrucal Specifications
We agree, If awarded the Contract, to complete all Work reqUIred by the Contract Documents wItlnn70 0 calendar days after issuance of a purchase order by the County Purchasmg Agent
10 [NITIALS OF BIDDER MP
STATE OF TEXASNTY OF FORT BEND
nemorandum of agreement made and entered mto on theJJ,Y' day of Cf\l,~ '20~, by and between Fort
County m the State of Texas (hereInafter desIgrIated County), actmg herem by County Judge James C Adolphus, by
of an order of Fort Bend County ComnussIOners Court, and :=> }- ~ ~w~ bL (heremafter desIgrIated(company name)
actor)
<ESSETH
'ontractor and the County agree that the bId and speCIficatIOns for the Fry Road Concrete Pavement Repairs wluch are
) attached and made a part hereof together WIth tlus Instrnment and the bond (when reqUIred) shall consntute the full
ment and contract between partIes and for furmslung the Items set out and descnbed the County agrees to pay the pnces
ated m the accepted bId
Lrtheragreed that tlus contract shall not become bmdmg or effecnve unnl SIgned by the partIes hereto and a purchase order
nzmg the Items desIred has been Issued.
.JY,ted at RIchmond. Texas tlus d d day Of -=c:::::..~-----.20D (
Fort Bend County Texas--...t
By.j{ 00£-[2. l, Dou G e-ASPrinted "I.une dnd Title
Fort Bend County Engmeenng DepartmentConcrete Pavement Street RepaIrs
BId of SqC CD,vSTe.liC/lON an mdlvldual propnetorshlP/~rgantZed andeXIsting under laws of the State of Texasla partnershIp conslstmg of , for constructIOnof.
FRY ROAD
CONCRETE PAVEMENT REPAIRS
FBCED JOB NO 01-047
TO FORT BEND COUNTYPURCHASING DEPARTMENT
500 LIBERTY, SillTE 103RICHMOND, TX 77469
Attn GIlbert D Jalomo, Jr
I IWPDATA\LETrERS\FNG\OIOJ7OJLI'{II wpoJ BP l REVISION 03/20/200 I
Fort Bend County Engmeenng DepartmentConcrete Pavement Street RepaIrs
FRY ROAD
Gentlemen:PROPOSAL BIDDING SHEET
Pursuant to the foregomg InvitatIOn!AdvertIsement to BIdders and Instruction to BIdders, the undersIgnedbidder hereby proposes to do all the work for the UnItpnces bId to furnIsh all necessary supenntendence, labor,machmery equIpment, tools, matenals, msurance and mIscellaneous Items, to complete all the work accordmgto the bIds, as provIded m the constructIon plans and contract documents for the constructIOn of FRY ROADCONCRETE PAVEMENT REPAIRS and clean up the sIte to the satisfactIOn of the Owner/Engmeer, andbIds himself on acceptance of thIs proposal to execute a contract and bonds for completmg saId project wlthmthe time stated for the followmg pnces, to WIt.
FRY ROADCONCRETE PAVEMENT REPAffiS
ItemNo Quantity UnIt
Item Descnptlon andTotal Wntten Unit Pnce
UnItPnce
TotalAmount
1. 6440 sq ft Removal and replacmg remforcementconcrete pavementfor _
NJP£
tJO~c'
$ q.£/'and -'--= c.entsper UnIt
2 1 lump sum Traffic control
and .£--".....::: ,centsper UnIt
'2 c~$ :.;,Soo-,
I \WPDATA\lLTTER~\l::N(J'(1I04703IJ"OI wptl BP 2 REVISION 03/20/200 I
CUMBERLAND CASUALTY & SURETY COMPANY
BID BOND
Bond No: CC29901
KNOW ALL MEN BY THESE PRESENTS, that we S&C Construction Co., Inc. as pnnclpal,hereinafter called the Pnnclpal, and Cumberland Casualty & Surety Co , a Corporation dulyorganized under the laws of the State of Florida as Surety, hereinafter called the Surety, areheld and firmly bound unto Fort Bend County Obligee, hereinafter called the Obligee, In thesum (5% ) of the Bid Amount not to Exceed Five Percent Greatest Amount Bid for thepayment of which sum well and truly to be made, the said Principal and the said Surety, bindourselves, our heirs, executors, administrators, successors and assigns, JOintlyand severally,firmly by the presents,
WHEREAS, the Principal has submitted a bid for
Concrete pavement repairs Fry Rd.
NOW, THEREFORE, If the Obligee shall accept the bid of the PrinCipal and the Principal shallenter Into a Contract with the Obligee In accordance with the terms of such bid and give suchbond or bonds as may be specified In the bidding or Contract Documents with good andsuffiCient surety for the faithful performance of such Contract and for the prompt payment oflabor and matenal furnished In the prosecution thereof, or in the event of the failure of thePrincipal to enter such Contract and give such bond or bonds, If the Principal shall pay to theObligee the difference not to exceed the penalty hereof between the amount specIfied In saidbid and such larger amount for which the Obligee may in good faith contract with another partyto perform the Work covered by said bid then thiS obligatIon shall be null and vOId, otherwiseto remain In full force and effect
PRINCIPAL S&C Construction Co., Inc. EFFECTIVE DATE 4/16/01
). Box 3006(STREET ADDRESS)
Spr1ng, TX 77383{CITY) (STATE) Cl.l\' CODE}
CONTRACT AMOUNT BID AMOUNTOFBOND $5% G.A.B
POWER NO. CC - 29901
KNOW ALL MEN BY THESE PRESENTS That Cumberland Casualty & Snrety Company, a corporatIon duly organized under the laws of the Stateof Flonda, haVing Its princIpal office In the City of Tampa, Flonda, pursuant to the followmg resolution, adopted by the Board of Directors of the saidCompany on the 15th day of Apnl 1999, to wIt
"Resolved. that the President of the Company shall have authority to make. execute and deliver a Power of Attorney constnutmg asattorney(s)-m-fact. such persons, firms. or corporations as may be selected from time to time
Be It Further Resolved, that the signature of the President, Secretary and the Seal of the Company may be affixed to any such Power ofAttorney or any certificate relatmg thereto by faCSImIle, and any such powers so executed and certified by facsimile signature and facsImile seal shallbe valid and bmdmg upon the Company m the future with respect to any bond or consents for the release of retamed percentages andlor final estimateson engmeermg and constructIon contracts or Similar authonty or undertakmg to WhlC~lt \S ~c.bed," QCumberland Casualty & Surety Company does hereby make, constitute and appomt KeVin e(Juam or Debra Me uam
ItStrue and lawful anomey(s)-m-fact, With full power and authonty hereby conferred m Its name, place and stead, to sign execute, acknowledge anddehver m Its behalf, and Its act and deed. as follows
The obllganon of the Company shall not exceed ($2,000,000 (0) dollarsAnd to bmd Cumberland Casualty & Surety Company thereby as fully and to the same extent as If such bond or undertaklOg was signed by
the duly authorIZed officer of Cumberland Casualty & Sl1rety Company, and all the acts of said attomey(sHn-fact pursuant to the authOrIty herem gIVen.and hereby ratIfied and confirmed
IN WITNESS WHEREOF, Cumherland Casualty & Surety Company has caused these presents to he SIgned hy an officer of theCompany and its Corporate Seal to be hereto affixed
YCOMPANYe-u;,....,.~STATE OF FLORIDA )
) SSCOUNTY OF HILLSBOROUGH)
On thIS 15th day of April, A D 1999, before me personally came Edward J Edenfield IV, to me known, who bemg by me duly sworn dIddepose and say, that he reSides m the County of Hlilsborough, State of Flonda. that he IS President of Cumberland Casualty & Surety Company, thecorporatIon descnbed m and WhlCh executed the above mstrument, that he knows the seal of said corporation, that the seal affixed to the saidmstruments IS such corporate seal, that It was so affixed by order of the Board of Directors of said corporation and that he sIgned hiS name, theretoby like order
STATE OF FLORIDA )) S5
COUNTY OF HILLSBOROUGH)I, the underSIgned, Secre!ary of Cumberland Casualty & Surety Company, a Flonda Corporallon DO HEREBY CERTIFY that the toregomg
aItd al!ached POWER OF ATTORNEY remams m full force
.....'OvPI/'" Beverly Ann Jerry () ~~' d\l- '6CommlsslOn # CC 758867 ~ 1 L~0-- d~ ~ i'§ Expires Augusl22, 2002' u! v ...Beverly AIlIl J~~ ~ BONDEDTHRU
OFf" ATlAfoHlC BONDING CO INC My commISSion expires
Signed and Sealed at the CIty of Tampa Dated the 16th day of
~,.~8"-';;-~~i.1 SEAL ¥\, !
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THIS BOND NOT VALID UNLESS PRINTED Or-. GREE:-I PAPER
MEMORANDUM
TO: Judge Jim AdolphusCounty Judge
-- ~"''''''~:n~~r', -"'1JUN 0 5 2001 \
1'-';J'11,,- _•i
FROM: Debbie KaminskiAssistant Purchasing Agent
SUBJECT: Please sign the attached contract approved in Commissioners Court5/22/01. Thank you.
DATE: June 4, 2001
RETURN TO: Purchasing DepartmentJane Lone Annex500 Liberty St., Suite 103
INVITATION FOR BIDS
PURCHASE OF NEW 20011 TON CREW CAB PICKUP TRUCKFOR FORT BEND COUNTY
BID #01-045
ISSUED BY: THE FORT BEND COUNTY PURCHASING AGENT ON 5/3/01
Sealed bIds, subject to the Terms and CondItions of tins Invitation for Bids, for the purchase of new2001 1ton crew cab pIckup truck for Fort Bend County, as described on the attached specifications,will be receIved m the Office of the County Purchasmg Agent, Fort BeJld County, Rosenberg Annex,4520 Readmg Road, Suite A, Rosenberg, Texas 77471 until 1:30 P.M. (LOCAL TIME)MONDAY, MAY 21, 2001. All bids will theJI be opened and pubhcly read m the Office of theCounty Purchasing AgeJIt, RoseJIberg Annex, 4520 Reading Road, Suite A, RoseJIberg, Texas BIdsreceived after the specIfied time will be returned mJopened
LEGAL NAME OF CONTRACi!NG COMPANY
FEDERAL I.D # (Company or Corporallon) SOCIAL SECURITY # (ImhVldual)
CONTACT PERSON TITLE
27'177ZIP CODE
CITY & STATE ZIP CODECOMPLETE S1REET ADDRESS
FBCPAFORM 103 (3MAY01)
Fort Bend County Bid #01-045
A. SCOPE:
It is the mtent of Fort Bend County to purchase one(l) or more new 2001 1 ton crew cab pickuptruck Umt(s) IS to be furnished With standard eqUipment and accessones as listed m themanufacturer's printed literature for the model bid
B. DELIVERY:
Delivery of all pickup trucks ordered must be completed Wlthmone-hundred twenty (120) calendardays after receipt of purchase order issued by the Fort Bend County Purchasing Agent Dehverymust be made to the Fort Bend County Velncle Maintenance Department, 230 Legion Dnve,Richmond, Texas
C. GENERAL INFORMATION:
1 InvOice, title application, application for license plates, and all other paperwork mustbe sent to the ordenng department as stated on the purchase order
2 All titles should read Fort Bend County clo Purchasmg Deparunent, 4520 ReadmgRoad, Rosenberg, Texas 77471 The title apphcatlon must be maJied to thedepartment purchasmg the velncle
D. BID FORM COMPLETION:
Fill out, initial each page. SIGN CONTRACT SHEET, and return to the Fort Bend CountyPurchasing Department ONE (1) complete bid form. An authorized representative of thebidder MUST sign the contract sheet. The contract Willbe bmding only when Signed by theCounty Judge, Fort Bend County and a purchase order authonzmg the Item(s) desired has beenIssued The use of liqUidpaper ISNOT acceptable and may result in the disqualificatIOn of bid Ifan error ISmade, vendor MUST draw a line through error and initial each change
E. INTERLOCAL PARTICIPATION:
AdditIOnal governmental entities, Wltlnn Fort Bend County, may purchase from tins bid Vendoragrees to accept purchase orders from those participating entities and to mVOIce each entityseparately
F. ENCLOSURES:
The following bemg incorporated herein by reference for all purposes as though fully set forth hereinword for word,
1 Enclosure # 1 - General Requirements
2 Enclosure #2 - Purchase Order Terms and Conditions
2 INITIALS OF BIDDER: &
Fort Bend County Bid #1)1-045
G. REQUIREDEQUIPMENT:
Bidder must state exactly the equipment bid In the space proVIded Failure to meet or exceed eachand every specification and/or faIlure to list eqmpment bId may result in disqualification of bid
1 List make and model Must be new 2001, 1 ton crew cab pIckup truck, dual wheel,- - -2 wheel dnve--EO&! W32-
2 Engine 7 3 hter, turbo diesel minimum
3 Wheelbase 172" rmnunum
4 Transrmssion 4 speed automatic
5 AIr ConditIOnIng Factory Installed
6 Power Steenng
7 Power Brakes
8 Power Locks Factory installed
9 Power Windows. Factory Installed
10 RadiO AMlFM
3 INITIALS OF BIDDER: /If"
Fort Bend Connty Bid #01-045
G. REQUIRED EQUIPMENT (cont'd):
11 Ttres Six (6) all season radial WIth standard spare ttre
12 Wheels 16" aluminum-alloy
13 Tilt Steenng Wheel
14 Cruise Control
15 Seattng Cloth 40-20-40 spItt front bench with rear cloth bench
16 Flooring Carpet WIth front and rear rubber mats
17 Chrome tubular cab steps
18 State Inspectton Sttcker
19 Extenor Colors Manufac1ttrer's standard colors to be selected at time of order
H. BID PRICE:
Total unit bid price, for one (1) 1 ton crew cab pickup truck, FOB pomt of delivery m Fort BendCounty, Texas
4 INITIALS OF BIDDER: k7
CONTRACT SHEET
THE STATE OF TEXASCOUNTY OF FORT BEND
ThIs memorandum of agreement made and entered mto on the d.?'-~day of[0o., b '2U, by and between Fort
Bend County m the State of Texas (heremafter deSignated County), aeung herem by C7un Judge James C Adolphus, by VIrtue
of an order ofFortBend County ComnusslOners Court, and t-Itk/?1 t?-r t;Qg (hereinafter deSignated Contractor),(company name)
WITNESSETH
The Contractor and the County agree that the bid and specificanons for the Crew cab pickup truck winch are hereto artaehed
and made a part hereof, together With tins IDStrument and the bond (when reqwred) shall const1tute the full agreement and
contract between parlies and for furmslnng the Items set out and descnbed. the County agrees to pay the prices St1pulated m
the accepted lnd
It IS further agreed that tins contract shall not become lnnding or effecnve unnl Signed by the parnes hereto and a purchase order
authonzmg the Items desired has been ISSUed
Executed at Riclunond, Texas tins
Fort Bend County Texas
c.County Judge
BY:~~/' Signature of Contractor
By: P/l/ t/btf.h7~/ 47'-&/'!",f tff'''l-)Printed Name and Title
