Notice of Meeting Fort Bend County Commissioners Court 7Th Floor, Wm. B. Travis Building, Richmond, Texas Tuesday, April 14,1998 1:00 O'clock P.M

NOTICE OF MEETING FORT BEND COUNTY COMMISSIONERS COURT 7TH FLOOR, WM. B. TRAVIS BUILDING, RICHMOND, TEXAS TUESDAY, APRIL 14,1998 1:00 O'CLOCK P.M.

AGENDA

1. Call to Order.

2. Invocation and Pledge of Allegiance by Commissioner O'Shieles.

3. Approve minutes of meeting of April 7, 1998.

4. Announcements and Public Comments.

5. Approve line item transfers in budgets and funds.

6. Approve out-of-state travel requests for County personnel and enter into record the out- of-state travel requests for elected officials.

7. FORT BEND FLOOD CONTROL WATER SUPPLY CORPORA nON: approve payment of bills for March in the amount of$16,604.16.

8. COMMISSIONER PCT. 1: (1)Consider approving a resolution concerning the use of the proceeds of revenue bonds issued by the Tarrant County Health Facilities Development Corporation to finance certain costs, to reimburse certain costs, and to refinance certain outstanding obligations relating to a health facility located within the boundaries of Fort Bend County, Texas. (2)Consider approving an-iRtirlQs81 agreement with Child Advocates of Fort Bend County.

9. COMMISSIONER PCT. 2: consider and approve Contract Deputy Agreement between Fort Bend County and Ridgemont Community Improvement Association.

10. COMMISSIONER PCT. 3: consider approving Fort Bend County/Fort Bend Drainage District Vehicle Policy.

11. COUNTY JUDGE: consider and approve funding in the amount of $5,000.00 for the placement of tourism advertisement in The Official Guide o/Houston. (Fund:045/401O)

12. Consider and approve prospective board member to Children's Protective Services Board.

13. Consider the Resolution approving Fort Bend County Housing Finance Corporation Single Family Mortgage Revenue Bonds (GNMA and FNMA Mortgage-Backed Securities Program) Series 1998 Followingl. Public Hearing. 'III

NOTICE Policy or Non-Discrimination on the Basis of Disability

Fort Bend County doe. not discriminate on the basis of disability in the admission or leees. to, or treatment or employment in, its programs or activities.

ADA CoordiRltor. RistlM.nagement Insurance Dept., 7th Floor. Travis Building, Richmond, Texas 77469, phone (713) 341-8618 has been designated to eoordilUllc compliance with the norKIiscriminalion requirements contained in Section 35.107 of the Department of Justice regulalions.. Information concerning the provisions of the America. with Di.. biJitiot. Act •• 00 the rightl: provided thereunder •• ro .nilahle from the ADA coordinator: 14. FORT BEND COUNTY HISTORICAL COMMISSION: consider approving $1,700.00 allotment for the years 1997 and 1998.

CONSENT AGENDA - ITEMS 15-22:

15. Consider and approve Agreement with Metal Arts for the structural work and cleaning of the Mirabeau B. Lamar statue, in the amount of $12,500.

16. ANIMAL CONTROL: consider approving payment of invoice #3 in the amount of $65,867.40 to Bass Construction for construction of Animal Control Facility per bid #97-072.

17. ENGINEERING: (l)consider approving application from Mark Poehls to bury 2" PVC water line along Beasley-West End Road and 4" PVC sewer line under and along Beasley-West End Road, Pct. 1. (2)consider approving application from Katy Mills Limited Partnership to install 42" storm sewer culvert under and along Greensbusch Road, Pct. 3. (3)consider approving application from Fort Bend Telephone Company to Bury Line along Davis Estates Road, Pet. 1. (4)consider accepting (7) right-of-way drainage easements within the boundaries of water shed ffi3J, lateral to Buffalo Creek, from (B.O. Hartfield, Peggy Wittenben, William Benton, Marie Young, Donna J. Dunlap, Kaye Cannon and Jennifer Hartmann), Pct. 1. (5)consider approval of grant application to H-GAC for recycling equipment for fiscal year 1998, Pct. 1.

18. HEALTH DEPARTMENT: consider approving On-Site Sewerage Facility plans submitted by River Pointe Community Church, Pct. 4.

19. JUVENILE PROBATION: consider approving H-GAC Level of Service Certification for funding of Juvenile Justice Alternatives, up to a maximum of $33,600.00.

20. LffiRARY: consider approving the following for construction of FulshearlSimonton Branch Library: (l)pay application #9 in the amount of $68,875.38 from Bass Construction Co. (2)architect's supervision fee in the amount of $1,408.00 from DiStefano-Santopetro Architects Inc. (Funds: 25017015Bond Funds)

21. PARKS & RECREATION: consider request for approval of the Summer Food Service Program Application to Texas Department of Human Services, and request for $20,000.00 program funds, to be replaced with the first advance payment from TDHS.

22. TELECOMMUNICATIONS: consider approval of Public Telephone Letter of Authorization and Addendum to Letter of Authorization between Fort Bend County and GTE for Customer - Owned Pay Telephones at the East End Annex. 23. PURCHASING: (1) consider authorizing the purchase of the following items from State of Texas Qualified Information Systems vendors: a. Computer software from Solid Systems, Inc. b. Telephone equipment from Lucent Technologies. (2)consider authorizing contract negotiations with ADP for the privatization of County payroll process - RFP#98-024

24. . Approve bills.

25. Meet in Closed Session to discuss the following matters: (l)Personnel Matters: Drainage District. as authorized by TX Gov. Code, Sec. 551/074; and consider taking action in Open Session.

26. Adjournment.

In the event any of the foregoing items are not covered in the time allocated on the date of this agenda, the County may order a continuance during the week until the discussion is completed on all items. FIlED FOR RECORD

T1ME~ APR 91998 ~ ..~1q.~ CoIriy Clerk Foil Bend Co. TelaIs Michael D. Rozell, C unty Judge

Notice of meeting/agenda posted at Courthouse & Jane Long Annex, Richmond, Texas on Thursday, April 9, 1998 byl.fVL/l..Vt..lll 9-.~ . APPROVED MINUTEs

MINUTES

BE IT REMEMBERED, That on this 14TH DAY of APRll.., 1998 Commissioners Court of Fort Bend County, Texas, met at a scheduled meeting with the following present:

MICHAEL D. ROZELL COUNTY JUDGE

R.L. "BUD" O'SHIELES COMMISSIONER PRECINCT #1

GRADY PRESTAGE COMMISSIONER PRECINCT #2

ANDY MEYERS COMMISSIONER PRECINCT #3

DIANNE WILSON COUNTY CLERK

Commissioner Lutts absent.

Commissioner Prestage absent for items I - 8(1).

1. Can to Order.

Call to Order by Judge Rozell at I :07 p.m.

2. Invocation and Pledge of Allegiance by Commissioner O'Sbieles.

Invocation and Pledge of Allegiance by Commissioner O'Shieles.

3. Approve minutes of meeting of April 7, 1998.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and and unanimously carried (3-0), it is ordered to approve minutes of meeting of April 7, 1998 as presented by Dianne Wilson, County Clerk.

Judge Rozell -yes Commissioner O'Shieles - yes Commissioner Prestage - absent Commissioner Meyers - yes Commissioner Lutts - absent

4. Announcements and pubnc Comments.

Commissioner Meyers announced $2,000 Texas Book Grant for mini-library in Cinco Ranch area presented to Roman Bohachevsky, County Librarian.

Today is Primary Run-Off Election Day.

Judge Rozell presented the following proclamations: National Volunteer Week - April 19-25 presented to Bouche Mickey National Crime Victim Week - April 19-25 Child Abuse Prevention Month of April presented to CASA volunteers

Bouche Mickey presented certificates to recognize National County Government Week- April 19-25.

Commissioners Meyers announced Sugar Land Library ground breaking will be held on Saturday, April 18 at 10:00 a.m. at Eldridge Rd. location.

1 APRIL 14. 1998

S. Approve line item transfers in budgets and funds.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve line item transfers in budgets and funds for VEHICLE MAINTENANCE and ROAD & BRIDGE as presented by Jim Edwards, Budget Officer.

Judge Rozell - yes Commissioner O'Shieles - yes Commissioner Prestage - absent Commissioner Meyers - yes Commissioner Lutts - absent

6. Approve out-of-state travel requests for County personnel and enter into record the out-of-state travel requests for elected officials.

Moved by Commissioner O'Shieles, Seconded by COmmissioner Meyers, duly put and unanimously carried (3-0), it is ordered to approve out-of-state travel requests for MIS, COUNTY ATTORNEY STAFF and enter into record the out-of-state travel request for COMMISSIONER PCT. 1.

Judge Rozell -yes Commissioner O'Shieles - yes Commissioner Prestage - absent Commissioner Meyers - yes Commissioner Lutts - absent

7. FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION: approve

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve payment of bills for March in the amount of $16,604.16.

Judge Rozell -yes Commissioner O'Shieles - yes Commissioner Prestage - absent Commissioner Meyers - yes Commissioner Lutts - absent

8. COMMISSIONER PCT. 1: (1)Consider approving a resolution concerning the use of the proceeds of revenue bonds issued by the Tarrant County Health Facilities Development Corporation to fiDance certain costs, to reimburse certain costs, and to refinance certain outstanding obligations relating to a health faciUty located within the boundaries of Fort Bend County, Texas.

Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly put and Iwanimously carried (3-0), it is ordered to approve resolution concerning the use of the proceeds of revenue bonds issued by the Tarrant County Health Facilities Development Corporation to fmance certain costs, to reimburse certain costs, and to refinance certain outstanding obligations of Polly Ryon Hospital at no cost to the County.

Judge Rozell -yes Commissioner Meyers - yes Commissioner O'Shieles - yes Commissioner Lutts - absent Commissioner Prestage - absent

2 APRIL14, 1998

COMMISSIONER PRESTAGE PRESENT AT 1:25 P.M. item HI continued - Comgjssjoner Pet. 1;

(2)Consider approving aD iDteriocal agreemeDt with Child Advocates of Fort Bend County.

Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly put and unanimously carried (4-0), it is ordered to approve interlocal agreement with Child Advocates of Fort Bend County.

Judge Rozell - yes Commissioner O'Shieles - yes CommissiOner Prestage - yes Commissioner Meyers - yes Commissioner Lutts - absent

Dennis Morgan, Assistant County Attorney praised the work of CASA volunteers.

9. COMMISSIONER PCT. 2: consider aDd approve Contract Deputy Agreement betweeD Fort BeDd County aDd RidgemoDt Community ImprovemeDt Association.

Moved by Commissioner Prestage, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve Contract Deputy Agreement between Fort Bend County and Ridgemont Community Improvement Association without health insurance for the deputies.

Jim Edwards questioned the lack of health insurance benefits in the agreement.

County Attorney will review all future contracts regarding this issue.

Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage -yes Commissioner Meyers - yes Commissioner Lutts - absent

10. COMMISSIONER PCT. 3: consider approviDg Fort BeDd CountylFort BeDd Drainage District Vehicle poncy.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve Fort Bend County/Fort Bend Drainage District Vehicle Policy.

Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage - yes Commissioner Meyers -yes Commissioner Lutts - absent

11. COUNTY JUDGE: consider and approve funding inthe amount of$5,000.OO for the placement of tourism advertisemeDt in The Official Guide of Houston. (Fund:045/4010)

Pass.

3 APRIL I4, I998

12. Consider and approve prospective board member to Children's Protective Services Board.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to appoint Audrey Sullivan to Children's Protective Services Board.

Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage - yes Commissioner Meyers -yes Commissioner Lutts - absent

13. Consider the Resolution approving Fort Bend County Housing Finance Corporation Single Famlly Mortgage Revenue Bonds (GNMA and FNMA Mortgage-Backed Securities Program) Series 1998 Following a Public Hearing.

Moved by Commissioner Prestage, Seconded by Commissioner Meyers, duly put and Imanimously carried (3-0), it is ordered to approve Fort Bend County Housing Finance Corporation Single Family Mortgage Revenue Bonds (GNMA and FNMA Mortgage- Backed Securities Program) Series 1998 following the February 11 public hearing as presented by Lori Gobillot, representing Vinson & Elkins. (Note: almost $19,000,000 available)

Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage -yes Commissioner Meyers -yes Commissioner Lutts - absent

14. FORT BEND COUNTY mSTORICAL COMMISSION: consider approving $1,700.00 allotment for the years 1997 and 1998.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve $1,700.00 allotment for the years 1997 and 1998 for Fort Bend County Historical Commission.

Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage -yes Commissioner Meyers - yes Commissioner Lutts - absent

CONSENT AGENDA - ITEMS 1HZ: IS. Consider and approve Agreement with Metal Arts for the structural work and cleaning ofthe Mirabe8u B. Lamar statue, in the amount of$12,SOO.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve agreement with Metal Arts for the structural work and cleaning of the Mirabeau B. Lamar statue, in the amount of $12,500 as presented by Von Maszewski, representing County Historical Commission. Funds from school children; service organinltions and the county.

Judge Rozell - not voting Commissioner Meyers - yes Commissioner O'Shieles -yes Commissioner Lutts - absent Commissioner Prestage -yes

4 APRIL I 4, I 998

16. ANIMAL CONTROL: consider approving payment of invoice #3 in the amount of $65,867.40 to Bass Construction for construction of Animal Control Facility per bid #97"{)72.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve payment of invoice #3 in the amount of $65,867.40 to Bass Construction for construction of Animal Control Facility per bid #97-072.

Judge Rozell - not voting Commissioner O'Shieles -yes Commissioner Prestage - yes Commissioner Meyers -yes Commissioner Lutts - absent

17. ENGINEERING: (1)consider approving application from Mark Poehls to bury 2" PVC water line along Beasley-West End Road and 4" PVC sewer line under and along Beasley-West End Road, Pet. 1. (2)consider approving application from Katy Mills Limited Partnership to install 42" storm sewer culvert under and along Greensbuseh Road, Pet. 3. (3)consider approving application from Fort Bend Telephone Company to Bury Line along Davis Estates Road, Pet. 1. (4)consider accepting (7) right-of-way drainage easements within the boundaries of water shed IB3J, lateral to Buffalo Creek, from (D.O. Hartfield, Peggy Wrttenben, William Benton, Marie Young, Donna J. Dunlap, Kaye Cannon and Jennifer Hartmann), Pet. 1. (5)consider approval of grant application to H-GAC for recycling equipment for fiscal year 1998, Pet. 1.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve items 17(1) through 17(5) for Engineering.

Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage -yes Commissioner Meyers - yes Commissioner Lutts - absent

18. HEALm DEPARTMENT: consider approving On-Site Sewerage Facility plans submitted by River Pointe Community Church, Pet. 4.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve On-Site Sewerage Facility plans submitted by River Pointe Community Church, Pet. 4.

Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage -yes Commissioner Meyers -yes Commissioner Lutts - absent

5 APRIL I4, I 998

19. JUVENILE PROBATION: consider approving B-GAC Level of Service Certification for funding of Juvenile Justice Alternatives, up to a maximum of $33,600.00.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve H-GAC Level of Service Certification for funding of Juvenile Justice Alternatives, up to a maximum of $33,600.00.

Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage - yes Commissioner Meyers -yes Commissioner Lutts - absent

20. LIBRARY: consider approving the following for construction oCFulshearlSimonton Branch Library:

(l)pay application #9 in the amount oC$68,875.38 from Bass Construction Co.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve pay application #9 in the amount of $68,875.38 from Bass Construction Co.

Judge Rozell - not voting Commissioner O'Shieles -yes Commissioner Prestage - yes Commissioner Meyers -yes Commissioner Lutts - absent

(2)architect's supervision fee inthe amount oUl,408.00 from DiStefano-Santopetro Architects Ine. (Funds: 25017015 Bond Funds)

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve architect's supervision fee in the amount of $1,408.00 from DiStefano-Santopetro Architects Inc.

Judge Rozell -not voting Commissioner O'Shieles -yes Commissioner Prestage -yes Commissioner Meyers - yes Commissioner Lutts - absent

21. PARKS & RECREATION: consider request Corapproval of the Summer Food Service Program Application to Texas Department oCBuman Services, and request for $20,000.00 program funds, to be replaced with the first advance payment from TDBS.

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve the Summer Food Service Program Application to Texas Department of Human Services. Cancel advance.

Judge Rozell - not voting Commissioner Meyers - yes Commissioner O'Shieles -yes Commissioner Lutts - absent Commissioner Prestage -yes

6 APRIL 15, 1998

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to approve Public Telephone Letter of Authorization and Addendum to Letter of Authorization between Fort Bend County and GTE for Customer - Owned Pay Telephones at the East End Annex.

Judge Rozell - not voting Commissioner O'Shieles -yes Commissioner Prestage - yes Commissioner Meyers - yes Commissioner Lutts - absent

23. PURCHASING: (1) consider authorizing the purchase of the fonowing items from State of Texas Qualified Information Systems vendors:

a. Computer software from Solid Systems, Inc.

Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly put and unanimously carried (3-0), it is ordered to authorizing the purchase of computer software for MIS from Solid Systems, Inc., a State of Texas Qualified Information Systems vendors as presented by Debbie Kaminski, Assistant Purchasing Agent.

Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage -yes Commissioner Meyers - yes Commissioner Lutts - absent

b. Telephone equipment from Lucent Technologies.

Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly put and unanimously carried (3-0), it is ordered to authorizing the purchase of telephone equipment for Road & Bridge from Lucent Technologies, a State of Texas Qualified Information Systems vendors as presented by Debbie Kaminski, Assistant Purchasing Agent. Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage -yes Commissioner Meyers -yes Commissioner Lutts - absent

(2)consider authorizing contract negotiations with ADP for the privatization of County payroll process - RFP#98-024

Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put and unanimously carried (3-0), it is ordered to authorize contract negotiations with ADP for the privatization of County payroll process - RFP#98-024 as presented by Debbie Kaminski, Assistant Purchasing Agent.

Judge Rozell - not voting Commissioner Meyers - yes Commissioner O'Shieles -yes Commissioner Lutts - absent Commissioner Prestage -yes

7 APRIL 14, 1998

24. Approve bills.

Moved by Commissioner Meyers, Seconded by Commissioner Prestage, duly put and unanimously carried (3-0), it is ordered to approve bills as presented by Robert Grayless, County Auditor.

Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage -yes Commissioner Meyers -yes Commissioner Lutts - absent

Recess:

Recessed at 1:21 p.m.

Oosed Session:

Convened at 1:40 p.m. Adjourned at I :45 p.m.

Reconvene:

Reconvened at 1:46 p.m.

25. Meet in Oosed Session to discuss the foRowing matters: (l)Personnel Matters: Drainage District. as authorized by TX Gov. Code, Sec. 5511074; and consider taking action in Open Session.

Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly put and unanimously carried (3-0), it is ordered to authorize 2 step increase for Roger Dorr at grade 7 step 4 effective next pay period.

Judge Rozell - not voting Commissioner O'Shieles - yes Commissioner Prestage - yes Commissioner Meyers -yes Commissioner Lutts • absent

26. Adjournment.

Commissioners Court adjourned at I :51 p.m. on Tuesday, April 14, 1998.

8 ,.

one violent crime is committed in America every 19 seconds with a total of WHEREAS, 36.8 million victimizations of Americans occuring in the United States each year. Of those, 9.1 million are victims of violent crime. Because crime victims play an indispensable role in bringing offenders to justice, and law- abiding citizens are no less deserving of justice, rights, resources, restoration, and rehabilitation that the violent offenders who victimize them; and,

crime victims and their advocates over the past two decades have made WHEREAS, unparalleled progress in securing rights for crime victims in the criminal justice system; and

WHEREAS, the citizens across America believe that Victims' Rights are Right for America and the millions of survivors of crime and their families deserve justice, and as a nation devoted to liberty and justice for all, America must increase its efforts to protect, restore and expand crime victims' rights; and

Fort Bend County is joining forces with victim service programs, criminal WHEREAS, justice officials and concerned citizens throughout Fort Bend County and America to reaffirm a commitment to address victims' rights and criminal justice issues throughout 1998,

NOW, THEREFORE, I MICHAEL D. ROZELL, COUNTY JUDGE OF FORT BEND COUNTY, TEXAS, do hereby proclaim the week of April 19 to April 25, 1998 as

IN WITNESS WHEREOF,I have hereunto set my hand and have caused the Official Seal of the Office of the County Judge to be affIXed this the 19th day of April, 1998. _.- ..

volunteering is a powerful force for the solution of human problems, and the creative use of human resources is essential to a healthy, productive and humane society; and

WHEREAS, our nation's heritage is based on citizen involvement and citizen participation, volunteerism, is of enormous benefit in building a better community, a better sense of one's own being; and

WHEREAS, many county agencies that benefit from volunteers will be participating to show appreciation and recognition to the many volunteers among our citizenry who possess skills and talents which they generously and enthusiastically apply to a variety of community tasks and encourage others to participate in programs of volunteers; and

WHEREAS, all of our institutions, whether they are profit or non profit, public or private, ultimately rest on the committed work of individuals and it is right to offer a time to recognize volunteer commitments which are cherished and nurtured by America's citizen volunteers;

NOW, THEREFORE, I MICHAEL D. ROZELL, COUNTY JUDGE OF FORT BEND COUNTY, TEXAS, do hereby proclaim April 19-25, 1998 as

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the official Seal of the Office of the County Judge to be affIXed this the 19th day of April, 1998. $D.R!L~- COUNTY JUDGE , .....-".' . ,

. ,

WHEREAS, nearly 34,000 cases of child abuse and neglect were confirmed in Texas in Fiscal Year 1997; and

WHEREAS, in Fort Bend County there were 380 confirmed cases of child abuse in 1996; and

WHEREAS, child abuse and neglect are complex and ongoing problems in our society affecting great numbers of children; and

WHEREAS, every child is entitled to be loved, cared for, nurtured, and secure; and

WHEREAS, preventing child abuse is the responsibility of all citizens; and

WHEREAS, community action is needed to help families break the cycle of abuse;

NOW, THEREFORE, I, MICHAEL D. ROZELL, COUNTY JUDGE OF FORT BEND COUNTY, TEXAS, do hereby proclaim the month of April 1998 to be

and urge all citizens to work together to help reduce child abuse and neglect significantly in years to come. IN WITNESS WHEREOF, I have hereunto set my hand and have caused tire Official Seal of tire Offu:e of the County Judge to be affIXed this the 14tll day of April,I998. IN THE MATIER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY FOR THE YEAR 1998

On this the --l.L day of liph I a ' 1998, the Commissionel1l'Court,with the followingmembel1lbeingpresent:

~,~e~~~:~:~1 - ~::~s~~:~:rprecin~GEN9ft ITEM

Grady Prestage Commissioner Precinct #2 Andy Meyel1l CommissionerPrecinct#3 a 4 - a 3 - 9 8 A 1 a : 4 8 I N Bob Lutts CommissionerPrecinct#4

The following proceedings were had, to-writ,

THAT WHEREAS, theretofore, on October 14, 1997, the Court heard and approved the budget for the year 1998 for Fort Bend County; and

WHEREAS, on proper application, the Commissioners' Court has transferred and existing bUdget surplus to a bUdget of 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: Ul,,!

TRANSFER TO:

UNE~TEM NAME NUMBER AMOUNT

6/Q-Cfl6-fWO- L/OIO , 1,8DO ~

TOTAL TRANSFERRED TO: ..:$---""1---'~>L..------5, 700 ~ TRANSFER FROM:

0/0 -OM' ();<80·';bo, QI () -!J?t3' ogf!JO - 108 )

TOTAL TRANSFERRED FROM: ...:.$_~J'_!}.1>,7ooj!1__="'------

EXPLANATION: WL'tA fU I !Ill

Department Head: 98

THE COUNTY OF FORT BlfD

BY: '2J:J;;4 0- J

- --._---- IN THE MAnER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY FOR THE YEAR 1998

On this the 14 t:h day of _==:=...April __ ,1998, the Commissioners' Court, with the following members being present 98-04-07 MikeD. Rozell CountyJudge A 10 : 05 I N R.L. O'Shieles CommissionerPrecinct#1 Grady Prestage Commissioner Precinct #2 Andy Meyers Commissioner Precinct #3 AGENDA ITEM Bob Lutts Commissioner Precinct #4 -Ji:5' The following proceedings were had, to-writ,

THAT WHEREAS, theretofore, on October 14, 1997, the Court heard and approved the budget for the year 1998 for Fort Bend County; and

WH.EREAS, on proper application, the Commissioners' Court has transferred an existing budget surplus to a bUdget of a similar kind and fund. The transfer does not increase the total of the bUdget.

The following transfers to said bUdget are hereby authorized:

Road & Bridge 075

TRANSFER TO:

UNE-ITEM NAME NUMBER AMOUNT IU~~~7>~1)O. Property & Equipment .lnS 0'88 1010 $40,000.00 . ROAD SIGNS 105-075-0750-7004 25.000.00

TOTAL TRANSFERRED TO: ..:.$__ --=====65,000.00 _ TRANSFER FROM: PERMANENT IMPROVEMENTS 105-075-0750-1070 65,000.00

TOTAL TRANSFERREDFROM:~$ 65,000.00 __

EXPLANATION: PROPERTY AND EQUIPMENT TRANSFER IS PRE APPROVED BY JIM EDWARDS,

BUDGET OFFICER FOR PURCHASE OF PHONE SYSTEM FOR CRABB AND BEECHNUT SERVICE CENTERS.

"~"~m",~ em 71tj Date 3-7-'1<5 THE COUNTY OF FORT!::Ri:l!.)@pq@R~qNWY

BY: m--,,<-J.:....J.-' &f!4-->.Lf=+--- Mike D. Rozell, County Judge --- FORT BEND COUNTY TRAVEL AUTHORIZATION

AGEND/J\ iTEM TO: COMMISSIONERS COURT -#0 I hereby request permission for the following person(s) to make an official trip outside of Fort Bend County:

Portia Poindexter, First Assistant

DATEOFDEPARTURE:. __ ~~~~~~May 17, 1998 ___

DATE OF RETURN: May 21, 1998

DESTINATION: ------'=-=='-L....C=San Diego, Ca. _

PURPOSE OF TRIP: ------"=='--='-'-=-===--=-=-==--c=-"-'-"-'=.:o..---"---=c::...... -'-Annual Government Civil Practice Seminar ___

MODE OF TRANS PORTA TION: ~"""-"~""---Airline __

*********************************************************************************

DEPARTMENT HEAD APPROVAL: Ben W. Childers, County Attorney Name & Department

DATE:. ....:::..L=....,=-4/8/98 __ -..Ii'"-- ij ~'

*********************************************************************************

APPROVED COMMISSIONERS COURT: Presiding Official ~ tt ~

Date '1- / l/ - qe

(Emergency Approval: Date, )

WHrJ'EooPY·c « c_c.,. CANARYCOPY_l'ft.~.M¥aaco PINK COPY. AI1cll ToTn.vdl!.opmac GOLDENROD COPY.Oq:wtmml. FORT BEND COUNTY TRAVEL AUTHORIZATION

TO: COMMISSIONERS COURT AGEND

I hereby request permission for the following person(s) to make an official tri~JIcMrt Bend County: #~

Mary Shemanski

DATEOFDEPARTURE: __ ~~~~~~~August 22, 1998 _

DATE OF RETURN: August 28, 1998

DESTINATION: Edmonton, Alberta

PURPOSE OF TRIP: Attend MIX annual conference.

(Metropolitan Information Exchange)

MODE OF TRANSPORTATION: __ ....:..::..:=-==-=--Airline __

FUNDING SOURCE: MIS Conferences/Travel **********¥**********************************************************************

DEPARTMENT HEAD APPROVAL: Mary Shemanski, MIS Director Name & Department

DATE 4-'8-73' Sig:t!Jag£l~ )

*********************************************************************************

APPROVED COMMISSIONERS COURT: Presiding Official~i tqe.#(:.:..L--- Date _ 1-/ t( - c;/

(Emergency Approval: Date )

P[NK COPY-Aa&b TDn.. ... ~ GOLDENRODCOPY·D~ FORT BEND COUNTY TRAVEL AUTHORIZATION

TO: COMMISSIONERS COURT

I hereby request permission for the following person(s) to make an official trip outside of Fort Bend County:

Commissioner R. L. "Bud" 0' Shieles

DATE OF DEPARTURE:__ ==..L~_L..~~July 17, 1998 _

DATE OF RETURN: July 23, 1998

DESTINAnON: ~~-=":::::::'::':..L-==-Portland, ORE. _

PURPOSE OF TRIP: __ --=-~:::_=.,:=~=~_=~~~~~_===~To attend NACo Annual Conference ,___---

air lines

010 071 0710 0701

**********¥********************************************************************** R. L. "Bud" O'Shie1es C issioner Precinct *1 DEPARTMENT HEAD APPROVAL:NiiiTIe7ctc~~em:----;-----:;;------

DATE: 4/14/98

*********************************************************************************

APPROVED COMMISSIONERS COURT: Presiding Official ~ t.f! ~ Date c;I ItI- 9;;

(Emergency Approval: Date ------)

p~"X COpy _ To Tn.""" ~ GOLDENRODCOpy. D~ AGENDA ITEM 04-08-98 A09:28 IN -:It '7 Fort Bend Flood Control Water Supply Corporation Fort Bend County, Texas

March 25, 1998

Ms. Dana Benoit Fort Bend County Judge's Office 500 Jackson Jane Long Building, Room 103 Richmond, Texas 77469

Re: Fort Bend Flood Control Water Supply Corporation; Agenda Items

Dear Ms. Benoit

Please add the following items to the agenda for the Commissioners' Court Meeting on April 14, 1998:

I. Approve payment of bills.

Please call me at 713-960-1663 if you have any questions.

YO~kJ~

Gayle G. Kennedy Administrative Assistant 04-08-98 A09:29 IN

FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION BILLS TO BE PAID

March 25, 1998

Paul 1. Council Directors fee $ 300.00 fun Condrey Directors fee $ 100.00

A.J. Colbert Directors fee $ 100.00

Rick Zapalac Directors fee $ 300.00

Gayle G. Kennedy Services and Expenses for $ 360.00 the month of March

LJA Land Development Engineering fees $ 3,717.80 for February 1998

District Data Services, Inc. Bookkeeping services for February $ 441.05

Poe & Brown of Texas Insurance from 2/12/98 to 2/12/99 $ 4,078.00

NationsBank Service fee for 12/31107 $ 26.50

Vinson & Elkins L.L.P. Legal services through 1131/98 $ 3,180.81

First Southwest Company Arbitrage rebate calculation fee $ 4,000.00

TOTAL U6,604.16 UA Engineering & Surveying, Inc.

2929 Briarpar1l: Drive Phone 713.953.5200 Suite 500 Fax 713.953.5026 Houston, Texas 77042·3703 MAR I 91998

March 19,1998

The Honorable Judge Michael D. Rozell Fort Bend County Judge County Courthouse 500 Jackson Richmond, Texas 77469

Re: February 1998lnvoices Fort Bend Flood Control Water Supply Corporation

Dear Judge Rozell:

The enclosed invoices for work performed by consultants, contractors and the Board of Directors for the Fort Bend Flood Control Water Supply Corporation (FBFCWSC) have been reviewed by the Fort Bend County Drainage District and the FBFCWSC Bill Review Committee. The invoices were discussed at the March 25, 1998 FBFCWSC meeting of the Board of Directors and approved for payment.

We request that you place this item on the Fort Bend County Commissioners Court agenda for approval at the regularly scheduled meeting of April 7, 1998.

fhcd J; cJfpef. I v'ce - President, oard of Directors Fort Bend Flood Control Water Supply Corporation

DEGIDRldj

File: 67054.044 (H-4l4-0000-0044)

Enclosures

O:\ARODVE\I..AND\04I4\6 70S4\fEB98INV.L TR o REQUISITION CERTIFICATE NO. 1248

County Treasurer Fort Bend County, Texas

Pursuant to Section 2.05 of the Agreement between Fort Bend Flood Control Water Supply Corporation (the "Corporation") and Fort Bend County, Texas and Fort Bend County Drainage District relating to the issuance by the Corporation of its $20,325,000 Revenue Bonds, Series 1989 and $6,850,000 Revenue Bonds, Series 1995, such Agreement dated as of April 1, 1989 and the First Supplement to such Agreement dated April 18, 1995 (the "Agreement"), the County Treasurer of Fort Bend County is directed, upon execution of this certificate, to pay from the Corporation's Construction Fund the amount of to Paul 1. Council $ 300 00 for Directors fees for attending 3 meetings @ $ 100 00 per meeting.

On behalf of the Corporation, I, the undersigned Representative, do hereby certity as follows:

(I) The above described obligation has been incurred and is presently due and payable and has not been paid, or has previously been paid and reimbursement for such payment is appropriate; and that said obligation is a proper charge against the Construction Fund;

(2) Payment of such obligation is in conformance with restrictions on use of proceeds set forth in Section 7.02 of the Agreement; and

(3) No Event of Default has occurred and is continuing.

Approval of Payment from the Corporation's Construction Fund maintained at NationsBank, Richmond Branch in the amount of $ Three hundred dollars and non 00 for the purpose(s) described above is evidenced by my manual signature hereon and the approval of the Commissioner's Court of Fort Bend County evidenced hereon.

FORT BEND FLO()D ~ONTROL WATER SUPPLY CORPORATION

cil, Authorized Rep sentative 3-~-&l8 REQUISITION CERTIFICATE NO. 1249

County Treasurer Fort Bend County, Texas

Pursuant to Section 2.05 of the Agreement between Fort Bend Flood Control Water Supply Corporation (the "Corporation") and Fort Bend County, Texas and Fort Bend County Drainage District relating to the issuance by the Corporation of its $20,325,000 Revenue Bonds, Series 1989 and $6,850,000 Revenue Bonds, Series 1995, such Agreement dated as of April I, 1989 and the First Supplement to such Agreement dated April 18, 1995 (the" Agreement"), the County Treasurer of Fort Bend County is directed, upon execution of this certificate, to pay from the Corporation's Construction Fund the amount of

to Jim Condrey $ 100 00 for Directors fees for attending 1 meeting @ $ 100.00 per meeting.

On behalf of the Corporation, I, the undersigned Representative, do hereby certify as follows:

(1) The above described obligation has been incurred and is presently due and payable and has not been paid, or has previously been paid and reimbursement for such payment is appropriate; and that said obligation is a proper charge against the Construction Fund;

(2) Payment of such obligation is in conformance with restrictions on use of proceeds set forth in Section 7.02 of the Agreement; and

(3) No Event of Default has occurred and is continuing.

Approval of Payment from the Corporation's Construction Fund maintained at NationsBank, Richmond Branch in the amount of $ One hundred dollars and nolI 00

for the purpose(s) described above is evidenced by my manual signature hereon and the approval of the Commissioner's Court of Fort Bend County evidenced hereon.

FORT BEND FLOOD CONTROL WATER SUPPL y CORPORATION

ii, Authorized Representative

Date ,?-.o>5" -~ Z REQUISITION CERTIFICATE NO. 1250

County Treasurer Fort Bend County, Texas

Pursuant to Section 2.05 of the Agreement between Fort Bend Flood Control Water Supply Corporation (the "Corporation") and Fort Bend County, Texas and Fort Bend County Drainage District relating to the issuance by the Corporation of its $20,325,000 Revenue Bonds, Series 1989 and $6,850,000 Revenue Bonds, Series 1995, such Agreement dated as of April I, 1989 and the First Supplement to such Agreement dated April 18, 1995 (the "Agreement"), the County Treasurer of Fort Bend County is directed, upon execution of this certificate, to pay from the Corporation's Construction Fund the amount of to A 1. Colbert $ 100.00 for Directors fees for attending 1 meeting @ $ 100.00 per meeting.

On behalf of the Corporation, I, the undersigned Representative, do hereby certify as follows:

(2) Payment of such obligation is in conformance with restrictions on use of proceeds set forth in Section 7.02 of the Agreement; and

(3) No Event of Default has occurred and is continuing.

Approval of Payment from the Corporation's Construction Fund maintained at NationsBank, Richmond Branch in the amount of $ One hundred dollars and no/IOO for the purpose(s) described above is evidenced by my manual signature hereon and the approval of the Commissioner's Court of Fort Bend County evidenced hereon.

FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION

iI, Authorized Representative REOUISITION CERTIFICATE NO. 1251

County Treasurer Fort Bend County, Texas

Pursuant to Section 2.05 of the Agreement between Fort Bend Flood Control Water Supply Corporation (the "Corporation") and Fort Bend County, Texas and Fort Bend County Drainage District relating to the issuance by the Corporation of its $20,325,000 Revenue Bonds, Series 1989 and $6,850,000 Revenl.\eBonds, Series 1995, such Agreement dated as of April 1, 1989 and the First Supplement to such Agreement dated April 18, 1995 (the "Agreement"), the County Treasurer of Fort Bend County is directed, upon execution of this certificate, to pay from the Corporation's Construction Fund the amount of to Rick Zapalac $ 300 00 for Directors fees for attending 3 meetings @ $ 100 00 per meeting

On behalf of the Corporation, I, the undersigned Representative, do hereby certify as follows:

(2) Payment of such obligation is in conformance with restrictions on use of proceeds set forth in Section 7.02 of the Agreement; and

(3) No Event of Default has occurred and is continuing.

Approval of Payment from the Corporation's Construction Fund maintained at NationsBank, Richmond Branch in the amount of $ Three hundred dollars and nolI 00 for the purpose(s) described above is evidenced by my manual signature hereon and the approval of the Commissioner's Court of Fort Bend County evidenced hereon.

FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION

Date -----.:~=:..-.LJt.!.._ __

------REQUIsmON CERTIFICATE NO. 1252

County Treasurer Fort Bend County, Texas

Pursuant to Section 2.05 of the Agreement between Fort Bend Flood Control Water Supply Corporation (the "Corporation") and Fort Bend County, Texas and Fort Bend County Drainage District relating to the issuance by the Corporation of its $20,325,000 Revenue Bonds, Series 1989 and $6,850,000 Revenue Bonds, Series 1995, such Agreement dated as of April 1, 1989 and the First Supplement to such Agreement dated April 18, 1995 (the "Agreement"), the County Treasurer of Fort Bend County is directed, upon execution of this certificate, to pay from the Corporation's Construction Fund the amount of to Gayle G Kennedy $ 360.00 for Services and expenses for the month of March

On behalf of the Corporation, I, the undersigned Representative, do hereby certify as follows:

(2) Payment of such obligation is in conformance with restrictions on use of proceeds set forth in Section 7.02 of the Agreement; and

(3) No Event of Default has occurred and is continuing.

Approval of Payment from the Corporation's Construction Fund maintained at NationsBank, Richmond Branch in the amount of $ Three hundred sixty dollarS and 00/1 00 for the purpose(s) described above is evidenced by my manual signature hereon and the approval of the Commissioner's Court of Fort Bend County evidenced hereon.

FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION

Date, -=--=-=---<-""-__ REQUISITION CERTIFICATE NO. 1253

County Treasurer Fort Bend County, Texas

Pursuant to Section 2.05 of the Agreement between Fort Bend Flood Control Water Supply Corporation (the "Corporation") and Fort Bend County, Texas and Fort Bend County Drainage District relating to the issuance by the Corporation of its $20,325,000 Revenue Bonds, Series 1989 and $6,850,000 Revenue Bonds, Series 1995, such Agreement dated as of April 1, 1989 and the First Supplement to such Agreement dated April 18, 1995 (the "Agreement"), the County Treasurer of Fort Bend County is directed, upon execution of this certificate, to pay from the Corporation's Construction Fund the amount of to LJA Land Development $371780 for EnlPneerin~ fees for February 1998

On behalf of the Corporation, I, the undersigned Representative, do hereby certifY as follows:

(2) Payment of such obligation is in conformance with restrictions on use of proceeds set forth in Section 7.02 of the Agreement; and

(3) No Event of Default has occurred and is continuing.

Approval of Payment from the Corporation's Construction Fund maintained at NationsBank, Richmond Branch in the amount of $ Three thousand. seven hundred seventeen dollars and 80/100 for the purpose(s) described above is evidenced by my manual signature hereon and the approval of the Commissioner's Court of Fort Bend County evidenced hereon.

ii, Authorized Represe tative REQUISITION CERTIFICATE NO. 1254

County Treasurer Fort Bend County, Texas

Pursuant to Section 2.05 of the Agreement between Fort Bend Flood Control Water Supply Corporation (the "Corporation") and Fort Bend County, Texas and Fort Bend County Drainage District relating to the issuance by the Corporation of its $20,325,000 Revenue Bonds, Series 1989 and $6,850,000 Revenl.\eBonds, Series 1995, such Agreement dated as of April I, 1989 and the First Supplement to such Agreement dated April 18, 1995 (the "Agreement"), the County Treasurer of Fort Bend County is directed, upon execution of this certificate, to pay from the Corporation's Construction Fund the amount of

to District Data Services $ 441.05 for Bookkee.ping services for Februll!Y

On behalf of the Corporation, I, the undersigned Representative, do hereby certify as follows:

(2) Payment of such obligation is in conformance with restrictions on use of proceeds set forth in Section 7.02 of the Agreement; and

(3) No Event of Default has occurred and is continuing.

Approval of Payment from the Corporation's Construction Fund maintained at NationsBank, Richmond Branch in the amount of $ Four hundred forty-one dollars and 05/100

for the purpose(s) described above is evidenced by my manual signature hereon and the approval of the Commissioner's Court of Fort Bend County evidenced hereon.

FORT BEND FLOOD CONTROL WATER SUli>Pf-:¥-CTIRPORATlON

Date; ~~O..>:!.__'U!.. __ REQUISITION CERTIFICATE NO. 1255

County Treasurer Fort Bend County, Texas

Pursuant to Section 2.05 of the Agreement between Fort Bend Flood Control Water Supply Corporation (the "Corporation") and Fort Bend County, Texas and Fort Bend County Drainage District relating to the issuance by the Corporation of its $20,325,000 Revenue Bonds, Series 1989 and $6,850,000 Revenue Bonds, Series 1995, such Agreement dated as of April I, 1989 and the First Supplement to such Agreement dated April 18, 1995 (the "Agreement"), the County Treasurer of Fort Bend County is directed, upon execution of this certificate, to pay from the Corporation's Construction Fund the amount of: to Poe & Brown of Texas $ 4 078.00 for Insurance from 2/12/98 to 2112/99

On behalf of the Corporation, I, the undersigned Representative, do hereby certifY as follows:

(2) Payment of such obligation is in conformance with restrictions on use of proceeds set forth in Section 7.02 ofthe Agreement; and

(3) No Event of Default has occurred and is continuing.

Approval of Payment from the Corporation's Construction Fund maintained at NationsBank, Richmond Branch in the amount of $ Four thousand seventy-ei~ and 00/100

for the purpose(s) described above is evidenced by my manual signature hereon and the approval of the Commissioner's Court of Fort Bend County evidenced hereon.

FORT BEND FLOOD CONTROL WATER S PLY CORPORATION 1

Date -""'-=--=---L.C!O.-- REQUISITION CERTIFICATE NO. 1256

County Treasurer Fort Bend County, Texas

Pursuant to Section 2.05 of the Agreement between Fort Bend Flood Control Water Supply Corporation (the "Corporation") and Fort Bend County, Texas and Fort Bend County Drainage District relating to the issuance by the Corporation of its $20,325,000 Revenue Bonds, Series 1989 and $6,850,000 Revem~eBonds, Series 1995, such Agreement dated as of April 1, 1989 and the First Supplement to such Agreement dated April 18, 1995 (the "Agreement"), the County Treasurer of Fort Bend County is directed, upon execution of this certificate, to pay from the Corporation's Construction Fund the amount of: to NationsBank $ 26.50 for Account Analysis for December

On behalf of the Corporation, I, the undersigned Representative, do hereby certifY as follows:

(2) Payment of such obligation is in conformance with restrictions on use of proceeds set forth in Section 7.02 of the Agreement; and

(3) No Event of Default has occurred and is continuing.

Approval of Payment from the Corporation's Construction Fund maintained at NationsBank, Richmond Branch in the amount of $ Twenty-six dollars and 50/1 00

for the purpose(s) described above is evidenced by my manual signature hereon and the approval of the Commissioner's Court of Fort Bend County evidenced hereon.

FORT BEND FLOOD CONTROL WATER S CORPORATION

Date' ~~~'___.L!!:.-_ REQUISITION CERTIFICATE NO. 1257

County Treasurer Fort Bend County, Texas

Pursuant to Section 2.05 of the Agreement between Fort Bend Flood Control Water Supply Corporation (the "Corporation") and Fort Bend County, Texas and Fort Bend County Drainage District relating to the issuance by the Corporation of its $20,325,000 Revenue Bonds, Series 1989 and $6,850,000 Revenl\e Bonds, Series 1995, such Agreement dated as of April 1, 1989 and the First Supplement to such Agreement dated April 18, 1995 (the "Agreement"), the County Treasurer of Fort Bend County is directed, upon execution of this certificate, to pay from the Corporation's Construction Fund the amount of: to Vjnson & Elkins L.L P. $ 3 180.81 for Lellal Servieces throullh January 3 1 1998

On behalf of the Corporation, 1, the undersigned Representative, do hereby certify as follows:

(2) Payment of such obligation is in conformance with restrictions on use of proceeds set forth in Section 7.02 of the Agreement; and

(3) No Event of Default has occurred and is continuing.

Approval of Payment from the Corporation's Construction Fund maintained at NationsBank, Richmond Branch in the amount of $ Three thousand one hundred eighty dollars and 811100 for the purpose(s) described above is evidenced by my manual signature hereon and the approval of the Commissioner's Court of Fort Bend County evidenced hereon.

FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION 1 REQUISITION CERTIFICATE NO. 1258

County Treasurer Fort Bend County, Texas

Pursuant to Section 2.05 of the Agreement between Fort Bend Flood Control Water Supply Corporation (the "Corporation") and Fort Bend County, Texas and Fort Bend County Drainage District relating to the issuance by the Corporation of its $20,325,000 Revenue Bonds, Series 1989 and $6,850,000 Revenue Bonds, Series 1995, such Agreement dated as of April I, 1989 and the First Supplement to such Agreement dated April 18, 1995 (the "Agreement"), the County Treasurer of Fort Bend County is directed, upon execution of this certificate, to pay from the Corporation's Construction Fund the amount of to First Southwest Company $400000 for Arbitrllie rebate calculation fee

On behalf of the Corporation, I, the undersigned Representative, do hereby certifY as follows:

(2) Payment of such obligation is in conformance with restrictions on use of proceeds set forth in Section 7.02 of the Agreement; and

(3) No Event of Default has occurred and is continuing.

Approval of Payment from the Corporation's Construction Fund maintained at NationsBank, Richmond Branch in the amount of-,$ILF!:.ol.!Jul!!rcJtwh!l.!ouJ.!s~an!!!yd...ilan!!!yd..!.O~O!L/I!..IOl!.O!..------for the purpose(s) described above is evidenced by my manual signature hereon and the approval of the Commissioner's Court of Fort Bend County evidenced hereon.

FORT BEND FLOOD CONTROL WATER SlJJRPl,¥JC{ RPORATION

Date 3--S"·q~ FT BEND FLOOD CONTROL CORPORATION CASH ANALYSIS As Of 3/25/98 UPDA1ED I

ENDING CASH BALANCE AT LAST MEETING 2/25{98 $1,166,356.47

INTEREST INCOME $5,647.51

TOTAL RECEIPTS 5,647.51

TOTAL CASH AVAILABLE $1,172,003.98

EXPENDITURES: CHECK # PAYEE AMOUNT IC"='O':c:::::'------,C=H=E=C=K""'S'""'WR=""'ITT=E=N--- 11993 GAYLE KENNEDY 355.78 11994 PAUL JEFF COUNCIL 300.00 11995 A J COLBERT 100.00 11996 RICK ZAPALAC 300.00 11997 DON RUSSELL 100.00 11998 HOME LUMBER & HARDWARE 956.98 11999 VINSON & ELKINS 3,916.52 12000 WA LAND DEVELOPMENT 3,990.94 12001 D1SmICT DATA SERVICES 444.05 12002 NULL-LAIRSON 1,000.00

TOTAL EXPENDITURES $11,464.27

CURRENT CASH BALANCE 3{25{98 $1,160,539.71

IINVOICES IN HOUSE: MISSOURI CITY 26,000.00 WA LAND DEVELOPMENT 3,718.80

TOTAL FOR APPROVAL THIS MEETING: 29,718.80

FUNDS AVAILABLE IF APPROVED: $1,130,820.91 ~ FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION PROJECT f1.DCURNT.WK3 CONSTRUCTION FUND ANALYSIS I UPDATED I Revised Expended Total Budget through Costs to Revised Variance December 1994Mar 25,1998 Complete Total Cost Over (Under)

Construction Stafford Run 5,537,818 5,669,333 314,655 5,983,988 446,170 Middle Oyster Creek 7,032,939 6,981,051 0 6,981,051 (51,888) Flat Bank Creek 5,422,143 5,422,143 0 5,422,143 (0)

Engineering Stafford Run 667,529 705,533 1,717 707,250 39,721 Middle Oyster Creek 825,143 821,682 0 821,682 (3,461) Flat Bank Creek 629,654 629,654 0 629,654 (0)

Supplementary Engineering Services 1,016,674 1,210,157 (2,275) 1,207,882 191,208

LAND COSTS Land Acquisition Fees 2,549,921 2,406,033 38,275 2,444,308 (105,613)

Channel Right-of-Way Stafford Run 596,639 629,883 0 629,883 33,244 Middle Oyster Creek 533,744 533,744 0 533,744 0 Flat Bank Creek 1,204,119 1,204,119 0 1,204,119 0 Bum Phillips Repairs 0 126,691 0 126,691 126,691

Detention Pond Acreage 990,750 668,988 0 668,988 (321,762)

TOTAL LAND COSTS 5,875,173 5,569,458 38,275 5,607,733 (267,440)

(12,316) Permits 100,000 87,333 351 87,684

Pipeline Adjustments 1,620,000 1,660,782 0 1,660,782 40,782

Total Construction Cost 28,727,073 28,757,124 352,724 29,109,849 382,776 Interest (3,835,091) (4,332,373) 46,089 (4,286,284) (451,193) Constr Cost Less Interest 24,891,982 24,424,751 398,813 24,823,565 (68,417)

9,374 Issuance Expenses 274,179 283,553 0 283,553 Administration. Operations 136,398 & Market Study 842,760 854,795 124,363 979,158 0 Capitalized Interest 2,399,995 2,399,995 0 2,399,995 (685,000) Reserve 685,000 0 0 0 (607,646) TOTAL 29,093,916 27,963.094 523,176 28,486,270 FT BEND FLOOD CONmOL CORPORATION Analysis of Funds Available as of March 25, 1998 I UPDAlED I

Total Cash $1,130,821

Less: Less Estimated Cost to Complete Project 523,176

Available Balance (Deficit) $607,645 COMMISSIONER O'SHIELES Fax:281-342-0587 Apr 7 '98 13:56 P.Oli01

PRECINCT'1 COMMISSIONER AGENDA ITEM Fan Bend County, Teus -#,7

R.L. "8ud" O·Shiel•• (281) 344·9400 COUftt)'Commissioner Fa. (281) 342-0587

MEMORANDUM

TO: Mandi Bronsell County Judges's Office

FROM: Commissioner R. L. "Bud" O'Shieles

DATE: April?,1998

Please place the following on the Commissioners' Court Agenda for April 14, 1998:

I. Consider approving a resolution concerning the use of the proceeds of revenue bonds issued by the Tarrant County Health Facilities Development Corporation to finance certain costs, to reimburse certain costs, and to refinance certain outstanding obligations relating to a health facility located within the boundaries of Fort Bend County, Texas.

2. Consider approving an interlocal agreement with Child Advocates of Fort Bend County.

Cc: Commissioner Grady Prestage Commissioner Andy Meyers Commissioner Bob Lutts County Attorney Bud Childers

701 South Founh Street a PO 80x 762 • Richmond. Tex., 77406-0762 APR-12l7-1ggs 15:08 281 342 0587 g5% P.01 COUNTY ATTORNEY Fort Bend County, Texas

BEN W. "Bud" CHILDERS (281) 341-4555 County Attorney Fax (281) 341-4557

TO: County Judge Mike Rozell

FROM: Dennis Mo~s~istant County Attorney

DATE: 4113/98 \..;..¥1~

SUBJECT: Agenda Item No. 8/1- Resolution

I have reviewed the Resolution Concerning the use of the proceeds of Revenue Bonds issued by the Tarrant County Health Facilities Development Corporation to finance certain costs, to reimburse certain costs, and to refinance certain outstanding obligations relating to a health facility located within the boundaries of Fort Bend County, Texas.

The Tarrant County Health Facilities Development Corporation is proposing to loan a portion of the proceeds to Polly Ryon Memorial Hospital to finance the cost of acquiring, improving, remodeling, and equipping the health care facility.

The Resolution is approved as to form.

Ilj:bonds.res:3317

301 Jackson, Suite 621 • Richmond, Texas 77469-3108 ~. - .----~ .~., ...... _~- . _.. --- _.- -~~. •'r' 0.;;.'.. ~. u.,~.VAX III .8~0230 BEALTHSKARE/TMA 1Zl 001

DRAFT RESOLUTION CONCERNING TI1E USE OF THE PROCEEDS OF REVENUE BONDS ISSUED BY THE TARRANT COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION TO FINANCE CERTAIN COSTS. TO REI~6E CERTAIN COSTS. AND TO REFINANCE CERTAIN OUTSTANDING OBLIGATIONS RELATING TO A HEALTH FACIUTY LOCATED W1niiN THE BOUNDARIES OF FORT Br;ND COUNTY. 11:XAS

WHEREAS. the TM1Int County HMIth F8CiI_ Development CorporDxl (the nlleuer") .. CIMtIIc1 byTalJllnt County. T_. putluantto the plOllieiOns of the Iitilth FilCiIIIles De".IQpnI8l1t Ad, Chll5*t 221, T... H.1th _ SIlIIIly Code.(lh8 "Act"):

VIlHERI:AS, it hu been pRlllalDdthlit the .... l18ue lis IImhd Obligation revenue bonds (the "Bond.") and loan e portion of !tie proclBtll tMreor to PaIIy Ryon HoIpbI AultIorIty, a Texa Hotpb! Authollty (the '1IoIraJlll"",to II"... the coet of Icqultlng. lmpro\Ilng, remodeling, and Iqulpplng a h-'ltl flIclIliIy now known as the ~ Ryon MemorilII ~pltal which II Iocw .... It 1705 Jackeon Street, RlcImond. T.... wilhin ..... ,.... limits of Fort Bend County. T.... (the "County"), which health carll faCIlity is and will be UlI8d IS • 9enefll~ short tenn, IIClUl8 CIh hOIpitIl. to reimburIe the Builcaer tor the COlt of acquiring. Improving, nIiTIodeUng, and Iqulpping such .. lth care facilIly. and to id.-.nl» certain oullItInding obl108tIona of tho Boil ow. MIating to suctl heIIlh an fIIdIIy; .

WHEREAS. the County II • "apontortng enlllV" wtIhin the II IIIlIng rA the Ad:

WHEREAS, under the Ad. UIfJ of the proceeds of the IIorI$ to finance costs. 10 18imbu"" CGiIfII, and to reflnanoe ou.... ding obligations, rall1ting to a hUlth f8QIiIy 10* 111MGUIPtIIhe Iimlls of Te".nt County, Teu. end wllntn th8 IirniIs of the County 11IQw.. the conaent of the ~ ecx.t or 1he County (the "Carnmiesiclncn Coun"):

\MiEREAS, the Bonds are payable from nMnUe& to be peld by ~ 80rruMr and ... naI JMlYllbIB from taxes by Iny jurfldlction. including Tarrant County, Texas or the County;

WHEREAS, it ill deemed MClllII'Y and IdvlNble that this Resolution be adopted;

THEREFORE, BE IT RESOLVED BV TWE COMMISSIONERS COURT OF THE COUNNTHAT:

$71= 1: This Resolution I. 8dopted for lhe purpou of II8tIafying the conditions and l'IIquirerMlltl or Siction 221.030 of the Nit.

f ~;:xJ""UII"..L.~~~"" u ~~c..'?.r:..~~:~~l.-.,)qL-lJ:)l:S( Hpr b .~~ lU:lb u"u~r" Fa! D':~lFAX 511 4~~ 023D RE'LTBSRARE~ fjlOOI

he "... 2: The County. 8Cting by and thfough lIB comrnidioners Court. con.. " to the .anee by the 1.... 1' 01 ita limited ot'Iigllcn revenue bonds and !he loan 01. portion oIlhe proceedalhereof to the Boi.c ... r genel'lllly fer the fiMncing and retInancIng ~ to • health flIc:Illty known .. t~ Pol¥ RVOn MemorieI Hoap", Ice II Id lit '705 Jaalcscn Street. Richmond. Teus.

8IcIjpn 3: The County, ac:tIng bV and through II CommIssIonen; Court, tllll1lby aJnMnS to 1he IaIoance of Ihe Bonft by the lauer, upon euch terms .. the 1M..,. 1un. eppiapot ....

Sr7I!oo 4~ The CommlnlOll8lS Court oIlhe County ~ each fMITIber 01 the Cornmialion8rs Court .. har8b¥ authorized. jointly and ~. to execlile ... delNer Iuah endor.menbl, iMtrurnenta. OIl'tItIc:ldM. document&. Dr PIIPI"S .,...2 .. ry and a&MIlIbI. to CMY out the intent.nd PUrpoMl of '*ReIOlUlIon. $-1iDO 5. The Resolution 'hen take IIf1'ect rnmecIiately from and -tIflIer • adOption.

PASSED AND APPROVEO ,., •.

COMMISSIONERS COURT OF FORT BEND COUNlY

By:._------MIme: ------_. Tille: ------

Mis S ..... THE STATE OF TEXAS §

COUNTY OF FORT BEND §

AGREEMENT BETWEEN FORT BEND COUNTY AND CHILD ADVOCATES

This Agreement made effective this 14th day of April, 1998 by and between Fort Bend

County, Texas (hereinafter referred to as the "County"), a body corporate and politic, acting herein by and through its Commissioners' Court, and Child Advocates of Fort Bend County (hereinafter referred to as "CASA") a non-profit corporation authorized under the laws of the State of Texas, acting by and through its duly authorized officers.

WITNESSETH:

WHEREAS, the County is authorized to provide for services to and support of children in need of protection and care pursuant to Section 264.006, Texas Family Code; and,

WHEREAS, County desires to provide services to child victims of sexual and serious physical abuse in Fort Bend County; and,

WHEREAS, CASA desires to assist the County with services to child victims.

NOW THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties hereby agree as follows:

I. Services 1.01 CASA shall continue to perform the services through its Program Director as previously agreed. 1.02 County shall provide for the digging of a hole and miscellaneous dirt work on the new CASA site.

I II. Consideration 2.01 CASA shall continue to perform and provide the needed services to the County for its children. III. Report

3.01 CASA agrees to provide the County with an annual report of its operations on or before December 31,1998. IV. Indemnification

4.01 CASA agrees to and shall indemnifY, defend and hold harmless the County and its elected officials, officers, employees and agents, from and against any and all claims, losses, damage, causes of action, suits, and liability of any kind, including all expenses oflitigation, court costs, attorney's fees, arbitration, mediation, or administrative hearing costs and awards, for bodily injury, sickness, disease or death of any person, or for damage to or destruction of any property, including consequential damages arising out of or resulting from the acts, errors and omissions of CAS A, its agents, officers, employees and volunteers under this Agreement. V. Miscellaneous

5.01 TIris Agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Fort Bend County, Texas. 5.02 In the event one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.03 CASA shall comply with all applicable laws, ordinances and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 5.04 The waiver by either party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach.

2 5.05 Any amendments of this agreement shall be of no effect unless in writing and signed by both parties hereto.

VI. Notices

8.01 Notices, correspondence, and all other communications shall be addressed to Fort Bend County Commissioners' Court and submitted to the following representative: Michael D. Rozell Fort Bend County Judge 301 Jackson, Suite 719 Richmond, Texas 77469 713 341-8608 Fax: 713 341-8609

Notices to CASA shall be delivered to: Child Advocates of Fort Bend County Inc. Linda Shultz, Executive Director P.O. Box 1032 Richmond, Texas 77406 Phone: (281) 341-9955 Fax: (281)341-0798

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

FORT BEND COUNTY //' By: Lm:4 J.f! j( tJ!£ Michael D. Rozell, County Judge Date: ~- /(,1'- CJJI

....~TTE: . i c',:, -

CHILD ADVOCATES OF FORT BEND COUNTY INC.

By:

Date:

3 STATE OF TEXAS §

COUNTY OF FORT BEND §

ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTE THE AGREEMENT BETWEEN FORT BEND COUNTY AND CHILD ADVOCATES OF FORT BEND COUNTY INC.

On this the 14th day of April, 1998, the Commissioners Court of Fort Bend County, Texas, upon motion of Commissioner D'~: 11 .0) , seconded by Commissioner

IT IS ORDERED that the Fort Bend County Judge be and is hereby authorized to execute the Agreement with Child Advocates of Fort Bend County Inc. for services to CASA for the digging of a hole and miscellaneous dirt work at the CASA site. Said Agreement is incorporated herein by reference for all purposes as though fully set forth herein word for word.

4 THE STATE OF TEXAS §

COUNTY OF FORT BEND §

AGREEMENT BETWEEN FORT BEND COUNTY AND CHILD ADVOCATES

This Agreement made effective this 14th day of April, 1998 by and between Fort Bend

WITNESSETH:

WHEREAS, the County is authorized to provide for services to and support of children in need of protection and care pursuant to Section 264.006, Texas Family Code; and,

WHEREAS, County desires to provide services to child victims of sexual and serious physical abuse in Fort Bend County; and,

WHEREAS, CASA desires to assist the County with services to child victims.

NOW THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties hereby agree as follows:

I II. Consideration 2.01 CASA shall continue to perform and provide the needed services to the County for its children. III. Report

3.01 CASA agrees to provide the County with an annual report of its operations on or before December 31,1998. IV. Indemnification

4.01 CASA agrees to and shall indemnify, defend and hold harmless the County and its elected officials, officers, employees and agents, from and against any and all claims, losses, damage, causes of action, suits, and liability of any kind, including all expenses oflitigation, court costs, attorney's fees, arbitration, mediation, or administrative hearing costs and awards, for bodily injury, sickness, disease or death of any person, or for damage to or destruction of any property, including consequential damages arising out of or resulting from the acts, errors and omissions of CASA, its agents, officers, employees and volunteers under this Agreement. V. Miscellaneous

5.01 This Agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Fort Bend County, Texas. 5.02 In the event one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.03 CASA shall comply with all applicable laws, ordinances and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 5.04 The waiver by either party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach.

2 5.05 Any amendments of this agreement shall be of no effect unless in writing and signed by both parties hereto. VI. Notices

Notices to CASA shall be delivered to: Child Advocates of Fort Bend County Inc. Linda Shultz, Executive Director P.O. Box 1032 Richmond, Texas 77406 Phone: (281) 341-9955 Fax: (281 )341-0798

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. FORT BEND COUNTY ~

By: f1114 if~ Michael D. Rozell, County Judge Date: 0- I yo' - 9§

CHILD ADVOCATES OF FORT BEND COUNTY INC.

By:

Date:

3 COUNTY ATTORNEY Fort Bend County, Texas AGENOA\TEM =IF 9

BEN W. "Bud" CHILDERS (281) 341·4555 County Attorney Fax (281) 341-4557

TO: Mandi Bronsell cc: Commissioners Rodney Pentecost - Constable Dept. Pct 2

FROM: Laura Johnson

DATE: 4/9/98

SUBJECT: Agenda item

Please place the following on the agenda for April 14, 1998.

Under Precinct Two

Contract Deputy Agreement between Fort Bend County and Ridgemont Community Improvement Association.

Thanks

301 Jackson, Suite 621 • Richmond, Texas 77469-3108 THE STATE OF TEXAS §

COUNTY OF FORT BEND §

ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTE THE CONTRACT DEPUTY AGREEMENT BETWEEN FORT BEND COUNTY AND RIDGEMONT COMMUNITY IMPROVEMENT ASSOCIATION

On this the ~ day of ~ ' 1998, the Commissioners Court of Fort Bend County, Texas, upon motion of Commissioner i.Lru"",-,ota~~"'"""'tl , ~ seconded by Commissioner D'~b) duly put and carried;

IT IS ORDERED that the Fort Bend County Judge is hereby authorized to execute the

Contract Deputy Agreement with Ridgemont Community Improvement Association for patrol

services by the office of Constable Precinct Two, Said Agreement is attached hereto for all purposes as though fully set forth herein word for word. ORIGINAL THE STATE OF TEXAS §

COUNTY OF FORT BEND §

AGREEMENT BETWEEN FORT BEND COUNTY AND RIDGEMONT COMMUNITY IMPROVEMENT ASSOCIATION

THIS AGREEMENT is made and entered into by and between FORT BEND COUNTY, hereinafter referred to as "County", a body corporate and politic acting herein by and through its Commissioners' Court and Ridgemont Community Improvement Association, hereinafter referred to as "Association".

WHEREAS, the County and Association desire to protect the public interest by providing law enforcement by the County in accordance with Chapter 351.062 of the Texas Local Government Code; and,

WHEREAS, the Association agrees to pay 95% of the cost to the County for supplying the law enforcement services; including salary and any additional expenses the County may incur in providing the services under Chapter 351 of the Texas Local Government Code, plus a 3% Administrative fee on the Association's percentage; and, WHEREAS, the Constable of Precinct Two of Fort Bend County, who has law enforcement authority in the geographical area, agrees to provide the services of law enforcement officers; and, WHEREAS, the time provided by the law enforcement officers is divided between the Association and County in this contract as follows: 95% to the Association 5% to the County; and

WHEREAS, Chapter 351.062 of the Texas Local Government Code states the costs for these services are to be prorated between the parties as contracted; and,

WHEREAS, the Association lies in the corporate limits of the City of Houston; and, WHEREAS, this Agreement is subject to the approval of the Houston City Council, the governing body of the municipality.

NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties, it is AGREED as follows: Section I DEFINITIONS

For the purpose of this Agreement, the following terms shall mean:

1.01 Area: Refers to the area commonly known as Ridgemont Sections Six and Seven

and more particularly described in the map records of the County Clerk of Fort Bend County, Texas.

1.02 Working Time: means the usual or normal hours that the deputies are required to

work in any calendar month and does not include any extra or overtime work as provided in the Fort

Bend County Personnel Manual. The time the deputies are on duty within the area, the time the

deputies are in court in connection with cases arising out of events occurring within the area, the

time the deputies spend preparing reports and documents pertaining to events occurring in the area,

the time the deputies spend making preparations to provide law enforcement in the area, the time the

deputies spend transporting persons arrested in the area to jail, the time the deputies spend

investigating crimes or possible crimes committed in the area, and ninety-five percent (95%) of the

time the deputies are on sick leave shall be deemed working time devoted to the area. The items

listed above are explanatory and the meaning of "working time devoted to the area" is not limited to said list.

Section II PURPOSE

2.01 The purpose of this Agreement is to provide law enforcement protection by Fort Bend County to the area.

Section III TERM

3.01 The initial term of this Agreement shall commence on March I, 1998 and end on

December 31, 1998, unless sooner terminated as provided in this Agreement.

2 3.02 This Agreement may be terminated by either party for any reason by giving thirty

(30) days written notice of the intent to terminate.

3.03 If the term of this Agreement is terminated at any time other than at the end of a contract month, the monthly installment or payment for such contract month shall be prorated.

Section IV SERVICES PROVIDED BY THE COUNTY

4.01 The County by and through the Constable's office of Precinct Two agrees to provide the following:

a. One deputy to work 32 hours per week, and two additional deputies to work 40 hours

each, ( hereinafter referred to as "deputies") to devote 95% of their working time to that certain area

in Fort Bend County, Texas, known as Ridgemont.

b. The deputies shall perform duties under this Agreement in the same manner as if the

deputies were performing the duties in the absence of an Agreement.

c. The deputies shall submit written copies of any felony offense report and subsequent

copies of investigative reports to the Sheriff and the Houston Police Department which serves the

area under this Agreement.

d. The deputies performing the duties shall promptly notify the Houston Police Department

of the receipt and response to a complaint constituting a felony offense and on request shall secure

and preserve the scene of the offense for a reasonable time until the arrival of a representative of the

Houston Police Department.

e. Shall notify Association at least ten (10) days prior to taking vacation time by the deputies

and notify the Association as soon as possible when the deputies are on sick leave.

3 f. Appoint the above-designated deputies desired by the Association, effective at the beginning of the period mentioned in Section III of this Agreement, as to enable (but not required) the Constable to appoint said deputies to devote 95% of their working time to the said area in Fort

Bend County, Texas.

Section V AUTHORITY

5.01 The County, by and through the Constable of Precinct Two, retains authority to supervise the deputies providing the services and, in an emergency, may assign the deputies to duties other than those to be performed under this Agreement.

Section VI COUNTY EMPLOYEES

6.01 The deputies performing duties under this Agreement remain County Employees, subject to the same benefits and restrictions as any other deputy.

Section VII PAYMENT BY ASSOCIA nON

7.01 All payments to Fort Bend County shall be remitted to the office of the County

Treasurer, 301 Jackson Street, 5th Floor, Richmond, Texas 77469, Attention: Kathy Hynson.

7.02 The Association agrees to pay Fort Bend County the sum of SIXTY-FOUR

THOUSAND EIGHT HUNDRED THIRTY-EIGHT AND 04/100 DOLLARS ($64,838.04) to be used by Fort Bend County for the purpose of paying 95% of the salary and expenses of said deputies for a period often months beginning March I, 1998. This amount also represents the 3%

Administrative Fee.

4 7.03 The said sum shall be due and payable in ten (10) equal monthly installments of

($6,483.81). Each monthly installment shall be due and payable on or before the same day of each succeeding calendar month.

7.04 If any installment is for a fraction of a contract month (or pursuant to Section 3.03), the amount of such last installment shall be such fraction or prorated part of the regular monthly installment.

Section VIII INCREASES

8.01 Association agrees to pay any of the following increases of the deputies allowances and/or benefits that may occur during the term of this Agreement:

1. Social Security 2. Retirement 3. Workers Compensation/Unemployment 4. Health and Life Insurance 5. Death and Dismemberment Insurance 6. Deputies car allowance 7. Salary 8.02 Upon thirty (30) days notice by the County to the Association of such increases, the

Association shall pay in accordance with §7.01 and §7.03.

Section IX REFUND

9.01 It is further understood and agreed that this Agreement is not intended (nor shall it be construed) to obligate the Constable of Precinct Two in any manner whatsoever, and that the

County shall have no liability whatsoever to the Association other than to refund the money paid by the Association to County pursuant to this Agreement if the Constable of Precinct Two does not assign a deputy to devote substantially 95% of hislher working time to said area. If the deputies are

5 removed from such assignment or iff or some other reason the deputies do not devote substantially

95% of their working time to said area for the said period of one year, then and in that event, the

Association shall be obligated to pay the County only a proportionate part of the annual sum, and

if the amount paid by the Association to the County exceeds said proportionate part, the Association

shall be entitled to a refund from the County of the excess amount paid. Any and all questions as

to whether or not the deputies devoted substantially 95% of their working time to an area would be

determined by the Constable of Precinct Two. Any refund that would be due is determined by the

Fort Bend County Auditor and his determination shall be final and conclusive.

Section X ASSIGNMENTS

10.01 This Agreement is not assignable.

Section XI HOLD HARMLESS

11.01 The Association agrees for themselves, their heirs, assigns, and legal representatives to release and hold harmless the Commissioners' Court of Fort Bend County, Texas and any and all of its officials, staff, employees and servants wheresoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained while performing under the terms of this Agreement.

Section XII SEVERABILITY

12.01 The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this contract or the application thereof, to any person or circumstance, shall ever be held by any court or regulatory authority of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this agreement and the application of such work, phrase, clause, sentence, paragraph, section or other part of this Agreement to other

6 persons or circumstances shall not be affected thereby, unless in the opinion of the County, the

purposes of this Agreement have been rendered useless.

Section XIII ENTIRE AGREEMENT; REOUIREMENT OF A WRITING

13.01 It is understood and agreed that the entire agreement of the parties is contained herein

and that this Agreement supersedes all oral agreements and negotiations between the parties relating

to the subject matter hereof as well as any previous agreements presently in effect between the

parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of

the provisions of this Agreement shall be valid only when expressed in writing and duly signed by

the parties.

Section XIV APPROVAL OF CITY

14.01 It is understood and agreed that, pursuant to §351.067, Local Government Code, this Agreement is subject to the approval (or the failure to disapprove) of the governing body of the incorporated city within which corporate limits the area lies. Such approval (or failure to disapprove) must occur by the 30th day after the date this Agreement is received by the City offices. It is further understood and agreed that, upon thirty (30) days written notice from the City to the County, this approval may be withdrawn and, thereby, this Agreement terminated. Section XV NOTICE

15.01 Notices, correspondence, and all other communications shall be postage prepaid certified or registered mail addressed to the Fort Bend County Commissioners' Court and submitted to the following representative: Fort Bend County 301 Jackson, Suite 719 Richmond, Texas 77469 Attn: Michael D. Rozell

7 Notice to Association shall be delivered to:

Ridgemont Community Improvement Association c/o Barry Reed, President 5I07 Ridge Creek Circle Houston, Texas 77053 !L '/1 SIGNED this -f!i- day of ~1'k.J('-=~ "1998.

FORT BEND COUNTY

By: ~d~ ~tPMic clD. RoZell,~~y Judge

RIDGEMONT COMMUNITY IMPROVEMENT ASSOCIATION 1';

By:

Title:

Date: LI-7- 91

CITY OF HOUSTON

By: Mayor

Date:

DDM: lj\f: \patrol\ridgmnt. agr;304 2( 0 t 2298)

8 EXHIBIT "A"

COST OF SERVICE

Subdivision: Ridgemont

Start Date:

3 Deputies - 112 hours per week @ $11.39 per hour:

Bi-week1y Salary $ 2551.36 FICA 195.19 Retirement 178.61 Workers' Compensation 82.94 Unemployment 3.84

Bi-weekly total $ 3,011.94

Total Salary (22 pay periods) $66,262.68

Community Association Cost (95%) $62,949.55 Plus 3% Administrative Fee 1.888.49

Total Cost to Ridgemont $64,838.04

Fort Bend County Cost (5%) 3,313.14

Ridgemont (10 monthly installments of$6,483.81) COMMISSIONER PRECINCT 3 Fort Bend County, Texas

W.A. "Andy" Meyers Commissioner 0/,-09-98 P02 :54 IN

MEMO

DATE: April 8, 1998

TO: County Judge Commissioners Court

FROM: Commissioner Meyers f

RE: Agenda Item for April 14~

Please place the following item on the Apri114~ Commissioners Court:

Consider approving Fort Bend County / Fort Bend Drainage District Vehicle Policy.

Thank You;

1809 Eldridge' Sugar Land, Texas 77478 • (281) 494-1199 RISK MANAGEMENT DEPARTMENT Fort Bend County, Texas

TO: All Drivers/Operators of Fort Bend County Vehicles

FROM: Fort Bend County Risk Management Department

DATE: April 21, 1998

RE: Vehicle Policy

Attached is copy of the Fort Bend CountylFort Bend Drainage District Vehicle Policy that was approved in Commissioners Court on April 14, 1998. 1bis policy is to be implemented by May I, 1998.

Please read this policy so that you may become familiar with all rules and regulations that apply to you while operating a County vehicle. As part of this policy, you will be required to fill out the Fort Bend County Authorized Driver Information Form that is attached to the back of the policy. All information must be turned into the Risk Management Department(Attention: Eileen Fauver) and verified before you will be eligible to operate a County Vehicle. Department heads will be required to submit a list of all drivers in their respective departments. Commissioners Court will approve all employees who are eligible to take a vehicle home, prior to being assigned a vehicle.

It is imperative that you return all information that is required within the Fort Bend County Authorized Driver Information Form by May I, 1998. If your information is not received by then, you will not be eligible to operate a County vehicle.

We appreciate your prompt attention in this matter.

Thank you.

301 Jackson, Richmond. Texas 77469 • (281) 341-8630· Fax (281) 341-3751 FORT BEND COUNTY/FORT BEND DRAINAGE DISTRICT VEHICLE POLICY

I. PURPOSE

To increase efficiency in County governmental operations, the Fort Bend County Commissioners Court has formulated a policy which will maximize the County's vehicle resources. The purpose of this policy is to establish the County's guidelines in the assignment and use of County-Owned vehicles and the designation of vehicle allowances.

II. ROLE OF THE COMMISSIONERS COURT

The Commissioners Court, as the policy development and budgetary control unit of county government, shall be the final authority in determining the utilization of the County's vehicle resources. The policy is subject to revision at any time by the Commissioners Court. The vehicle allowance and mileage reimbursement rates shall be reviewed annually during the budgetary process and set at the beginning of each fiscal year.

III. CATEGORIES OF VEHICLES

This policy shall affect seven (7) categories of County vehicles:

1. ROAD & BRIDGE SUPPORT VEHICLES. Road & Bridge support vehicles are those vehicles whose main purpose is to support road construction and maintenance. These vehicles include, but are not limited to, pick-ups, dump trucks, fuel trucks, and other vehicles, including vehicles assigned to the Parks Department.

2. POOL VEHICLES. Pool vehicles are those vehicles assigned to departments which are utilized by County officials and employees in the performance of their duties. These vehicles include, but are not limited to, automobiles, transport vehicles, law enforcement vehicles, supply vehicles, probation vehicles, utility vehicles and pick-ups not utilized as road & bridge support vehicles, and other such vehicles. Automobiles, law enforcement vehicles, probation vehicles, utility vehicles and pick-ups may be assigned to an employee to take home upon recommendation of the department head and approval of Commissioners Court.

3. FORFEITED VEHICLES. Vehicles seized by County law enforcement agencies are those vehicles which are legally seized and forfeited to the seizing County law enforcement agency by the appropriate judicial body.

4. GRANT VEHICLES. Grant vehicles are those vehicles which are purchased or leased solely by non-County grant funds and whose operation, upkeep, and insurance are paid for entirely by grant funds.

5. VEHICLE MAINTENANCE/POOL VEHICLES. Vehicles held in reserve at Vehicle Maintenance, Drainage Vehicle Maintenance or Road & Bridge Vehicle Maintenance which may be assigned on an as-needed basis. 6. CONTRACT VEHICLES. Contract vehicles are those vehicles paid for by entities other than the County and are to be used according to the contract. At the end of the contract the vehicles shall remain the property of the County.

7. DEPARTMENT HEAD VEHICLES. Department head vehicles are those vehicles which are utilized by County department heads in the performance of their managerial and departmental duties. Automobiles, pickups and utility vehicles may be assigned to officials/department heads to take home upon approval by Commissioners Court.

IV. ASSIGNMENT OF VEHICLES

The acquisition and assignment of County vehicles shall be strictly controlled by the Commissioners Court through the budgetary process. Upon acquisition, the Purchasing Agent will reflect the vehicle's acquisition in the County's fixed asset inventory records.

2. County-owned vehicles will be assigned only to those departments and officials/employees who must have access to an automobile in order to carry out their duties. All departments with County-owned vehicles will provide Commissioners Court (or its designee) with a list of all departmental vehicles and vehicle assignments with a corresponding justification at intervals to be established by the Court. Commissioners Court will make the final determination regarding the assignment and use of County- owned vehicles.

3. All officials/employees driving a County-owned vehicle must have a valid Texas driver's license with a classification which allows for operation of the assigned vehicle. If during the course of employment an official/employee loses hislher driver's license due to suspension or non-renewal, the employee shall immediately notify hislher department head, and the official shall notify Commissioners Court. It shall be the department head's responsibility to ensure that each of hislher employees possess a valid Texas drivers license with the proper classification to operate the employee's assigned vehicle. Improper use of a County vehicle shall be subject to disciplinary action. Improper use shall include, but is not limited to, (a) having three(3) or more moving violations assigned against a driver's license over a three (3) year period; and/or (b) driving a County vehicle while intoxicated or under the influence of alcohol or an illegal narcotic drug. Should an official/employee cause excessive wear or damage to a vehicle through abusive driving or failure to have the vehicle properly maintained, Commissioners Court may require the official/employee to reimburse the County for the cost of the excessive wear and/or damage.

4. All officials/employees who operate a county owned vehicle must fill out the Fort Bend County Authorized Driver Information Form, to the satisfaction of Risk Management.

5. Vehicles may be assigned to individual officials/employees and may be taken home only if:

I) The Commissioners Court has approved the assignment;

2) The official/employee drives a vehicle at least an average 900 miles per month on County business, and

3) The official/employee routinely (at least twice a week) departs hislher residence and goes directly to a meeting or job site without first going to the official/employee's home office, or routinely travels to meetings or functions related to hislher specific duties and responsibilities after nonnal business hours or on weekends or hislher duties require the official/employee to be routinely "on call" and they are routinely called to an emergency or work.

4) The officiaVemployee lives in Fort Bend County or in a county contiguous to Fort Bend but within a 25 mile radius oftheir office.

All such assignments shall be considered temporary subject to review and revocation at any time. Each department shall maintain a listing ofthose officials/employees authorized to take a County vehicle home and a copy shall be furnished to Vehicle Maintenance and the County Auditor. Vehicles may be used only for work-related duties and to drive to and from work. They may be used for no other purpose except in an emergency, or for trips completely incidental to work, or driving to or from work.

Only County officials/employees are authorized to drive a County vehicle.

In the event of an accident involving a County-owned vehicle being used by an officiaVemployee for personal reasons, the officiaVemployee will be fully liable for all damage and/or injuries sustained to all parties in the accident.

6. All drivers of County vehicles, and those using their personal vehicles on County business, shall comply with all applicable state and local laws. It will be the responsibility of the official/employee to pay any fines imposed for not complying with such laws.

7. An employee may not routinely be assigned a road & bridge support vehicle as a take-home vehicle. In case of emergency or special situations, the Road & Bridge Commissioner may authorize his employee to take a road & bridge support vehicle home. However, this authorization should be exercised sparingly.

8. An employee may not be assigned a pool vehicle as a take-home vehicle unless specifically authorized under Section IV of this policy.

9. A department head may be assigned a department head vehicle and use it as a take-home vehicle if the Commissioners Court determines that the vehicle is an essential tool needed to perform his or her duties and if the department head is subject to a continuous on-call status.

10. A Vehicle Maintenance vehicle, if available, may be used for out-of-county trips, as a temporary replacement for a wrecked or disabled vehicle, or for other County business subject to authorization and approval by the Vehicle Maintenance supervisor and Commissioners Court's ratification.

II. If the County-owned vehicle is driven out of the County on official business, actual gasoline and repair expenditures shall be reimbursed upon proper documentation and department head approval.

12. No vehicle may be operated outside the Continental U. S.

V. VEHICLE ALLOWANCES

The Commissioners Court may grant a vehicle allowance to any officiaVemployee deemed appropriate. Generally, a vehicle allowance shall be granted as additional compensation for the officiaVemployee. I) [n order to receive a vehicle allowance, the officiaVemployee must furnish the Budget and Risk Management Departments the following information:

a) Copy of current Texas driver's license.

b) A certificate of insurance or a copy of a currently in-force insurance policy indicating that the minimum State requirements for liability coverage have been met.

c) Subsequent renewals should be forwarded to the Budget and Risk Management Departments to replace outdated information for items (a) and (b) above.

2) The vehicle allowance will be paid one half on each payday of the month and will be subject to FICA, TCDRS, and Federal Income Tax withholding.

3) In the event that an official/employee receiving a vehicle allowance travels out of the County on official business, reimbursement at the rate of one-half (1/2) of the amount allowed by the Internal Revenue Service for travel reimbursement will be paid. For budget purposes, the rate set on January I of each year will be used during the next fiscaVbudget year and remain constant during that fiscal year. The amount paid represents the operating cost excluding the cost ofthe vehicle.

4) Vehicle allowances are not included as wages for the purpose of pay for performance or any other percentage driven compensation system. However, after the initial car allowance is set, the amount of the allowance shall be automatically adjusted at the beginning of each fiscal year by an amount equal to the percentage change in the IRS rate for mileage reimbursement existing at the beginning of the fiscal year from the rate in effect at the beginning of the prior fiscal year. The amount of the allowance, as adjusted, shall be rounded down to the nearest whole dollar.

5) Officials/employees assigned designated parking spaces must furnish a vehicle description and license plate number to the Building Maintenance Supervisor for all vehicles expected to be parked in the designated space.

VI. MILEAGE REIMBURSEMENT

All officials/employees who do not receive a car allowance, and who drive their personal vehicles on official business will be reimbursed at the rate established by the Commissioners Court. The Commissioners Court hereby establishes that the reimbursement rate be equal to the then current IRS guidelines for expense reimbursement for business use of a personal vehicle, and that the rate for mileage reimbursement is the IRS rate which exists at the beginning of the calendar year. This rate will be the maximum amount payable without the assessment of additional income to the officiaVemployee. The reimbursement rate will remain constant for each fiscal/budget year.

I) Reimbursement requests submitted to the County Auditor's Office will be paid within two (2) weeks after receipt. Requests must be approved by the department head or designee.

2) Along with the first reimbursement request, the officiaVemployee must submit a copy of a current Texas driver's license, and a currently in-force insurance policy with at least the minimum State required liability limits. Without this documentation, mileage reimbursements will not be paid.

3) The request for reimbursement must be supported according to IRS guidelines on mileage reimbursement including, the date, destination, miles driven, and the nature of the trip. This documentation must be retained in the department for a minimum of four years. VII. WRECKED AND DISABLED VEHICLES

I) Whenever a County vehicle is involved in an accident or the driver is issued a traffic violation citation, the driver of the County vehicle shall immediately notifY his supervisor and/or department head. The department head shall notifY the Vehicle Maintenance Manager, and Risk Management Department and the County Judge's Office. The department shall forward a comprehensive written report to the Risk Management Department within five (5) days of the accident. This report must include a full narrative-from the driver--ofall conditions of the accident, the name, driver's license number, insurance company, vehicle description. license plate number, assessment of damage to all vehicles involved and assessment of injuries sustained by all parties, if any. It must be signed and dated by the driver of the County vehicle. A copy of the police report covering the accident must also be submitted. If at all possible, the Sheriffs Department should be notified immediately after the accident and should come to the accident scene to take pictures.

In conjunction with the Vehicle Maintenance Manager, the Risk Management Department shall prepare a report which includes the above information, and evaluation of the extent of damage, and a determination regarding whether the vehicle should be repaired or sold. This report should be made available to the respective department head, the Purchasing Agent, and the County Judge's Office.

2) Any person involved in an at fault accident while driving a County vehicle shall be required to attend a defensive driving class within 60 days from the date of the accident and submit proof of completion of class to Risk Management.

3) If the vehicle has been disabled to the point that repairs are necessary for its safe operation, the Vehicle Maintenance Department will coordinate the repairs with the department to which the vehicle is assigned and the Risk Management Department. The Risk Management Department shall submit a report to the Commissioners Court recommending action to be taken concerning the disabled vehiCle.

4) Any driver involved in a preventable accident shall submit to an alcohol and drug test as defmed in the county's policy for drug and alcohol detection and deterrence.

VIII. ACQUISITION AND DISPOSAL OF COUNTY VEHICLES

A. Timely and Efficient Disposal of County Vehicles

I) On the same date a department takes control of a vehicle which increases the number of vehicles assigned to the department, the department head shall surrender another department vehicle to the Supervisor of Vehicle Maintenance. The Supervisor of Vehicle Maintenance shall take control of all surrendered vehicles and store the vehicles until they can be sold at auction.

Once a vehicle is surrendered, the Vehicle Maintenance Manager shall notifY the Purchasing Agent of such action. The Purchasing Agent shall recommend to Commissioners Court the disposition of the vehicle. The Court shall, through a court order, designate the disposition of the vehicle. The Purchasing Agent shall then reflect the disposition of the vehicle in the County's fixed asset inventory records.

This section does not apply if the department increases the number of authorized vehicles and has prior approval of Commissioners Court to not surrender a departmental vehicle. 2) The Vehicle Maintenance Manager, in conjunction with the Purchasing Agent, shall make every effort to dispose of all surrendered vehicles at the earliest possible date.

3) All titles for County-owned vehicles shall be maintained in the Purchasing Agent's files. Investigative vehicles or other vehicles titled to the County for which the identity must be secured to ensure the safety of the driver, shall be filed in separate files in the Purchasing Agent's office and shall be exempt from any "Open Records" requests.

B. Grant Vehicles

Vehicles which are purchased by non-County grant funds shall be utilized only for those purposes as stated in the grant contract.

IX. VEHICLE SAFETY

I. Each person assigned a County vehicle shall maintain a copy of this policy for reference.

2 Employees shall operate all vehicles in accordance with its designed use, taking into consideration traffic and other conditions surrounding the use of the vehicle and the safety of others.

3. All drivers of County vehicles shall comply with all State, County and local rules and regulations governing the safe and legal operation of vehicles.

4. Seat belts shall be worn by all passengers and secured at all times when the vehicle is moving.

5. The driver shall be responsible for assuring that all passengers are seated and properly secured before moving the vehicle. Under no circumstances shall passengers ride on fenders, running boards, the tops of vehicles, truck beds or any other place not designated for passengers. Drivers are responsible for securing all doors and for checking seat belts prior to moving a vehicle. Extra caution should be used when closing sliding doors on vans or other vehicles.

6. Trucks transporting materials shall secure said material tightly to prevent movement in transport. All cargo that extends beyond the end of the bed shall be clearly marked with red cloth not less than sixteen (I6) inches square. At night, red lights shall be used.

7. Lights, brakes and so forth shall be checked regularly to verify proper working order. Any malfunction of the vehicle shall be reported to the immediate supervisor and corrective arrangements shall be made immediately.

8. If a vehicle is found to be unsafe, no matter how urgent the need for such vehicle; proper repairs shall be made before it is placed in service.

9. Drivers shall drive defensively and observe all traffic laws.

10 Drivers shall be courteous to other drivers at all times.

I I. Flashing lights shall be turned on and traffic cones in place whenever a vehicle or piece of equipment is stopped where work is being performed or whenever it obstructs traffic. Vehicles and/or equipment shall not be parked where they obstruct traffic unless it is absolutely necessary.

12. Whenever backing up; drivers shall be certain about what is behind their vehicle, even if obtaining such knowledge should require getting out of the vehicle to investigate. 13. During any hauling operations, loads shall be tarped whenever designated by the immediate supervisor.

14. Drivers should remember that they will be held responsible for the vehicle that they are driving, the passengers riding in the vehicle and load being carried.

15. Operators must be constantly aware of surrounding conditions (i.e., ground personnel, overhead lines, pedestrians and other hazardous conditions).

16. All vehicles shall be properly parked and secured before being left unattended at the end of the day. Keys shall not be left in any unattended vehicle.

17. All tailgates will be secured (closed) while traveling.

X. IDENTIFICATION OF COUNTY VEHICLES

No County Vehicle shall be operated without appropriate identification affixed thereto, in compliance with Texas Transportation Code Sec. 502.2015, except vehicles exempt by state law.

XI. INSURANCE

1. The County shall provide automobile liability coverage, for all covered third-party injury or death and property damage claims resulting from the authorized use of a County vehicle. In addition the County shall cover physical loss or damages to its vehicles arising out of or connected with business use of County vehicles as authorized in this policy.

2. No county vehicle should be operated without proof of insurance in the vehicle.

XII. PERSONAL USE

The officiaVemployee shall be personally responsible for violation of the personal use policy. At no time may a county vehicle be used for personal gain, personal business, to drive to a place of secondary or part- time employment not related to county business, or for any other non county related use. Fort Bend County Authorized Driver Information

This form is to he completed for all employees whose jobs may require that they operate a county owned vehicle.

The following information may be typed or printed.

(First Name) (Middle Name) (Last Name)

(Street or P.O. Box) (Gty) (State) (Zip)

SOCIAL SECURITY NUMBER DATE OF BIRTH _

LICENSE NUMBER STATE _

EXPIRATION DATE TypE OF LICENSE ~~ _ (Operator, Commercial, Other)

COPY OF EMPLOYEE'S CURRENT AUTO LIABILITY POLICY MUST BE PROVIDED WITH THIS FORM.

TYPE OF VEHICLE(S) THIS EMPLOYEE IS AUTHOIZED TO DRIVE:

Automobile Truck _ Size Other _

I certify that I, "have not received three or more moving violations within the past three years or a DWI citation. I further certify that I consent for

Fort Bend County to verify my driving record and auto coverage for verification.

Signature Date

DepartmentIPrecinct

Authorization Approved == _ by Elected Official I Department Head AGENDA ITEM -#/;2...

PROSPECTIVE CHILREN'S PROTECTIVE SERVICES BOARD

BOARD MEMBER QUESTIONNAIRE

NAME ~rey Su \1'\110 VI ADDRESS -p 0.BQX E~F!-- _

SIWnyy+ovCG 1'l747(..,-I03.::l.

HOl'lE PHONE ~ 81/34<0 -I S.::L(" I WORK PHONE

OCCUPATION EMPLOYER _

What commissioner's precinct do you live in?

Number of years in __ -2.~ c.ounty F+'"Be.ad

EDUCATION B. A. eQ01'Y\.-&' ~~ ReL '98 :h.:M" U. a( Ck ,:"<2Y\

If yes, please list: , qee4 € bk

Please indicate any special skills' or expertise that you would bring to the board: / ./

______FINANCIAL MANAGEMENT ______VOLUNTEER OUTREACH

Where did you learn about the Children's Protective Services Board? ~lhat (if anything) do you know about Children's Protective Services or the Children's Protective Services Board?

J Qyy\ -V-q k}1! OJ Ct ~ < W(% h'W [1 C? +' c f-ls I kJcrJ<.

A.cL...J± Prokch0 e.. Seev Ii: es ':l! I f'i!:;:e::.l,r...l

How much time per month could you devote to board :nd committee meet~n9~~ A"? MucJA ~, CVl --Lcl hecE's;<;c./l-'::L U:.Cb/'II4J\eU ~ -\--eJJc.. BOARD U COMMITTEES, _

Why are you interested in being a member of the ~t~ellt& County Children's Protective Services Board?

Date available to begin service on Children's Protective Services Board:

Please give 3 non-relative references: ,- NAME ADDRESS PHONE NUMBER

2. C\Q,CO'EroLQVllM3 XO~x ,.1.'l(p S\YV\QlA..~L>< 3. BOj'jqJA)ngkt __ -I8o,fusCA 3oo@h,,,,,\X- I have read the information packet, and I would be interested in serving on the fCtJ?>~ County Children's Protective Services Board. I believe that I have the time, interest, and commitment to fulfill the role of an effective board member. I understand and feel that I am able to respect the confidentiality requirement for board members. COUNTY ATTORNEY Fort Bend County, Texas AGENDA ITEM

BEN W. "Bud" CHILDERS (281) 341-4555 County Attorney Fax (281) 341-4557

April 7, 1998

The Honorable Michael D. Rozell County Judge Fort Bend County

Re: Fort Bend Housing Finance Corporation

Dear Judge Rozell:

Attorney Lori Gobillot of Vinson & Elkins has asked this office to review docwnents of the corporation for the April 15, 1998 agenda. The Resolution and Certificate's legal form are acceptable.

Very truly yours,

Portia Poindexter, First Assistant

xc: Commissioner R. L. O'Shieles Commissioner Grady Prestage Commissioner Andy Meyers Commissioner Bob Lutts

Ilj:cover.let:2766

301 Jackson, Suite 621 • Richmond, Texas 77469-3108 '. Vinson&£lkins ATTORNEYS AT LAW AGENDA IrEM 04-09-98 A09:54 IN VINSON & ELKINS LLP 2300 FIRST CITY TOWER =:#/3 100 I FANNIN STREET HOUSTON, TEXAS 77002-6760

TELEPHONE (713) 758-2222 FAX (71 J) 758-2346

WRITER'S TELEPHONE WRITER'S FAX (713) 758-3861 (713) 615-5225 April 8, 1998

Ms. Mandi Bronsell Fort Bend County Judge's Office 309 South Fourth, Ste. 719 Richmond, Texas 77469

Re: Fort Bend County Housing Finance Corporation

Dear Ms. Bronsell:

Fort Bend County Housing Finance Corporation requests the following item be placed on the agenda for the Commissioners' Court Meeting on Tuesday, April 14, 1998.

I) Resolution Approving Fort Bend County Housing Finance Corporation Single Family Mortgage Revenue Bonds (GNMA and FNMA Mortgage-Backed Securities Program) Series 1998 Following a Public Hearing. -

Please call me at 758-3861 if you have any questions.

Yours truly,

VINSON & ELKINS L.L.P. c-1~~~ . Lori AU~ ~o~

Enclosure cc: Mr. Bud Childers/County Attorney (w/encl.)

F:\LG 1205\FBHFC\SF-1998\CORRES\BRONSELL.A07

YOU$TON DALLAS WASHINGTON, DC AUSTIN MOSCOW LONDON SINGAPORE RESOLUTION APPROVING FORT BEND COUNTY HOUSING FINANCE CORPORATION SINGLE FAMILY MORTGAGE REVENUE BONDS (GNMA AND FNMA MORTGAGE-BACKED SECURITIES PROGRAM) SERIES 1998 FOLLOWING A PUBLIC HEARING

WHEREAS, by Resolution adopted on June 9, 1980, the Commissioners Court of Fort Bend County, Texas (the "County"), authorized and approved the creation of the Fort Bend County Housing Finance Corporation (the "Corporation") as a housing finance corporation under the provisions of the Texas Housing Finance Corporations Act, as amended, formerly Article 12691-7, Vernon's Annotated Texas Civil Statutes, and now codified as Texas Local Government Code, Chapter 394 (the "Act"), and approved Articles ofIncorporation thereof; and

WHEREAS, the Act authorizes such public nonprofit housing finance corporations to issue revenue obligations for the purposes of obtaining funds to finance home mortgage loans (or participation interests therein) to persons oflow and moderate income within the jurisdiction of such corporation and to issue bonds to refund in whole or in part bonds previously issued under the Act, authorizes such corporations to develop and finance residential developments for persons of low and moderate income, and authorizes cities and counties to create and utilize such public non-profit housing finance corporations to accomplish such public purposes; and

WHEREAS, the primary purpose of the Act is to provide a means of financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents oflocal governments at prices they can afford, and the secondary purposes of the Act are to: (a) provide for and promote the public health, safety, morals and welfare; (b) relieve conditions of unemployment and encourage the increase of industry, commercial activity and other economic development so as to reduce the adverse effects of unemployment; (c) provide for efficient and well-planned urban growth and development, including the elimination and prevention of potential urban blight and the proper coordination of industrial facilities with public services, mass transportation and residential development; (d) assist persons oflow and moderate income in acquiring and owning decent, safe, sanitary and affordable housing; and (e) preserve and increase ad valorem tax bases oflocal governments; and the foregoing are determined and declared by the Act to lessen the burdens of government and to be public purposes and functions, and local governments are authorized by the Act to create and utilize public nonprofit corporations to issue obligations to accomplish such public purposes; and

WHEREAS, the Corporation was chartered as a Texas nonprofit corporation pursuant to the provisions of the Act, held organizational and other meetings, adopted Bylaws and took other official actions, and pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), on February II, 1998, conducted a public hearing following reasonable public notice (a copy of which notice and an affidavit of publication of which notice are attached hereto as Exhibit A) with respect to an issue of single fsmily mortgage revenue bonds to be issued by the Corporation in an aggregate face amount of not more than $19,839,400 (the "Bonds") and has submitted to the County a Report of Public Hearing describing the comments, if any, received at such hearing, a copy of which is attached hereto as Exhibit B; and

F \LG I Z05\nnU'C\Sf -1998\COMM-eT RES WHEREAS, at a public meeting held on April 8, 1998, the Board of Directors of the Corporation adopted that certain Resolution of the Board of Directors of the Corporation entitled "Resolution of Fort Bend County Housing Finance Corporation with Respect to a Public Hearing; Authorizing the Issuance, Sale and Delivery of Single Family Mortgage Revenue Bonds (GNMA and FNMA Mortgage-Backed Securities Program) Series 1998; Approving the Form and Substance of an Indenture of Trust, an Origination, Sale, and Servicing Agreement, a Bond Purchase Contract, a Continuing Disclosure Agreement, and a Private Placement Memorandum; Making Certain Findings and Determinations; Authorizing the Execution of Documents and Instruments Necessary or Convenient to Carry Out a Single Family Mortgage Purchase Program; Authorizing the Investment of Funds; and Containing Other Provisions Relating to the Subject"; and

WHEREAS, in order to satisfy the requirements of Section I47(f) of the Code, it is necessary for the County to approve the Bonds after the public hearing has been held; and

WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; NOW, THEREFORE,

BE IT RESOLVED BY THE COMMISSIONERS COURT OF FORT BEND COUNTY, TEXAS:

Section I. The Commissioners Court specifically approves the Bonds, which are to be issued in the maximum aggregate face amount not to exceed $19,839,400, described in Exhibit A hereto, pursuant to Section 147(f) of the Code.

Section 2. The approval herein given is in accordance with the provisions of Section 147(f) of the Code, and is not to be construed as any undertaking by the County, and the Bonds shall never constitute an indebtedness or pledge of the County, or the State of Texas, within the meaning of any constitutional or statutory provision, and the holders of the Hrmris shall never be paid in whole or in part out of any funds raised or to be raised by taxa!; )1: .Jf any other revenues of the Issuer, the County, or the State of Texas except those revenues assigned and pledged by the Issuer in the indenture oftmst that will be executed and delivered in connection with the Bonds.

Section 3. The County Judge, County Commissioners, and County Clerk of the County and the other officers of the County are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution.

F\LG 12051FBHFC\SF .j998\COMM-CT. RES -2- PASSED AND APPROVED this /1 day of April, 1998.

'1Y.Li." ~ ~e

F\l.G 120S\FBHFC\Sf· 1998ICOMM-CTRES -3- EXHIBIT A

NOTICE OF PUBLIC HEARING

FORT BEND COUNTY HOUSINI.J FINANCE CORPORATION SINGLE FAMILY MORTGAGE REVENUE BONDS (GNMA AND FNMA MORTGAGE-BACKED SECURITIES PROGRAM) SERIES 1998

Notice is hereby given of a public hearing to be held by Fort Bend County Housing Finance Corporation (the "Corporation") on Wednesday, February II, 1998, at 12:00 noon, in the Embassy Room of Willowisp Country Club, 14502 Fondren, Missouri City, Texas, in Fort Bend County, Texas, with respect to an issue of Fort Bend County Housing Finance Corporation Single Family Mortgage Revenue Bonds (GNMA and FNMA Mortgage-Backed Securities Program), Series 1998 (the "Bonds") to be issued in 1998 in a face amount of not more than $19,839,400 by the Corporation. The proceeds of the Bonds will be used to establish a program (the "Program") to provide mortgage loans made to persons of low and moderate income (as established by federal and state guidelines) who are first-time horne buyers. for the purchase of qualified owner-occupied homes located in participating municipalities and the unincorporated areas of Fort Bend County (but not including that portion of the City of Houston located in Fort Bend County). Under current restrictions, the purchase price of a horne financed with the Bond proceeds may not exceed 90 percent of the average area purchase price applicable to the residence, determined separately for homes that have not been previously occupied and those that have been previously occupied. The purchase price and income limits are subject to revision by the federal government and the Corporation during the pendency of the Program.

All interested persons are invited to attend such public hearing to express their views with respect to the Program and the issuance of the Bonds. Questions or requests for additional information, including information about the purchase price and income eligibility rules, may be directed to Ms. Genie Frye, Vinson & Elkins L.L.P., 2300 First City Tower, 1001 Fannin, Houston, Texas 77002-6760 (713/758-2957).

Persons who intend to appear at the hearing and express their views are invited to contact Ms. Frye either in writing or by telephone in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Ms. Frye prior to the date scheduled for the hearing.

This notice is published and the above-described hearing is to be held in satisfaction of the requirements of Section I47(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the issuance of bonds the interest on which is exempt from federal income taxation.

F:\LG 1205\FBHFaSF-1998IPUB-HEAR.NOT 'v II \Sr. 1\' ,~111-" 1-=\ R:,KIC~ Ifr U~il!1 f'II\i/!(cPUBLISHER'SAFFIDAVIT .~LI I" THE STATE OF TEXAS § COUNTY OF FORT BEND §

Before me, the undersigned authority, on th;s day personally appeared Clyde C. King, Jr. who being by me duly sworn, deposes and says that he is the Publisher of The Herald-Coaster and that said newspaper meets the requirements of Section 2051.044 of the Texas Gcwernment Code, to wit:

NOTICE OF pUBLIC HEARING FORT BEND COUNTY HOUSING 1. it devotes not less than twenty-five percent (25'7c) of its FINANCE CORPORATION stNGLE FAlllLY IIORTOAGE total column lineage to general interest items; REVENUE 80HDS (GNIIA AND FNMA IIORTGAGE" BACKED SECURmes PROGRAM) 2. it is published at least once each week; SERIES 19811 NotIce is hereby given of a public hearing to be tteId by Fort Bend I COunty Housing Anance Corpora· 3, it is entered as second-class postal matter in the county tton (the "Corporatlorl1 on Wednes· day, Febrljary 11, 1998, at 12:00 noon, in the Embassy Room 01 Wil· where it is published; and IowIsp Country Club, 14502 Fon- dren, MIs80uri City, Texas, in Fort Bend County, Texas, with respect to an Issue of Rlrt Bend County 4, it has been published regularly and continuously s,nce Housing Finance Corporation Sin- gle FamNy Mortgage Revenue 1892, Bonds (GNMA and FNMA Mort- gage-Backed securities Program), Beries 1998 (the "Bonds") to be issued In 1998 in a lace amount 01 5, it is generally circulated within Fort Bend County. Inot more than $19,839,400 by the Corporation. The proceeds of the , Bonds will be used to establish a .."....,I"'~. ,ram.,,")to provide ITlOI1gIrQe Ioat_ ..10 persons 01 Publisher further deposes and says that the attacbed ;Jot;ce low ... modIrID (as __ tabIW'lM by MdctraJ and state was published in said newspaper on the following date(s) to wit: guIdIIInee) whO' are lInlt·ftine home ~ lOr thI ...... 01 quaI/ft8d ow.,. ipIed homN locaI.ct In partIclpIIng murik:fpIIIIlIM and Ihe U1li1lC01pcwilllld .... or Fort Bend County (but not including that por_ tion of the City of Houston located In Fort Bend Counly). Under current ~, the purcl1ase price of a home ffnancecl with the Bond )onuary 2S proc:eeds may not 8X088d 90 percent of the average area purchase price applicable 10 the residence, ~~.~~~yror MmH that h~ not been previously occu- Ipied a1Id thoee that have been pre- vIoo8Iy occupied. The purchase ' price and Income IImIt8 are subject to ~ tlYJh~,~;:~I& ment ,and ,the ~ilQ(L during •.1lI)l;o ... ., "" .. -"." , I ClydJC. King, Jr. '. iltlo .. ,.~~.,riMNtrtol, I a~ such '·pubIllH'iearrnoto ex- Editor and Publisher pnt8I theiI' ... with .fMPeCt to the Program'and 1M iHuance or the Banda. QueIJtIons Of,~ lor adlItionaI lnfOnndon, inducing In- SUBSCRIBED AND SWORN BEFORE ME by __ fon'natlon 4IbciUt .. puIChue price "" '''''''''" _ ...... may be I dlI8cted ~Ma.GenIe Frye, VInson Clyde C. King, Jr. , who a·EIkIni'·!'LLp':,'.2300 EIIJt ~CJty. T_,·. . >t7t~ 2lI07).-. ~""""'"' .. ' .,' X a) is personally known to me, or ~.wtiO.~'tl) ...... at ...... their vItws ____ b) provided the following evidence to establish 11M IrlYIId to oanIIll::t Ma.. r:". .... "inwrillngOf~WIphontInad- his/her identity, VWKll!I or lie hNrlng. Ant interested person unable to attend the heamg may sutlmil their views in wrtting to Ms. Frye prior to the date on this the day of A.D. 1998, 8ChecIu1ed lor the hNring. 3G'th ,JOlluCJry , This notice is published and the to certify which witness my hand and seal of office. abcroe dllc.ibed hearing Is to be hekI In ...... Of • f8qU1re- I1'lIInII or 8edIon 147(1) c4lhe Intw- Nt ..... Code of 1081, as -...nded. ~ h pU:lIIc ap- IPl1MII ".,...... to the -....nee 0# bondI on which IIex- i en1Jt flvrrl 1ncome taxalton. .i

'Notary Public, State of Texas EXHIBIT B

FORT BEND COUNTY HOUSING FINANCE CORPORATION

Report of Public Hearing

A public hearing was held by the Fort Bend County Housing Finance Corporation (the "CorporauuH") pursuant to Section 147(1)of the Internal Revenue Code of 1986, as amended. The hearing was convened at 12:00 noon on February II, 1998 in the Embassy Room of Willowisp Country Club, 14502 Fondren, Missouri City, Texas, in Fort Bend County, Texas.

The purpose of the hearing was to receive public comment on the Corporation's proposed issue of Single Family Mortgage Revenue Bonds (GNMA and FNMA Mortgage-Backed Securities Program) Series 1998 in an amount not to exceed $19,839,400, to finance a program to provide mortgage loans to persons of low and moderate income (as established by federal and state guidelines) who are first-time home buyers and who wish to purchase qualified owner-occupied homes located in participating municipalities and the unincorporated areas of Fort Bend County (but not including that portion of the City of Houston located in Fort Bend County).

The hearing officer called the hearing to order and announced that notice of the hearing had been published in The Herald-Coaster, a newspaper of general circulation in Fort Bend County, Texas, on January 28, 1998. A copy of the published notice is attached to this report.

No one from the public appeared at the hearing to discuss the proposed bond issue, and the hearing was adjourned.

I certifY that the foregoing is a true and complete report of the public hearing described above.

President Fort Bend County Housing Finance Corporation

Dated: February 11, 1998

F.\LG 120S\fBHFC\SF .1998\PUB-HEAR RPT Vinson &Elkins ATTORNEYS AT LAW

VINSON & ElKINS LL.P 2300 FIRST CITY TOWER 100 I FANNIN STREET HOUSTON, TEXAS 77002-6760

TELEPHONE (713) 758-2222 FAX (713) 159-2346

WRITER'S TELEPHONE WRITER'S FAX (713)758-3861 (713) 615-5225

April 14, 1998

Ms. Dianne Wilson County Clerk Fort Bend County 400 Jackson Street Richmond, Texas 77469

Re: Fort Bend County Housing Finance Corporation Single Family Mortgage Revenue Bonds (GNMA and FNMA Mortgage-Backed Securities Program) Series 1998

Dear Ms. Wilson:

Please find enclosed for execution the following documents in connection with the captioned bonds which were presented for approval at today's meeting of Commissioners Court:

1. Resolution Approving Fort Bend County Housing Finance Corporation Single Family Mortgage Revenue Bonds (GNMA and FNMA Mortgage-Backed Securities Proi:ram) Series 1998 Followiui: a Public Hearini:. A copy with original exhibits is enclosed for the County's records. Two execution copies are also enclosed, with signature pages marked for execution.

2. Certificate for Resolution. Please mark any absentees and the vote count on the first page. You and Judge Rozell should sign on the second page of each certificate, and the County's seal should be affixed to each signature page.

3. General Certificate of Governing Body. Each counterpart of the certificate should be signed by you and Judge Rozell and the County's seal affixed to each signature page. Please do not date the certificates. The Texas Attorney General requires the submission of an undated certificate, which will be dated as of the date of delivery of the Bonds (expected to be May 12, 1998).

Please retain one copy of each of the foregoing documents for your files, and return the remaining copies in the enclosed, prepaid Federal Express envelope, today, if possible.

HOUSTON DALLAS WASHINGTON, DC AUSTIN MOSCOW LONDON SINGAPORE Ms. Dianne Wilson Page 2 April 14, 1998

Thank you for your assistance, and please do not hesitate to call me at (713)758-3861 if you have questions concerning this letter or any of the enclosures.

Very truly yours,

~ri~Z:) .1.*~M--fJa--

Enclosures

1205:560 F:\LG120S\FBHFasF-I998\CORRES\Wll..SON.AI4 CERTIFICATE FOR RESOLOTION

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 meeting of said Court at the Fort Bend County Courthouse in the City of Richmond, Texas, on the 14th day of April, 1998, and the roll was called of the duly constituted officers and members of said Court, to wit:

Mike Rozell County Judge Bud O'Shieles Commissioner, Precinct I Grady Prestage Commissioner, Precinct 2 Andy Meyers Commissioner, Precinct 3 Bob Lutts Commissioner, Precinct 4 and all of said persons were present, except the following absentee(s): ~"6 LL4--TTS thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written

RESOLUTION APPROVING FORT BEND COUNTY HOUSING FINANCE CORPORATION SINGLE FAMIL Y MORTGAGE REVENUE BONDS (GNMA AND FNMA MORTGAGE-BACKED SECURITIES PROGRAM) SERIES 1998 FOLLOWING A PUBLIC HEARING was duly introduced for the consideration of the Commissioners Court and read in full. It was then duly moved and seconded that said resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said resolution, prevailed and carried by the following vote:

AYES:

NOES: D

ABSTENTIONS:

2. That a true, full and correct copy of the aforesaid resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that said resolution has been duly 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 meeting pertaining to the adoption of said resolution; that the persons named in the

F:\LG t20S\FBHFC\SF-1998\CE1lT .RES,ClY above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the Commissioners Court as indicated therein; that each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and purpose of the aforesaid meeting, and that said resolution 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 meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by the Texas Open Meetings Act.

SIGNED AND SEALED this 14th day of April, 1998.

' .... • A , ' 'Count;', . Clerk- _c ':.c' '.?' .-\ "'"(sEAL) ,

···...:.'~~t·"'~·)~I,'c.'· "''';' .., ' ..

F:\LG 120S\FBHFCISF-I998'CERT -RES,CTY -2- Document 8.5

GENERAL CERTIFICATE OF GOVERNING BODY

We, the undersigned, County Judge and County Clerk of Fort Bend County, Texas (the "County"), make this certification for the ben:::fit of all persons interested in the issuance by the Fort Bend County Housing Finance Corpo,ation (the "Corporation") of its Single Family Mortgage Revenue Bonds (GNMA and FNMA Mortgage-Backed Securities Program) Series 1998 (the "Bonds"). We hereby certify on behalf of the Commissioners Court (the "Governing Body") of the County that:

1. (a) On February 1, 1998, and at all times since such date, the following persons, each of whom resides within the County, have been duly appointed by the Governing Body of the County as members of the Board of Directors of the Corporation:

Toni Nelson Alan Sandersen George Johnson Tom Shirley Shadrick Bogany Charles Marietta Manuel Zamora

(b) On February 1, 1998, and at all times since such date, Marilynn Kindell, by virtue of serving as the Director of Fort Bend Community Development, and Guadalupe Uresti and Jim Gonzales have served as ex officio and non-voting members of the Board of Directors of the Corporation.

2. The Governing Body of the County has not created a "joint housing finance corporation" within the meaning of the Texas Housing Finance Corporations Act, as amended (the "Act").

3. The Governing Body has approved the Corporation's Articles oflncorporation by resolution adopted on June 9, 1980, and has approved Articles of Amendment to the Corporation's Articles of Incorporation by resolutions adopted on September 30,1991, December 6, 1994 and December 10, 1996. The Governing Body has not approved any other amendments to the Corporation's Articles of Incorporation.

4. The Governing Body has not amended the Corporation's Articles of Incorporation to change the structure, organization, programs or activities of the Corporation, nor has the Governing Body termuillted the Corporation as set forth in Section 394.016(c) of the Act or otherwise, nor has the Governing Body taken any action to limit the effectiveness of the resolution adopted by the Corporation authorizing the Bonds or to otherwise affect the Bond transaction.

F:\LG 1205\J'BHFClSF·\998\GC-GOV ,001 5. The Attorney General of the State of Texas is hereby authorized to date this Certificate on and as of the date of his approval of the Bonds, and this Certificate and the matters herein certified shall be deemed for all purposes to be true, accurate and correct on and as of that date and on and as of the date of delivery of the Bonds, unless the County through an authorized officer shall notify the Attorney General and the Corporation in writing to the contrary prior to either of such dates.

1,'7'lTNESS OUR HANDS AND THE OFFICIAL SEAL OF THE GOVERNING BODY this --t-:F day Of~998.

County Clerk

F:\LG 120S\FBHFOSF.I99I\GC.GQV.OOI -2- AGENDA'liEtvr IN #/1 Fort Bend County Historical Commission W M Von-Maszewski, Chairman clo George Memorial Library 1001 Go1fview Drive Richmond, Texas 77469 281-341-2646

April 7, 1998

Hon. Michael D, Rozell, County Judge 301 Jackson Street Riclunond, Texas 77469

Dear Judge Rozell:

It has come to my attention that the County has not given the Fort Bend County Historical Commission its annual $1,700 allotment for the years 1997 and 1998. The County has a separate account for the Commission; in fact, the public donations now being received for the restoration of the Lamar statue are being placed there.

I assumed the chairmanship of the Commission in 1997. If it was my place to ask or remind the Commissioners' Court about this money, please accept my apology for not knowing.

Your attention to this matter is greatly appreciated.

~t~\~,~~V~~ W. M. Von-Maszewski • ...... COUNTY ATTORNEY Fort Bend County, Texas AGENDA ITEM .::#=15' BEN W. "Bud" CHILDERS (281) 341-4555 County Attorney Fax (281) 341-4557

April 8, 1998

The Honorable Michael D. Rozell County Judge Fort Bend County

Re: Metal Arts Contract

Dear Judge Rozell:

Enclosed please find a proposed contract with Metal Arts for restoration services on the statute of Mirabeau Lamar located on the Courthouse grounds. The contract has been reviewed by this office and is approved as to form.

Please place this matter on the April 14, 1998 agenda for consideration by Commissioners Court.

Very truly yours,

James Stavinoha, Assistant County Attorney

xc: Commissioner R. L. O'Shieles Commissioner Grady Prestage Commissioner Andy Meyers Commissioner Bob Lutts Tim Cumings

IIj:cover.Jet:2337

~~ ~-tc-r."rI\~ L\-n-qB 301 Jackson. Suite 621 • Richmond, Texas 77469-3108 THE STATE OF TEXAS §

COUNTY OF FORT BEND §

ORDER AUTHORIZING COUNTY JUDGE TO EXECUTE THE AGREEMENT WITH METAL ARTS

On this the Nday of fuJ '1998, the Commissioners Court of Fort Bend County, Texas, upon motion of Commissioner ~W , seconded by

Commissioner QI ~ ~R 6J duly put and carried;

IT IS ORDERED that the Fort Bend County Judge is hereby authorized to execute the

Agreement with Metal Arts for the structural work and cleaning of the Mirabeau B. Lamar statute in front of the main courthouse .. Agreement is attached hereto for all purposes as though fully set forth herein word for word. . " -'- .-, :.

,." . AS PER ORIGINAL '. :.~.

'METAL ARTS' J 436 West Gray, No. 259 HoustOl1, TexaS 77019-4946 Tel~one (713) 861-7791 .,'i TclefAJ<(713) 864-2243 . '.~ E-mail: [email protected]

___ ~April 14, 1997__ -- CONDITION REPORT .... ~. -, AND .,: J>~OPOSA1JlltD FOR TREATMENT .": . ". '. .:::: ,:" FOR L.-UUR Vi~teletisx: 28,v~t04557 . JalD!:B-sia~_~~t County Attorney

:. -,,".

0BJ1!Cl'S:.: ...•..:,6:stbronzc figures (f.gure pedestaI (in three (3) ~).. SlDTwndinlllow granite .curbat the gr~,.e, and lelWing ENfITLED: •>i.limar '.;_ ARllST: ..; l>~ey Waugh. Sc DATE: < ,-Uiknown DII\¢NSloNSr_,~zes: '.. :::.'-r; IOll"Hx4Z··Wx4r·"Q . ;.: . ...' :':-Education image: 1'6"H X 16MW x t 1/4MO · .,":Law image: J6"H" 14"W x J II""D _ ..' .-p;plomacy image: 16"H x IS"W x I 1I4"D '.,GPmite pedestal sections: .' ,,",Bottom: 12"H x 72"W x'72"D . '...... ,,:-~iddJe; 27 112nHx 62 1l2"W x 62 1J2''o ·.•..'(}'flIJ: 52nH x SI"W x SinD . . '.'~ding ClIrb:·lS6~square FOUNDRY: '.U8u0WJ:l LOCATION:·.~ ':.'.~ty Colll1house.grounds, }ljclimond, Texas COLl£CTlOlf.fiirt Bcod County '. . . " '" ," This COIIditionRJ:port and PrapmaIIBid for Treatment applilllltl1*~Zll~dgranite CClIlIIlQIionlB d#ii1lW above. '0:: :.' '.'

" .. . .

'.' ",,' ,.,',-, "'. " ". 2

:'~

CQNDITION Bt:fORE IR&A TMENT

. . '. .' '. . . Upon examination of tho allow: reft:reljced sculplllte and pedestal'~;:A~ '11, 1,997, . asseosmcms Bil,ti:l..,.",inations were made as IOIlows: .':...... " .

"""

. .'..J: The bronze ngure and selfbase is struclUra11y SOIlIId. There is nO'~:cOat (o·the envirixim.ent;""l!ih;;"" is no MOOt"" clfthe original paliJ\l\. The brOll%C is coaled by dcQSil,JiIIlliY;.lil4i;k:~d ~. corro:iiou.1!i'~s. Additionally, lhere are browD and .. lIiIe runoff p"IIernS o~layi!iijllo.~~ comisioo. Two small ~·;tciitcl1es by 3-inche:i,evidt.lcing weld plugs, are visible on the proper riglil'~~fOld of the coat; thefustaiigiiCid;iriihe vicinity of the tightel1",w, and the second, bmind the knee. There ~.iliimetOiilillTeas whae deei>undcteatsin the modeling shelter wasp nests.··· 6!D!l!UJ!ll!71f:~

... '.. ' The slnall bron:u: images have weathered in a manner similar 10.the'tWgerfigure. Additionidly. ~i"'.of their altachmClOllo Ihe vertical granile fac;c, green. white. and blaCJt.~£fj:Y.l.tt<:rQSare visibl~ at tho~lis;:" .: .

. . The granite. podestalsupportiJlglhc figure is comprised of three s,iliitlol(lcks. Al the juncmre wiler'! tll.e.bollnmof the middle and top hlocks join the lop (If Ihe middle and base bkJ\.h,- llfer" 3IO . tapcrcd.lxc83SminlS:approximll1e1y I/4"incbthiok by 3/4-irieh wide. Because of moislUre. aMr~~bsefti:e ofa berrie,. coetinlliJhe.. s1Tips have become. discok>

".' -." 1DCi¥d Verb1.1t .

. ,'.':, _. . The letteringon the granite f.l= is in excellent condition: howevCt-;:'~~useOf the .; highly mQItI,,«(~ ... of the graniie{presumed to.be Texas Rd), andbeeausc theee is no~mg~p8int.infill. ".-" Ihe'\II!('bUlgehM.J\itl&visual praseacc.Simi13rly. th"ve.-biage al ground level On the gt;mile~lliok:i pt~. Text 00 the blld<.'<\~the ba'le is furth'" imp;lired by the height of the hedge and size of the lillliflixiirrebctwCen the hed. eo-.IP,..tmd. . L._·_~·.l~: :.',.' . :.;"::":",:,,' . .

. . ~. SCOPE OF WORK ..

Melal Arts will provida all materials. equipmenL ""d personnelnefJ,salyforih~ canS(:l'vali(lnliO~:r~oratioo prQject d=ibed her.in. ,,'; ...... ':" .

" ..~..-- -:-,7::' , ..•..' .t.; 3

'.: . . : .

" ..:-

: '., .~.,. ',.

l.tDtmr " >'. ".'.' .' " .... "" Con""rvation of the 1>roozeand granite ocmponenls will be ~'by'35n,m color print'ph~,~ mid-treatmeot (fullowing cleaning), and upon C

. . •. >::>, .' The sculptut" will be enclose:! by proteetive plastic sheeting, su~.~i'iukUng. toa.~eiglttOti~~:The lop will remain open furventllallon. The granite pedestal will ~.~~:Withtitpe and PIUtic aheetiitil",jMJd toth. pava1:an:ll iJ~flIy surrounllingthe sculptllre. Fort BendCounty shall make alln~;pC~~on. fIX' UDhjl:Iderei:I~~ the Coosemrto< 1<> !huile, including water and e1,bQdy grade painl gWl and nozzles. allowing a minimwn oftwenty-ioor (24Y~'lletween appliCatioos.MF!i#aI"" will be appliedmid,monting on clear. warm day> ofl""""'thunli~~,' '... ' ." ~. "'" ....-...

,.... The pedestal will beweshed withwala and non·,ionic deteTgent;~:~~i1ution' sc:h«I,ules and~~lllishly rinsed [0 removesurtilcc dirt and grime. " . .

".-.; H!pHUd!!!l'; ! Vc;rbial!f! ":~ . ' ..<~:".:.;- , '. ',,::; , All recessaI verbiage will bein~lIlled with Lilhlchmmil Color ~-.~-- shatJm,.h1iiight., :.;-; :-: selcctiODIObe~1 agreement betwom MIlIa! Art, and a representative for fort Bcnd'ClllllitY tromcolor ", chiP/' provided,l:iy:~1 Art., ", .:--~.' . . .:.. ' .. ,. -' utCUTlON ANDSUPERV!SIQl\I -. '

; ;' . '. Ben Woilen&, General Mannger of Metal Am, will he the ron.~:Piovided an ~:_.; cxCQiicdClJp)'Ot1biugreemcnt is received in IItimely manner, andwClll!ler permitting, ali.~J.lil1 ~~J)lelOO -"-:.: • • . •• :' • " . _ r - '. .,~. '--:. ' •• .-.. ' ,', . ,

" ......

....'. . :: '.: . -,." .. ".: "': ., ~". 4

. .:~."; ..1.'

" ..~

.....,':. with;it~;(f4lWcri:ing dayl. andl;Cfore.June 30,19n Thecommcnci:mcnt due will~ined by m~aareoinjCg,t ','~•.: ,',',,', '>"';,; , ,, '. ~•.:' >..: •.,:: ,". ."

',' , "','" i',., CO$tfor tho troatmantdesotibed horeinis TWELVE THOUSANDP~_tmD ANONa ~HS OOLLARSl$12.500.00)paidfor by the FORTBENDCOUNTY'~CAL ' COMMISS~.~~COunty has no cOUnt)'fundsforcthe,..,.v;ees to bei'enderod under this R~'lt'\isexi>(eS.IY agroc;ii .... d-1JJI.lliiQii that the cost oftlic servillell willbc paid brthe Fort Bend County ~¢it:9:~$si."n;, ' anddiattheC1~~}t>ieIf>hali h.."" no,)bligariClllIO pi.y MctalArt., furoenoiceo rendered. ,ti\" " , .,~'~ ..:. . ':~- '. '. TERMS OF PAYMENI

P.yment shall OCCUI" upon completion ofwork cbcribed herein Bli4~n-tlrirty(30) daysofpn:s.ilnilfIQlte!,an invoice. pllot¥ajJhic docu!Jieot"and narrative. ' ~:" . - '.' ,.,': .;-,' - -' :-.-i'.

, MISCELLANEOUS . --",' .:-." , Any and .11I:",oces or commUllications requircrlor permitred WldCl!\;lb~,~t9boll he deliVllTC:'-.' >.', .' .. :,:.,,>,.:~,.':" . . . ": ;:( -;:~ ,:~.-., ... .' 'C', , To: W.M. Von-Ma~i, Chairman,,': ",", Fort Bend county Historical Commission' -.' . ",':" . .. ' GeOl"geMem,orial' Librnry 1001 GoIIVii:w Richmorid, Tens 77469 (28\ )34 J -2688 .'.; .'

With copy in: The Honorable Michael D. Rorell. County Judg6:" Fort Jnnd Cmurty ":' -.-. P:O.Box 368 " Richmond, Texas 77469 FlIJ':(281)341- 8609 .... -,: ..

To: Metal Arts Ben Waitena, General'Manager 1436 WCSlGray, No. 259 :tfou3to1J,'. Tc=KJI.:Io7·7019-

~'.

.". MAINTENANCE

' .. ', .. •... .•. Following oom.pletion of the conservatiOll tn:atment de",:ribed hereili;:wepe of on-golng inspeclion and maintenance. We reOlli!llIa.ixhn· annual ~wilha'diiJd.;solutiOll of Wllt.... a'tId non-ionic detersent. utilizing softacryl ic bristle bu~!i~SflOIIlles. fol101Wdby.dtlj-~·riAsillg. The lroulJ .... coating sho"ldbe r~, at approximarelY.~~~ Uu".,,'I11·· . ,!: .... :' . . .,."

R.c9pllIltfi1Ily 1iIllJin~ METALARTS ..:':. /7~@~. BenWoitena· .. GeoaraiMan"

,i"Cq:PTANCE 01" PROPOSAL

The above cost, specificationS and conditions are !latisfaetory.and ~,herebyaceepted. YOII "",~Perform the WllI"k:asspecified. J>aymctlt will be made liS outlined abovei.\:,&y·$erlltiQn or cIovilltion frcJJIl:*~omg specific!atioos involVIng"""'" costs 1lIId labor will be executed ~ \lJl!'l1'-writteo and :::;7~dt1~e an ~ cbarge. BY,Jl.kl~~Q~y,l--;-' ----::;c....'~"--. W. M. Vnn.Mnszewslu. Chairman'''d:. Signator for f'orll3cnd CourrtyJt~l'C.;QllltDj:l.~ion .... '. .

BY:_ _ l./C. '. The orable Michael . ~+':,eS-·:.OII"". ~JJ:lY~JuSge .' ,.,. ~for1BendCounlyIJ'~'"

.." '~ ...

, _ '~'~~,~~;:';I~II:':'i~<. ATTES1.. ••· .. ··.' •. ". , . .

.' .-, . ,.. -:- '...... ~' . :'

..' ::.~.;..'

'-.. .. ' . > .. .' .METAL ARTS 1436 West Gray, No. 259 Hou.slOll, TexaS 77019-4946

Telq>hOlle (713) 861-7791 -.: . ._'f Telcfax (713) 86-hl243 E-mail: .zal.1120@anLcom :: ..'

___ ~. April 14, 1997 __ -- CONDITION REPORT -:.: . '-. AND '.: PROPOSAlJB1D FOR TREATMENT ':::";.:" ... . FOR LAMAR , tcldUX: 28:1".3.,'(;4557 . >." Vi~ J~sia~_:A'ssistant County Attorney "';"'..

W.M~Van-~i, Oairman Fo.H}"nd·Co.~·.aistorical Corum""ion The HoR_ble'~l D. Rozell,CoonryJudge fortlleod ('~::' Geer~ MemONlii:.tibrary IOOIGoIMew::. : RidilllOltd.T.:J7469

OBJECTS:.•. : :)Cii3tbrooze figures(figure6f&mte pedestal sections: . '. ;:~:Bottom: 12"H" 72"W "n"D ::·.··:;·Micldle: 27 112"1-1x 62 112"W x62 112"0 ;;(r··~d2"Hx51"Wx51"D . , . :iS~ounding curb:· 156" square FOUNDRY: ·:·.Uaknown . LOCAWN:; ....•CtJw,ty Courthouse .grounds, Richmond, texas COr..LEC110~f~ Bend County ..

...... " Tbis Condition Reporl.nd ProposaliBidfor Treatment applies to~#:lli>ze~d granite compiJrimtB .~ above, . .:.: .•. . . ." : " .

-. :. REVIEW BY FORT BEND COUNTY COMMISSIONERS COURT

On this Iff day of --L.LLL=:::.....-AfJlZ/L.- , 19 t;£ , before the Fort Bend County Commissioners Court came on to be heard and reviewed the accompanying notice of AlACK Ioc/IU Job Location IfEllSL.€/- UlEST EN;> 'h Dated ~z..llf Bond No. bISd#.335tJSS , Permit No. ,57/937 to 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 Jurisdiction of the Commissioners Court of Fort Bend County, Texas," as passed by the Commissioners Court of Fort Bend County, Texas, dated the M day of AulWst, .l.2ll, 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 Article 1436a, Vernon's Texas Civil Statues. u~nl Mot~on of

Commissioner 'tf\~ IJ tV , seconded by Commissioner j;;l ,gL d M, du1yput 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 jobsite and failure to do so constitutes grounds for job shutdown.

2. Written notices are required: a) 48 hours in advance of construction start up, and b) When construction is completed and ready for final inspection

Mail notices to: Permit Administrator Fort Bend County Engineering P.O. Box 1449 Rosenberg, Texas 77471-1449 281/342-3039

3. This permit expires one (1) year from date of permit if construction has not commenced.

BY~~~ Presented to Commissioners Court .Q,.,. County Engine; and approved. Recorded in Volume _ By _ Minutes of Commissioners Court. Drainage District Engineer/Manager

Clerk of Commissioners Court

By ~;ruI1Ml'tf" Deputy

Revised 3/16/98

I:\WPDAT A\l..ETTERS\PERMIT\CCPLA.REV COUNTY OF FORT BEND Engineering Department P.O. Box 1449 Sidney M. Shaver 1124 Blume Rd. Rosenberg, TX 77471-1449 Pennit Administrator Phone: (281)342-3039

PERMIT APPLICATION REVIEW FORM FOR CABLE, CONDUIT, AND POLE LINE ACTIVITY IN FORT BEND COUNTY

PERMIT NO. =-- _

The following "Notice of Proposed Cable, Conduit, and/or Pole Line activity in Fort Bend County" and accompanying attachments have been reviewed and the notice conforms to appropriate regulations set by Commissioners' Court of Fort Bend County, Texas.

(1) Compl~te Application Form. __ :CV-r_ a. Name of road, street, and/or drainage ditch affected. __ .:.V'~_b. Vicinity map showing course of direction. IZ c. Plans and specifications.

(2) Bond: District Attorney, approval when applicable. ____ Perpetual bond currently posted. No. _ Amount _---,_---:--:---:----: _ ____ Performance bond submitted. No. ,{IS(JA/33So1.5 Amount 2t!>C'C>. ____ Cashier's Check. No. _~ _ Amount _

(3) Verbal permission given for emergencies, to start construction before approved in Commissioners' Court.

Precinct Engineer Acknowledgement Date

Precinct Commissioner Acknowledgement Date

(4) Drainage District Approval when applicable.

eviewed this project and agree it meets minimum requirements. Y-z.-f? Date

I:\WPDATA\PROCED\PERMmPERAPPREPOI PERPETUAL BOND COVERING CABLE. CONDUIT AND/OR POLE LINE ACTIVITY IN. UNDER, ACROSS OR ALONG FORT BEND COUNTY ROADS (AUTHORIZED) BOND NO 61SUN335085 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF FORT BEND §

THAT WE, Mark A. Poehls whose address is the Principal, and Hartford Casualt¥ a Corporation existing nnder and by virtue of the laws ofthe State of Texas and authorized to do an indemnifying business in the State of Texas, and whose principal office is located at lia.r,j;ford Connecticut ,whose officer residing in the State of Texas, authorized to accept service in all suits and actions brought within said State is Hartford Insuran

THE CONDITION OF THIS BOND IS SUCH THAT, WHEREAS, the above bounden principal contemplates laying, constructing, maintaining and/or repairing one or more cables, conduits, and/or pole lines in, under, across and/or along roads, streets and highways in the County of Fort Bend, and the State of Texas, under the jurisdiction of the Commissioners' Court of Fort Bend County, Texas, pursuant to the Commissioners' Court order adopted on the 1st day of December, A.D. 1980, recorded in Volume 13, of the Commissioners' Court Minutes of Fort Bend County, Texas, regulating same, which Commissioners' Court order is hereby referred to and made a part hereoffor all purposes as though fully set out herein.

AND WHEREAS, the principal desires to provide Fort Bend County with a perpetual bond covering all such cable, conduit and/or pole line activity;

NOW, THEREFORE, if the above bounden principal shall faithfully perform all its cable, conduit and/or pole line activity (including, but not limited to the laying, constructing, maintaining and/or repair of cables, conduits and/or pole lines) in, under, across and/or along roads, streets and highways in the County of Fort Bend and State of Texas, under the jurisdiction of the Commissioners Court of Fort Bend County, Texas, pursuant to and in accordance with minimum requirements and conditions of the above mentioned Commissioners' Court order set forth and specified to be by said principal done and performed, at the time and in the manner therein specified, and shall pay over and make good and reimburse Fort Bend County, all loss and damages which Fort Bend County may sustain by reason of any failure or default on the part of said principal, then this obligation shall be null and void otherwise to remain in full force and effect.

This bond is payable at the County Courthouse in the County of Fort Bend and State of Texas.

It is understood that at any time Fort Bend County deems itself insecure under this bond, it may require further and/or additional bonds of the principal.

EXECUTED this 24th day of March ,19~.

Mark A. Poehls PRINCIPAL TOa-Jc1+_f!JJ..- BY

Hartford Casualty Insurance

BY Attorney in Fact HARTFORD CASUAL TV INSURANCE COMPANY

EXECUTIVE OFFICE: Hartford, Connactlcut

POWER OF ATIORNEY Know 01. mon by __ • That the HARTFORD CASUALTY INSURANCE COMPANY, • corporation duly organized under the ..... of the State of Indiana, and having its Executive Office in the City of Hartford, County of Hartford, State of Conneclicut, does hereby make. constitute and appoint

PAULjEF.FCOVNClL,OKlNCOVELLlUldKAYMONDD. CHACHERE of ROSENBERG,= iI$ true 8ld lawful Attomey(sHn-Faet. with fuD power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if more than one Is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in ita business of gU8l1lnteeing the fidelity of peraona hoktlng pIacea of public or private trust; gtJ8I'8nIMing the petbii_iC6 of c:ontr8dI other than Inaurance policies; g~ng the performance of insurance contracts where surety banda ... accepted by ..... and municipaItttes, and exeaJting or gual1lnt8eing bonds and undertakings required or pennltted In .. actions or pi c :!II tlinga or by law aIkJwed. inpt:nJl1ties not t:.re«:ding the sum of ------_ OJYZr~O}ilJ()~ (.,I,~,£!Ol7.~)...,1r,------_ and to bind THE HARTFORD CASUAL TV INSURANCE COMPANY thereby as fully and to the .. me extent as if such bonds and .--.as and _ wrIIIngs obligoIoIy in the nature _ W8llI signed by an Executive 0tIic0r of the HARTFORD CASUALTY INSURANCE COMPANY end seaJecI and 8tIeIted by one other of such Officens. and hereby ratifies and conftnns all that its said AII

This power of IIttorney is gr.ud under and by authority of the following Resolutions adopted by the Board of Directors of the HARTFORD CASUALTY INSURANCE COMPANY at a meeting duly called and held on the 15th day of June, 1988.

RESOLVED, that , the PnIIiderd or any Vice-PraIcIent, acting with any 5ecn!ItIIry or Auillant 8eaeIary, $hall have power and authority to IPPC*t. for ~ only fA executing n IllIeIting bonlfI; and uncleJtakings and other wrttinp obligatory in the nature thereof, one or more Resident Viot-Pl " .. , ReaIdenl Alailtant s.c....-Ind AIIui"&)is ift.&ct and at any time to remove any such Reaident Vlc:e-Presldent, Resident Assistant- 8ecnlIaIy, Of Alluih6i-irl-:=ad, and IWOke the JlCJlRI' and authority gHen to him.

AlkAil8)'S-in-.~C'" have power end aUlhorly, sutIjed: to the terms and IImIlations of the power of attorney iuuecl to them. to execute and deMr on ...... of the Compeny and to attach the .... 01 the Company ItleNdo any and aH bonds and ul'ldertakingr;. and other writlngs obligatory In the nabn bI8of, and.-y IUCh instrurn8nt -.c:uI8d by any IUd! AltDrney-In-Fact shall be. binding upon the Corr\plIny as if signed by an Executive Officer -.:I ...... end ~ by one other of IUCh 0ftI0eq.

RESOLVED, ttI8I, ..... the PI8IidMt or any ~ acting with any Secretary or Auiltant 8ecretafy, has the pcMIer and authority to appoinI: by a power of.aorn.y, for purpoaee only oItIIIIBCUtIng and IiIIeIting banda and undertakingl, and other wrItingI obligatory In the nature thereof, one Of men ReiIdenI: ~i"" A8sI8tanI: 8ec:nariM ancII Attorneys In-:='aet. Now ...... , the IIIgrIab,qe of 8UGh 0IIIceni and the .... of the COrrlpMy may be IIfttxed to any auch power of attomey or to any certlftcate ~ IhenlID by r.cuniIB, ancI lIlY such powiIf 0I1IItorMy Of ClIrIft::BIa bMrIng auch t.cIImiIe aJgnaturee or facIimiIe ... 1shel be valid and blnding upon Itte Con1*'IY ancII any IUCh power -0 DICUIId and CIItIIIId by facUnIII ~ and r.cstmIJe .... shaH be valid and binding upon the Company In .. fubn wIh reepKt to .. bond or II'ldertBIdng to which • " abchecI.

In WItnMa Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused these presents to be signed by its Vice- Prooidont, lOlCllls __ lobe __ • duIy_ by its 8ecreIary. this 1st day of Moy. 199t1.

HARTFORD CASUALTY INSURANCE COMPANY -~tf)L d,.OIiO _ _ ..- STATEOF CO'.ECTICUT I.. COUNTY OF IWm'ORD -

On thil1st day of May. A.D. 1995. befcn me personally came Paul L. Marabella, to me known, who being by me duly sworn, did depose ... say: - he ...- In the COunty of H_, _ of Connocllcut; _ he Is the Vlc»-Presidont of the HARTFORD CASUALTY INSURANCE COMPANY, the CQ!,lXIidioil delaibed in ... which executed the above instrument; that he knows the seal of the said corpcwalioi.; hit the aeaI dbced 10" eaid inIIrument is such aH'))Of8te SeIII; th8t it was so atnxed by order of the Board of Directors of said 0IIlp0I_' lOlCl _ he signod his ..... _ by lIko onlOf.

STATE OF CONNECTtCUT I.. COUNTY OF HARTFORD

CEII11FICATE I.the und doyof ~ 19" ,~;l· "\,-.111.,1,;,;,,,./ ...... \;~.Lt r ,,,""-,/ . ,0 ./ '\.J,"'" ••• ~I'''c.. Q'~ .--:~. .::- ...... Uf'" ~ " "\ ~ '~'.; ~ ~ .. t ,-vl1,.,., " " : Q:: ~:i'. y '0: ~ -1'-,.;:0::: ~.u..~,. c;~ ....;:C"':I . ~:-, ·.~~/)1411 /1"1'1 -~- .t' -.,,$. "', ·OJ A .'''' -- ·r ,";'&M,"'\IIQ_o.;.~. . .. l.} AII'l" . .• NO';rCE OF PROPOSEDCAllLE, CONDUITAND/OR POLE LINE ACTIVITY IN, UNDER, ACROSSOR ALONGROADS, STREETS, lIIGIlWAYSANDDRAINAGEDITCHES IN FORT BENDCOUNTY

APPl.ICANT'S JOB NO. PERI'lIT NO. £<£31' PCT. NO. L- BONDNO. 61'>'" 33St:?3-S'

Formal notice is hereby given that af' k -:PO e~Is proposes to lay, construct, maintain and/or repair cable, conduit and or pole lIne, In, under, across, or along roads, slreets, highways and drainage ditches in Fort Bend County, as follows:

In, Under, or Across.Roads and/or Drainage Ditches

Road or Distance I< Dit'ection From Length of Type of ·Construction Ditch NAme Np.arest Intersection Crossing ® Bored:Jacked:Dr.iven:Cased

Along Roads and/or Drainage Ditches

Road or : Distance & Direction From To Distance Ditch Name Nearest Intersection c E.V~ W6:0 A.pr"'~ y,,;/o 0 . ® P,..,p.....f, 041~ 0013 "ff"''1. J.l7s /f{ cl:l~ L.'rY\I~~ ® NATO"" u;vJ£ )\ ,\ "

General Description .Of "II- 5~<. A+hlc..h<-~ Ie.i-\-~,.,.d<\.tc.l i=J, 9, In g to H. Be"d Ce"".\.'1 "* Se.e<. AH<:>ci...l FDA 13v,.\. Aff",o.i.so.l Di~troc..+Ma..r.

The location and description of the proposed installation and appurtenances is mor.e fully shown· on the attached detail. dra"Llgs. The laying, constrllc'tion, maintenance and/or l'epair of the proposed installation shall be subject t.o "A Revised Order Regulating the Laying, Construction, Nai.ntenlihce and/or Repai.r of Cables, Condlli ts, and/ or Pole Li nes, In, Linder, Across, or Along Roads, Streets, Highways and Drainage Ditches in Fort Rend (;ounty, Texas, Under the Jurisdiction of the Commissioners Court of Fort Bend County. TexBstll as pas5en by Commi.ssi.oners Court 0 f. Fort Uend Coun ty, Texas, da ted the 3 rd. day 0 f. A\lgll~t, ~987, recorded in Volume 639 of the l'lill\ltE"s of the Commissioners Court of Fort Bend County, Texas.

Written notices are re4uired: 1) ',8 hours in advance: of stBrt of construction and 2) when construction is complete find reaely for final inspection.

Mail To: Permit Administrator/Fort Rend County Engineer.ing P, O. Box 1449, Rosenberg, Texas 77471 .

Vi.olation of requirements shall constitute grounds for job shut down.

COMPANYNANE: ~C NT and/or OWNER

~Slignat~:-

NAME~ TITLE Ma.r/<.... Re.hIJ '3 (Please Print) DATE: -J.,+.qy

ADDRESS: (Street/p.O. Box) t)u:

To: Fort Bend County Commissioners Fort Bend County Engineers

CC: Gene Freund

From: Mark Poehls

RE: Application to lay utility lines

Mr. Freund: Detailed below is the description of proposed water and sewer lines along Beasley West End Road as stated as needed per our conversation on March 30, 1998. The Sewer line is coded as an "A" as noted on the application. The water line is coded as a "B" as noted on the application.

"A" Sewer Line - One to HL&P power line on hack side of easement, it is necessary to lay 4" PVC Sewer Line with clean ont every 500' approximately 2 feet from edge of road. Line will be buried 3 feet deep as recommended by Fort Bend County. Road will be bored where sewer line crosses Beasley West End Road at property. Sewer line will be laid on west side of road as exhibited on Fort Bend Appraisal District map.

"B" Water Line - Due to Telephone Company cable on back side of easement, it is necessary to lay 2" PVC water line approximately 2 feet from edge of road. Line will be buried 3 feet deep as recommended by Fort Bend County. Water Line will be laid on east side of road as exhibited on Fort Bend Appraisal District map.

Both lines will be trenched where possible with a small amount of backhoe work if necessary. Any requirements by Fort Bend County will be adhered to. Please submit application for Commissioners approval. Commissioner O'Shieles is aware of the proposal. If there are any immediate questions needed to be asked to expedite this application please call me at any of the numbers listed. (409)387-2706 Home, (713)706-4812 Work, & (713)254-6411 Mobile. Please note that it might be necessary to reach me at the mobile phone on Wednesday and Thursday of this week.

Respectfully Submitted,

MarkPoehis 642 6.2

x z

MODENA SCHOOL RD

'0) KEY MAPS INC -'" '",

RRVIEW BY FORT BEND COUNTY COMMISSIONERS COURT

On this p/ day of ;4,P£/t:- , 19 9? ,before the Fort Bend County Commissioners Court came on to be heard and reviewed the accompanying notice of ))dry /lit_I. S l../,41lrEP ?1J.e?'A/e.eSH//" Job Location (]~EE7I/P';SCH 74>. O,4S#/c-es C'H6C#O Dated 'I-z-91 Bond No. OS//f/z..f! , Permit No. ?!f?f/CJ to 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 Jurisdiction of the Commissioners Court of Fort Bend County, Texas," as passed by the Commissioners Court of Fort Bend County, Texas, dated the 1rlL. day of AulNst, ~ 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 Article 1436a, Vernon's Texas Civil Statues. Upon Motion of

Commissioner '£f\WR.)..V)) , seconded by Commissioner 50 I !b "d Q.D ~ 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: 1. Evidence of review by the Commissioners Court must be kept on the jobsite and failure to do so constitutes grounds for job shutdown.

2. Written notices are required: a) 48 hours in advance of construction start up, and b) When construction is completed and ready for final inspection

Mail notices to: Permit Administrator Fort Bend County Engineering P.O. Box 1449 Rosenberg, Texas 77471-1449 281/342-3039

3. This permit expires one (1) year from date of permit if construction has not commenced.

BY~ Presented to Commissioners Court (e.r County Engineer and approved. Recorded in Volume _ By _ Minutes of Commissioners Court. Drainage District EngineerlManager

Clerk of Commissioners Court

BY~~ Deputy

Revised 3/16/98

I:\WPDA T A\LETIERS\PERMITICCPLAREV COUNTY OF FORT BEND Engineering Department P.O. Box 1449 Sidney M. Shaver 1124 Blume Rd. Rosenberg, TX 77471-1449 Pennit Administrator Phone: (281)342-3039

PERMIT APPLICATION REVIEW FORM FOR CABLE, CONDUIT, AND POLE LINE ACTIVITY IN FORT BEND COUNTY

PERMIT NO. -----".J'..:....:'J f.~~...::.I) _

(I) Complete Application Form. __ ..:cV--=-_a. Name of road, street, and/or drainage ditch affected. __ -=-V----;_ b. Vicinity map showing course of direction. __ -"v''-----_ c. Plans and specifications.

/ (2) Bond:

(3) Verbal permission given for emergencies, to start construction before approved in Commissioners' Court.

Precinct Engineer Acknowledgement Date

Precinct Commissioner Acknowledgement Date

Drainage District Approval when applicable.

We have revi wed this project and agree it meets minimum requirements. ~z-9tf Date

I:\WPDATA\PROCED\PER.MmPERAPPRE,POI OHicial Check NationsBank®

**** FORT BEND COUNTY ***** *~*_~!

H, I, ~OO ~Fl 511' TANlKA CAPLEL • THE ORIGINAL DOCUMENT HAS A REFLECTIVE WATERMARK ON THE BACK HOLD AT AN Ai"iGLE TO VIEW WHEN CHECKING THE ENDORSEMENT • NOTICE OF PROPOSED CABLE, CONDUIT AND/OR POLE LINE ACTIVITY IN, UNDER, ACROSS OR ALONG ROADS, STREETS, HIGHWAYS AND DRAINAGE DITCHES IN FORT BEND COUNTY

APPLICANT'S JOB NO. 606-011-00 PERMIT NO. ?I?~ pa' NO . ..z BOND NO. 051IPzile/l51f/¢ C/;eoc) Formal notice is hereby given that Katy Mills Limited Partnership proposes to lay, construct, maintain and/or repair cable, conduit and/or pole ll.ne, in, under, across, or along roads, sLreets, highways and drainage ditches in Fort Bend County, as follows: In, Under, or Across Roads and/or Drainage Ditches Type of ·Cpnstruction Road or Distance [,Direction From Length of Ditch N"me Nearest Intersection Cross i.ug. Bored:Jacked:Dr.iven:Cased Green Busch: 200' south of Shadow Forest: 50 LF

Along Roads and/or Drainage Ditches

Road or Dis tance & Direc tion From To Distance Ditch Name Nearest Intersection

Green Busch: north & south of Shadow Forest 360 LE

General Description

Install 42" RCP storm sewer culvert under and along Green Busch Road in accordance FI ,-If D ij",pf!13l- with plans (attached). Maintain one lane traffic open all times. i!'AlC.P~PA~AI~ !"'/,t.£"$# /I.?-/Y.~ The location and description of the proposed installation and appGf~:;r:nces'~,f;J more fully shown on the attached detail dra" bgs. The laying, cons truction, maintenance and/or repair of the proposed installation shall be subject to "A Revised Order Regulating the Laying, Construction, ~Iai.ntenanceand/or Repai.r of Cables, Conduits, and/or Pole Lines, In, Under, Across, or Along Roads, Streets, Highways and Drainage Ditches in Fort Rend (;ounty, Texas, Under the Jurisdiction of the Commissioners Court of Fort BE"nd County, Tex~sl" as passed by Commi.ssioners Court of Fort Bend County, Texas, dated the 3rd. d"y of August, 1987, recorded in Volume 639 of the Minutes of the Commissioners Court of Fort Bend County, Texas. Written noti.ces are required: 1) 48 hours in advance of start of construction and 2) when construction is complete and ready for fin"l inspection.

Mail To: Permit Administrator/Fort Bend County Engineering P. O. Box 1449, Rosenberg, Texas 77471 .

Violation or requirements shall constitnte groul1~,sfor job shut down.

COMPANY NAME: Limited Partnership OWNE _.,

Signature

NAME & TITLE Jerry L. Jackson, Project Manager (Please Print) DATE: March 23, 1998

ADDRESS: 1326 Pin Oak Road (Street/P.O. Box) Katy, Texas 77494 City State Zip TELEPHONE NO: 281-392-5100 REV. 4/8/91 (accessible 24 hrs/day, 7 days/week) C:\WPS1\fORM\PERMIT\CCPLA\PRMITAPP pager 1-888-591-0943 AS PER ORIGINAL

-, I \ CITY \ w I I \ OF "'"Cl ~ KATY Cl I - 5 § I

HIGHWAY BLVD. INTERSTATE HIGHWAY 10 "

~ INTERSTATE HIGHWAY 10

PROJECT LOCATION

LOCATION MAP

", , REVIEW BY FORT BEND COUNTY COMMISSIONERS COURT

On this If' day of ~~?- ,19 ff , before the Fort Bend County Commissioners Court came on to be heard and reviewed the accompanying notice of h~r,Orpttp ~t'z?.vE G- Job Location Y"'VIS&rd7§~t> Dated

1. Evidence of review by the Commissioners Court must be kept on the jobsite and failure to do so constitutes grounds for job shutdown.

2. Written notices are required: a) 48 hours in advance of construction start up, and b) When construction is completed and ready for fmal inspection

Mail notices to: Permit Administrator Fort Bend County Engineering P.O. Box 1449 Rosenberg, Texas 77471-1449 281/342-3039

3. This permit expires one (1) year from date of permit if construction has not commenced.

By {4wJL{f}z~ Presented to Commissioners Court ~County Engineer and approved. Recorded in Volume _ By _ Minutes of Commissioners Court. Drainage District Engineer/Manager

Clerk of Commissioners Court

Revised 3/16/98

I:\WPOATA\LE'ITER.S\PERMLAREV COUNTY OF FORT BEND Engineering Department P.O. Box 1449 Sidney M. Shaver 1124 Blume Rd. Rosenberg, TX 77471-1449 Permit Administrator Phone: (281)342-3039

PERMIT APPLICATION REVIEW FORM FOR CABLE, CONDUIT, AND POLE LINE ACTIVITY IN FORT BEND COUNTY

PERMIT NO. --=-?t.!-I!-f1~,-,Y,- _

/ (1) Complete Application Form. __ -"'/:,,,.._a. Name of road, street, and/or drainage ditch affected. __ -=.t7~<_ b. Vicinity map showing course of direction. 17 c. Plans and specifications.

(2) Bond: ./

(3) Verbal permission given for emergencies, to start construction before approved in Commissioners' Court.

Precinct Engineer Acknowledgement Date

Precinct Commissioner Acknowledgement Date

(4) Drainage District Approval when applicable.

We have reviewed this project and agree it meets minimum requirements. !6-3-ff Date

1:\WPDATA\PROCEIJ\PERMmPERAPPRE.POI NOTICE OF PROPOSED CABLE, CONDUIT AND/OR POLE LINE ACTIVITY IN, UNDER, ACROSS OR ALONG ROADS, STREETS, HIGHWAYS AND DRAINAGE DITCHES IN FORT BEND COUNTY

APPLICANT'S JOB NO. PERMIT NO. R/f~/ PCT. NO. ---.L- BONI) NO. exfl5?¢6Z--

Formal notice is hereby given that Fort bend TelepbQnee-LC"'0L.....~-.::--:c:-r;r:c::-:='-" proposes to lay, construct, llIaintain and/or repair cable. conduit and/or pole line, in, under, across. or along roads, streets, highways and drainage ditches in Fort Bend County, as follows:

In, Under, or Across Roads and/or Drainage Ditches

Road or Distance & Direction From Length of Type of Construction Ditch Name Nearest Intersection Crossing Rored:Jacked:Driven:Cased

Along Roads and/or Dranage Ditches

Road or : Distance & Direction From To Distance Ditch Name Nearest Intersection r)~\1\ OS r '"S\f\Tt-5 5907 Wf=.S;T

General Description ..-- f-of2'T BEc_UD --,;, f P"OfJL (n

ON D"v's E.-STATC SeD. Rio A:':>f

The location and description of the proposed installation and appurtenances is more tully shown on the attached detail drawings. The laying, const.ruction, mainlenance and/or repair of the proposed installation shall be subject to "A Revised Order Regulating the Laying, Construction, Maintenance and/or Repair of Cables, Conduits, and/or Pole Lines, In, Under, Across, or Along Roads, Streets, Highways and Drainage Ditches in Fort Bend County. Texas, Under the .Jurisdiction of t.heCommissioners Court of Fort Bend County, Texas," as passed by Commissioners Court of Fort Bend County, Texas, dated the 3rd. day of August, 1987, recurded in Volume 639 of the Minutes of t.heCommissioners Court of Fort Bend County, Texas.

Wri.tten lloti.ces are required: 1) 48 hours in advance of start of construction 8ud 2) when coustructioll is complete and ready for final inspection.

Nail To: Permi t Adminis trator! Fort Bend County Engineering P. O. Bux 1449, Rosenberg, Texas 77471

Violation of requi.rements shall constitute grounds for job shut down.

ADDRESS: 24403 Roesner (Street/P.O. Box)

Katy, Texas 77494 City State Zip TELEPHONE NO: 713- 396-5380 REV. 4/8/91 (accessible 24 hrs/day, 7 days/week) ,..3 r- ~ via ,.. ~ v 0 ,u . l-3 " . {I' ~{Y v:

SiC. ~ St.LT~.J ·A A ~

""Sou H\ R,D.W.

SCALE 1'\.\ .T S FORT BEND TELEPHONE CO. KCF\~ bUll::. 24403 ROESNER RD. DRAWN BY \::: . s ' r-ocr BLNb KATY. TEXAS 77494 DATE 4-2-'1'D ENGINEEmNG DEPARTMENT ScC\\(,"\ A- A. DF\\I\':.> I: <;rpq,.·-, (21::>.

"3 o U

~ ,0

3w:" L30'~ "'I' -

;: I ; -I·

c··,r SCALE \ \I ~ (-.,' FORT BEND TELEPHONE CO. R C Af ..1 Q.. ,JD 24403 ROESNER RD. DRAWN BY ~ . "':) . KAn', TEXAS 77494 ~o?i Be 'ID ENGINEERING DEPARTMENT DATE 4 .2 ."1""& i~~~~~I~~~ - .. :;':';'~ :,;Zj'g';jf:

- ~\~"'.,

BEARDRD I 7000 ···':·;·"-':·{1 N

AN UNTY L • ,

2.... 2'000 23200 23000

.-"<

T a U ,. R , w a 8 t,e,."". c • "0> u ~ > R

c.. w x SCHULZ RD '00 3500 . "',,~ ~:;. FORT BEND COUNTY

RIGHT-OF-WAY DEED

THE STATE OF TEXAS 1t

COUNTY OF FORT BEND 1t

KNOW ALL MEN BY THESE PRESENTS: That the undersigned, H. O.

Hartfiel, Ilea1~ Ra;eo.bcw, of the County ofFort Bend,

State of Texas, whose addresses are as shown above (hereinafter called GRANTOR,

whether one or more) for and in consideration of the benefits to be derived on account of

and from the construction, operation and maintenance by FORT BEND COUNTY, of the

drainage canal and system upon and through the land hereafter described, the sufficiency

of which is hereby acknowledged and confessed, has granted, bargained, sold and

conveyed, and by these presents hereby grants, bargains, sells and conveys unto said

FORT BEND COUNTY (hereinafter called the COUNTY) of the State of Texas, a right-

of-way and easement for the purpose of constructing, maintaining, operating, repairing

and re-constructing a drainage canal, including drains, ditches, laterals and levees, upon,

over, through and across the lands of GRANTOR along the route hereinafter designated,

and said lands being situated in Fort Bend County, Texas, to-wit:

The COUNTY shall have an easement of an aggregate width of forty (40) feet,

being twenty (20) feet, extending at right angles, on each side of the following line and

course across said land, to-wit:

That certain land of GRANTOR'S situated in the H & T eRR Survey, Abstract

218, in Fort Bend County, Texas;

Beginning at a point where the centerline of a Buffalo Creek Lateral (referred to

by Fort Bend County as Ditch I-B-3-j) intersects the southeasterly line of Grantor's tract;

Thence upstream following the various meanders of the centerline or thread of

said lateral to intersect the northwesterly property line of Grantor's tract, being the

termination point of this easement.

Return to: Gene Freund, FBC Engineering The COUNTY is authorized to spread spoil dirt and operate machinery in the construction and maintenance of said drainage channel upon the premises of GRANTOR immediately adjoining said easement as above described.

The easement above described forms a part of the drainage ditch and channel classified by the COUNTY as I-B-3-j; and which drainage channel so designated is shown on the attached map marked "EXHIBIT A", same being here referred to and made a part hereof for all purposes; and the COUNTY agrees that it shall at no time construct any ditch or provide any water inlets which will take water from outside of the watershed area as shown by the attached plat and divert such water into said drainage channel I-B-

3-j.

The COUNTY further agrees that the drainage channel to be constructed under this easement will be constructed and used for agricultural drainage.

The COUNTY shall have all rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, with the right of ingress and egress to and from said drainage canal right-of-way, provided however, that after construction of said drainage canal, said right of ingress and egress of the COUNTY shall be limited to the said right-of-way and to existing roads and passageways. The COUNTY is given the right from time to time to cut and remove all trees, undergrowth, and abate other

obstructions, upon said canal right-of-way, that may injure, endanger, or interfere with

the construction, operation, maintenance and repair of said drainage canal.

The COUNTY agrees, during the life of this easement, to repair all damage to

roads, passageways and fences resulting from the COUNTY'S use in going to and from

said easement and right-of-way, and to restore the same to the previously existing

condition as near as possible.

GRANTOR reserves the right to use the facilities offered by the drainage canal for

the disposal of surface waters, rain, or any excess waters collecting upon his land, and in

such connection GRANTOR has the right in the manner provided by law and at his own

expense to construct and provide ditches, drains and laterals connecting his said land or

portions thereof with the drainage canal. .'

GRANTOR reserves the oil, gas and sulphur in and under the land covered by this

easement, provided, however, that during the life of this easement no mining or drilling

operations shall be conducted upon the surface of the area included in the easement right-

of-way above described.

It is agreed that if at a future time the COUNTY, its successors or assigns, shall

permanently cease to use said drainage canal right-of-way for the purposes herein

contained, and shall permanently abandon the same, then and in such event the said right-

of-way above described, together with all rights and interests held by the COUNTY by

reason of this instrument, shall revert, pass to and vest in the said GRANTOR, his heirs

or assigns.

TO HAVE AND TO HOLD said right-of-way and easement herein granted, unto

the said COUNTY, its successors or assigns.

EXECUTED this the l.j;'iI day of ...==o=.... __ " A.D. 199-.1-.

BEFORE ME, the undersigned authority, a Notary Public in and for said County

and State, on this day personally appeared H. O. Hartfiel, known to me to be the person(s)

whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me

that she executed the same for the purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the '-\+"'- day of

CHERYL S. PATIeRION NoblY Putlio, ~ .tTexu ' .. Commissio.1 Elqlllll 141-2000 '~" Notary Public for the State of Texas

My Commission Expires: \. &- \ -~Da C> I I I I I I

I ----=::: ~--=- ::_ ::--:: ~ 01>(\)l33~"J0,.,.;;('\9 - \_£-9- I ::-- - I - ~ ~---::::;:. - _ - »e:t ~ <.. ~ ~ z <0 ~1 '"z in 'ij CD M I \\ :u '" I I ?1 0'" > "''' .... ~ ~~ ..... " "'-:e 0> 0'" MCD ~ ~I ....<0-<" toF O· ..... ~ <0. 0'" z ..... SZ .... ~ <0' fi-:e > .... Z> Z I CD 0::j >;:: >-< zn Ol>I f'al no <..> O' °C .f' Z '"Z Z Z ~~. ..., al '"--i 0 iT; 0 c I r '"z z " z I 'j; I " I I I , I '-- I I I :'1 ~ I ~ I '"tH 01 I I ,, I I . . ALTIMORE ROAD ~ .. '

EXHIBIT A ·.

FORT BEND COUNTY

RIGHT-OF-WAY DEED

THE STATE OF TEXAS 11

COUNTY OF FORT BEND 11

KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Peggy

Wittenben, BIf.1.1 g ?-z eo~ r ;bYe?--- of the County of Fort

Bend, State of Texas, whose addresses are as shown above (hereinafter called

GRANTOR, whether one or more) for and in consideration of the benefits to be derived

on account of and from the construction, operation and maintenance by FORT BEND

COUNTY, of the drainage canal and system upon and through the land hereafter

described, the sufficiency of which is hereby acknowledged and confessed, has granted,

bargained, sold and conveyed, and by these presents hereby grants, bargains, sells and

conveys unto said FORT BEND COUNTY (hereinafter called the COUNTY) of the State

of Texas, a right-of-way and easement for the purpose of constructing, maintaining,

operating, repairing and re-constructing a drainage canal, including drains, ditches,

laterals and levees, upon, over, through and across the lands of GRANTOR along the

route hereinafter designated, and said lands being situated in Fort Bend County, Texas,

to-wit:

The COUNTY shall have an easement of an aggregate width of forty (40) feet,

being twenty (20) feet, extending at right angles, on each side of the following line and

course across said land, to-wit:

That certain land of GRANTOR'S situated in the H & T C R R Survey, Abstract

218, in Fort Bend County, Texas;

Beginning at a point where the centerline of a Buffalo Creek Lateral (referred to

by Fort Bend County as Ditch I-B-3-j) intersects the southeasterly line of Grantor's tract;

Thence upstream following the various meanders of the centerline or thread of

said lateral to intersect the northwesterly property line of Grantor's tract, being the

termination point of this easement

3-j.

The COUNTY further agrees that the drainage channel to be constructed under this easement will be constructed and used for agricultural drainage.

The COUNTY shall have all rights and benefits necessary or convenient for the

full enjoyment or use of the rights herein granted, with the right of ingress and egress to

and from said drainage canal right-of-way, provided however, that after construction of

said drainage canal, said right of ingress and egress of the COUNTY shall be limited to

the said right-of-way and to existing roads and passageways. The COUNTY is given the

right from time to time to cut and remove all trees, undergrowth, and abate other

obstructions, upon said canal right-of-way, that may injure, endanger, or interfere with

the construction, operation, maintenance and repair of said drainage canal.

The COUNTY agrees, during the life of this easement, to repair all damage to

roads, passageways and fences resulting from the COUNTY'S use in going to and from

said easement and right-of-way, and to restore the same to the previously existing

condition as near as possible.

GRANTOR reserves the right to use the facilities offered by the drainage canal for

the disposal of surface waters, rain, or any excess waters collecting upon his land, and in

such connection GRANTOR has the right in the manner provided by law and at his own

expense to construct and provide ditches, drains and laterals connecting his said land or

portions thereof with the drainage canal. GRANTOR reserves the oil, gas and sulphur in and under the land covered by this easement, provided, however, that during the life of this easement no mining or drilling operations shall be conducted upon the surface of the area included in the easement right- of-way above described.

It is agreed that if at a future time the COUNTY, its successors or assigns, shall permanently cease to use said drainage canal right-of-way for the purposes herein contained, and shall permanently abandon the same, then and in such event the said right- of-way above described, together with all rights and interests held by the COUNTY by reason of this instrument, shall revert, pass to and vest in the said GRANTOR, his heirs or assigns.

TO HAVE AND TO HOLD said right-of-way and easement herein granted, unto the said COUNTY, its successors or assigns.

EXECUTED this the rJ. I day of

BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Peggy Wittenben, known to me to be the person(s) whose name(s) is/are· subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the .2/ day of

' CONNIE HAll • • • ~Pll*,_ofT .... Notary Public for the State of Texas ""~~ lQ-1HllOO • My Commission Expires: /0 - /I,-;l oll 0 I I I I I I

q... I ~o "'~ - <:z -::::--:: -~~;.;ne- "'~ - • V1 )\33H:l I ~r - - \_~-e-I~ I - -~ L~-:::;:::. '- ~ :;.;::- <0 .»"'s: ~~ '"z lo ", z ...<0_ ';i 0'" "'''' '"en T ~..." '" z» I t1d zo '" f> 'C O' ."..'"" z Z "Cl Cl ~ "'Cl ~:; aU ~::t: <0-< lD ~?i z Z ~~ '"lD 0 -:!j '".... 0 c r z'" z z I '" lj; "lJ I I I I I "--" I " I I :'l ;;: I ~ N I VI 0> I I -

I - I ALTIMORE ROAD ~------.' .

.. ' ~ " EXHIBIT A

;'1 FORT BEND COUNTY

RIGHT-OF-WAY DEED

THE STATE OF TEXAS n

COUNTY OF FORT BEND n

KNOW ALL MEN BY THESE PRESENTS: That the undersigned, William

Benton, I V ~ rK" r M 1,,2.3 C, pe''('' d VI /.i ~ of the County of Fort Bend,