HomeMy WebLinkAbout2007-07-24-9:00AM-REGULARr
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BRAZOS COUNTY ,
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 24 JULY 2007 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM
OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115,
BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance — Commissioner Peters.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 — 26:
3. Budget Amendment 06/07 -37.1 thru 06/07 -37.4.
4. Personnel Change of Status.
5. Payment of Claims.
6. Proclamation 07 -032 establishing 23 -26 July 2007 as the General Convention of Texas
and Congress of Christian Workers for the Missionary Baptist Church.
7. Resolution 07 -013 disapproving a July 16, 2007 action of the Board of Directors of the
Brazos County Appraisal District.
8. Review and possible changes to the current requirements and fees for on -site sewage
facilities.
9. Request to write off outstanding account receivables due to a lapse of time and
subsequent inability to collect.
Office of the County Judge • 300 East 26'" St. . Suite 114 • Bryan, Texas 77803 . Fax: (979) 361 -4503
VOL PAGE 30
Commissioners Court Agenda
24 July 2007
Page 2
10. Adoption of an e- filing fee of $2.00 per submission for the purpose of recovering the
actual costs directly incurred by Brazos County in providing case management
electronic filing, pursuant to Texas Government Code, sections 2054.111(e) and
2054.1115(b).
11. Sponsorship Agreement with Bryan Coca -Cola as the exclusive provider of all non-
alcoholic beverages for the Brazos County Exposition Complex, effective I August
2007, and shall continue for a period of Five (5) one (1) year terms with automatic
annual renewal for years Two through Five.
12. Application to the Texas Comptroller of Public Accounts for $183.98 in unclaimed
capital credits, to be used in accordance with Section 381.004 of the Texas Local
Government Code.
13. Update of the Local Emergency Planning Committee membership and submission to
the State Emergency Response Commission.
14. Order relocating the polling place for Election Precinct 8.
Orden para trasladar el Sitio de Votaci6n por Precinco de Elecciones numero 8.
15. Republican Party's appointment of Judges and Alternate Judges with a one (1) year
term ending 31 July 2008.
El Nombramiento de Jueces y dueces Alternos del Partido Republican con un plazo de
un ano que se termina el 31 de Julio de 2008.
16. Democratic Party's appointment of Judges and Alternate Judges with a one (1) year
term ending 31 July 2008.
El Nombramiento de Jueces y Jueces Alternos del Partido Democrtitico con un plazo
de un aho que se termina el 31 de Julio de 2008.
17. Request from Juvenile Services for reimbursement of valet parking charges at the host
hotel for the Training Coordinator's Conference in the absence of other parking
options.
18. Request from Juvenile Services for reimbursement of hotel accommodations at
$88.14 /night for a conference that does not have a host hotel; conference location is
Williamson County Juvenile Services.
19. Tax Refund Applications for the following:
a. Dexter B. & Portia Smith d. Ernest L. Harrell, Jr.
b. Ronnie G. & Linda J. Carson e. Nantucket Cove, LTD
c. Tracy D. & Arnetra S. Davis
20. Permission to advertise Bid 2007 -042, Moving of Portable Buildings from the Brazos
County Administration Building to the Juvenile Justice Center.
vin - 1 1 rauL Z1
Commissioners Court Agenda
24 July 2007
Page 3
21. Extension of Bid 2006 -034, Flexible Base /Screenings /Sand, through 19 November
2007.
22. Permission to award Bid 2007 -037, Contractor for the Brazos County Administration
Building, to Madison Construction for the amount of $3,384,311.00.
23. Capital requisition to Madison Construction as contractor for the Brazos County
Administration Building.
24. Capital requisition 00014617 for the purchase of e -filing for civil cases per purchase
agreement approved in Commissioners Court on 26 June 2007.
25. Request from Verizon Communications to construct an 80 ft. road bore for buried cable
installations in the right of way of Greens Prairie Road approximately 2,095 northeast
of its intersection with Royder Road. Site is located in Precinct 1.
26. Payment authorization from Jail Administration to Performance Food Group in the
amount of $1,782.00. The invoice exceeded the purchase order amount.
27. Announcement of interest items and possible future agenda topics.
28. Call for citizen input and/or concerns.
29. Agency / Board / Committee reports by Court members.
30. Adjourn
The Brazos County Courthouse is wheelchair accessible. Handicap EEarking spaces are available. My request for sign
interpretive services must be made two business days befo a thG m@ettfid..�O make arrangements, call (979) 361 -4102.
ivo- y
COMMISSIONERS' COURT
REGULAR MEETING
JULY 24, 2007
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Courthouse in Bryan, Brazos County, Texas,
beginning at 9:00 a.m, on Tuesday, July 24, 2007 with the
following members of the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1,
Absent;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4,
Absent;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Peters gave the invocation and then led the
pledge of allegiance.
There was no citizen input /and or concerns.
The Court next considered Budget Amendment #06/07 -37.1
through 37.4 that would reallocate funds for the Road and
Bridge Department(3), and Capital Projects- Commissioners
Court. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the budget amendment as submitted, a copy of which is attached
Vol a1 Page 33
Commissioners Court meeting July 24, 2007 2
hereto.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7033450 through 7033740
On motion by Commissioner Mallard, seconded by Commissioner
Peters, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was consideration of
Proclamation 07 -032 establishing July 23 through 26, 2007 as
the Annual Session of the Congress of Christian Workers for
the Missionary Baptist General Convention of Texas. The Court
is pleased to recognize the Missionary Baptist Church of Texas
and the Missionary Baptist General Convention of Texas and to
welcome the participants to Brazos County for their 92 d Annual
Session of the Congress of Christian Workers to be held in
College Station. On motion by the County Judge, seconded by
Commissioner Peters the Court moved to establish July 23
through 26, 2007 as the Annual Session of the Congress of
Vol qj Page
Commissioners Court meeting July 24, 2007 3
Christian Workers for the Missionary Baptist General
Convention of Texas in Brazos County.
The next matter before the Court was consideration of
Resolution 07 -013 disapproving a July 16, 2007 action of the
Board of Directors of the Brazos County Appraisal District.
The County Judge asked Court Counsel for an update. Mr.
Ballard said that the Appraisal District Board would meet
tomorrow and that they are working toward a resolution to the
problem. On motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously to remove
this item from the agenda.
The Court next considered a review and possible changes
to the current requirements and fees for on -site sewage
facilities. Commissioner Mallard explained why he asked that
this be placed on the agenda. New law from the state allows
homeowners to operate their own septic systems and that this
could cause a serious situation. One idea is to increase the
minimum lot size from 1 acre to 2 acres or require homeowners
to build smaller houses on lots to allow for at least a full
acre for the drain field. Another idea is having a package
plant go in these new subdivisions being developed. Don Plitt,
Director of Environmental Services with the Health Department
spoke on the issues. There is serious concern over the spray
Vol Page .K
Commissioners Court meeting July 24, 2007 4
from the septic system, hitting houses, trees and front lawns.
He recommended going to a 2 acre minimum lot size in order to
allow for a proper sized drain field for the septic system.
Richard Vance, County Engineer suggested putting this criteria
into the deed restrictions. Commissioner Peters asked if we
could set certain criteria of processing a certain number of
gallons per bedroom per day. Mr. Plitt said it was a
possibility. Commissioner Peters said that if it is a health
issue, just getting a bigger lot so that neighbors don't
complain about the smell may not be the solution. We need to
bring up the regulations to deal with peak flows. He asked if
we had set back lines for the spray. Mr. Plitt said you can
spray up to the foundation. Commissioner Peters voiced
concern over the cost of lots if there is an increase in
minimum lot size but if it is a health concern then we need to
look into this. Richard Vance said that one issue is that if
there is a 2 acre minimum it will reduce the number of people
who can afford to buy lots. Frank Duchmasclo, developer of
North Country Estates, Dale Brown with McClure Engineering,
Steve Ardin with Brazosland Realty, and Kenneth Davis a
resident of Brazos County all addressed the problems
associated with this issue. Among the issues brought up were
that package sewer systems need 200 lots to make them viable,
Vol Page 20
Commissioners Court meeting July 24, 2007 5
people are building too much house on an acre lot, the
wetlands system does not work well here. Don Plitt said he'd
like to see a workshop on this issue. On motion by the County
Judge, seconded by Commissioner Peters, the Court voted
unanimously to remove this from the agenda.
The next matter for the Court's consideration was a
request from the County Auditor to write off outstanding
account receivables in the amount of $178.20. On motion by
Commissioner Peters, seconded by Commissioner Mallard, the
Court voted unanimously to approve the request.
The Court next considered adoption of an e- filing fee of
$2.00 per submission for the purpose of recovering the actual
costs directly incurred by Brazos County in providing case
management electronic filing, pursuant to Texas Government
Code, sections 2054. Ill (e) and 2054.1115(b). Commissioner
Peters moved to approve the request. Commissioner Mallard
seconded the motion. The County Judge said that according to
the District Clerk, the Judges still want hard copies of the
filings even with e- filing. Commissioners Peters, Mallard
and the County Judge voted "No ". The motion failed.
The next matter before the Court was consideration of a
Sponsorship Agreement with Bryan Coca -Cola as the exclusive
provider of all non - alcoholic beverages for the Brazos County
Vol 617 Page S7
Commissioners Court meeting July 24, 2007 6
Exposition Complex. The term of the agreement commences on
August 1, 2007 and continues for a period of five (5), one (1)
year terms with automatic renewal for years two to five.
Coca -Cola will pay the County $40,000.00 for the five (5) year
period. On motion by Commissioner Peters, seconded by the
County Judge, the Court voted unanimously to approve the
Sponsorship Agreement with Bryan Coca -Cola. A copy is
attached.
The Court next considered an application to the Texas
Comptroller of Public Accounts for $183.98 in unclaimed
capital credits, to be used in accordance with Section 381.004
of the Texas Local Government Code. On motion by Commissioner
Peters, seconded by Commissioner Mallard, the Court voted
unanimously to make application to the Texas Comptroller of
Public Accounts for $183.98 in unclaimed capital credits.
The next matter before the Court was consideration of an
updated Local Emergency Planning Committee membership and
submission to the State Emergency response Commission. On
motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Local
Emergency Planning Committee membership listing and to submit
it to the State emergency Response Commission. A copy is
attached.
Vol 00 Page i8
Commissioners Court meeting July 24, 2007 7
The next matter before the Court was consideration of an
Order Relocating Polling Place for Election Precinct 8. The
polling place for election Precinct 8 is located in the South
Knoll Elementary School, 1220 Boswell, College Station, Texas.
For the convenience of the voters it is recommended that
election Precinct 8 be relocated at the Parkway Baptist Church
located at 1501 Southwest Parkway, College Station, Texas. On
motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to adopt the Order
Relocating Polling Place for Election Precinct 8 from South
Knoll Elementary School to Parkway Baptist Church.
The Court next considered the Republican Party's
appointment of Judges and Alternate Judges with a one (1) year
term ending July 31, 2008. On motion by Commissioner Peters,
seconded by Commissioner Mallard, the Court voted unanimously
to appoint the following individuals as presiding judge and
alternate judge for the current voting year at the following
voting precincts. The list of appointees is attached.
The Court next considered the Democratic Party's
appointment of Judges and Alternate Judges with a one (1) year
term ending July 31, 2008. On motion by Commissioner Peters,
seconded by Commissioner Mallard, the Court voted unanimously
to appoint the following individuals as presiding judge and
Vol � Page 2q
Commissioners Court meeting July 24, 2007 g
alternate judge for the current voting year at the following
voting precincts. The list of appointees is attached.
The Court next considered a request from Juvenile
Services for reimbursement of valet parking charges at the
host hotel for the Training Coordinator's Conference. The
host hotel has valet parking only. On motion by the County
Judge, seconded by Commissioner Peters, the Court voted
unanimously to approve the request.
The next matter before the Court was consideration of a
request from Juvenile Services for reimbursement of hotel
accommodations at $88.14 per night for a conference that does
not have a host hotel. On motion by the County Judge,
seconded by Commissioner Peters, the Court voted unanimously
to approve the request.
The next matter for consideration was approval of tax
refund applications from the following individuals and /or
companies:
a. Dexter B. & Portia Smith, over payment $42.05
b. Ronnie G. & Linda J. Carson, over payment $108.36
c. Tracy D. & Arnetra S. Davis, over payment $45.75
d. Ernest L. Harrell, Jr., over payment $83.74
e. Nantucket Cove, LTD, over payment $3,586.56
On motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the tax refund
applications.
Vol Page q_0
Commissioners Court meeting July 24, 2007 9
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 2007 -042, Moving of Portable
Buildings at Administration Building to Juvenile Justice
Center. On motion by the County Judge, seconded by
Commissioner Peters the Court voted unanimously to authorize
the Purchasing Agent to advertise for bids for Moving of
Portable Buildings at Administration Building to Juvenile
Justice Center.
The next matter before the Court was consideration of a
request from the Purchasing Department seeking approval to
extend Bid 2006 -034, Flexible Base /Screenings /Sand through
November 19, 2007. This will better serve the Road & Bridge
Department. Because of increased fuel costs and the increase
in price of doing business, vendors will be increasing their
prices to allow for their costs. On motion by Commissioner
Peters, seconded by Commissioner Mallard, the Court voted
unanimously to approve the request.
The Court next considered awarding RFP 2007 -037,
Contractor for the Brazos County Administration Building. Pat
Howard, Purchasing Agent, along with the appointed committee,
and Patterson Architect recommended acceptance of the RFP
submitted by Madison Construction for the amount of
$3,384,311.00. Commissioner Peters moved to approve the
Vol 00 Page �'I
Commissioners Court meeting July 24, 2007 10
recommendation. Commissioner Mallard seconded the motion.
Bill Ballard, Court Counsel, asked that the motion be amended
to state approval will be granted with the use of the 201 AIA
Standard Forms and with the standard exemptions. Commissioner
Mallard moved to amend the previous motion to include the use
of the 201 AIA Standard Forms and with the standard
exemptions. Commissioner Peters seconded the motion and it
carried unanimously. The Court voted unanimously to accept the
recommendation of the Purchasing Agent and award the contract
to Madison Construction. A copy of the tabulation sheet is
attached.
The Court next considered approval of a requisition to
Madison Construction in the amount of $3,384,311.00 as
Contractor for the Brazos County Administration Building. On
motion by Commissioner Peters, seconded by the Cunty Judge,
the Court voted unanimously to approve the requisition.
The next matter before the Court was consideration of
requisition 00014617 to the Software Group in the amount of
$19,000.00 for an enhancement to the computer system to accept
e- filing. On motion by Commissioner Mallard, seconded by
Commissioner Peters, the Court voted unanimously to deny
approval of the requisition.
The Court next considered the request from Verizon
Vol 01 Page �a
Commissioners Court meeting July 24, 2007 11
Communications to construct an 80 foot road bore for buried
cable installations in the right -of -way of Greens Prairie Road
approximately 2,095 feet northeast of its intersection with
Royder Road. The site is located in Precinct 1. The County
Engineer stated that all appeared to be in order and
recommended approval. On motion by Commissioner Peters,
seconded by Commissioner Mallard, the Court voted unanimously
to approve the request from Verizon and authorized the
installation. A copy of the request is attached hereto.
The next matter before the Court was consideration of a
payment authorization in the amount of $1,782.00 to
performance Food Group. The invoice exceeded the amount of
the purchase order. On motion by Commissioner Peters,
seconded by the County Judge, the Court voted unanimously to
approve the payment authorization.
Under announcement of interest items and possible future
agenda topics the following spoke:
County Judge
a) Apologized that the webpage was down for a
while and that the agenda was not
accessible.
Commissioner Mallard
a) We will post another meeting /workshop for
ideas on problems concerning off site
septic systems. Maybe we can hold it in
the Brazos Center for more room.
Vol Ct q - Page �-3
Commissioners Court meeting July 24, 2007
Under citizen input and /or concerns, the following
spoke:
Sheriff Kirk
a) There were 566 inmates last night. 9 of
them were on work release. Judge Zachary
sent home 39 with monitoring.
County Judge
a) Congratulated the Sheriff on his election
as President of the Sheriff's Association.
12
There were no Agency /Board /Committee reports by Court
members.
There being no further business to come before the Court,
the meeting was adjourned.
Vol a7 Page 44
The foregoing minutes of the Commissioners Court meeting held
24, 2007 have been examined and are approved in open
Court this the 6?q-- day of A1LVm h- , 2007, in Bryan,
Brazos County, Texas.
Randy S
County
Duane Peters
Commissioner, Precinct 2
a.b�ent
Carey Cauley, Jr.
Commissioner, Precinct 4
Attest:
K ren McQueen
County Clerk
Vol Page 45
Lloyd Wssermann
Commissioner, Precinct 1
Kenny Malla 1
Commissione , Precinct 3
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR
NO. 06/07-37.1 thru 06/07 -37.4
On this the 24'h day of July 2007 at a regular meeting of the Commissioners' Court, the following
members were present:
Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 24 July 2007 the Court heard and approved a budget amendment for the
2006 -2007 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 12 September 2006, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 24th day of July 2007.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
M
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 37.1
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 37.2
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 37.4
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PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: July 24, 2007
Department Providing Information: Human Resources
Purpose: Consider and Take Action on Change Requests
Department Submitting
Request(s)
Employee Name
Action Requested
Ag. Extension
Gall, Leslie
New Hire
District Clerk
Saenz, Crystal
New Hire
Exposition Complex
Wallace Phillip W.
McCain, Christopher B.
New Hire
Transfer to another dept.
Juvenile Services
Rotve, Victoria
New Hire
S.O. %Jail
Forrest, William
Transfer within dept.
Approved in Commissioners' Court: July 24,
County Judge's or Commissioner's Signature:
(This copy to be attached to minutes)
VOL97PAGE 0
III/
AGREEMENT
This agreement ( "Agreement ") is between Bryan Coca -Cola Bottling Co., to as
(hereinafter referred
)
"Bottler' , and Brazos County / Brazos County Exposition Complex, (hereinafter'
to as "Account").
WHEREAS, Account owns and operates (Exposition Complex / Special event Concession)
facilities in Bryan, Texas located at 5827 Leonard Rd. Bryan, Texas 77803 ( "Facility ") and has the
authority to offer certain exclusive advertising and beverage availability rights in such Facility over a Four
(4) year term; and
WHEREAS, Bottler desires to advertise certain of Bottler's beverage products and that its
beverages be made available for sale in such Facility on an exclusive basis.
NOW, THEREFORE, in consideration of the acts and promises contained herein, the parties hereby
agree as follows:
A. Term.
The term a this
shall continue for a Agreement shall commence on August 1, 2007 ( "Effective Date ") and
period of Five (5), one (1) year Terms ( "Term ") with automatic annual Re-
newal for years Two to Five.
B. Defined Terms
1 • "Beverages" shall mean all nonalcoholic beverages of any kind, but shall not include
fresh - brewed unbranded coffee and fresh - brewed unbranded tea products, water drawn from the
public water supply or unbranded juice squeezed fresh at the Facility.
2. "Products" shall mean Beverages purchased directly from Bottler or sold through vending
machines owned and stocked exclusively by Bottler.
3. "Competitive Products" shall mean all Beverages
Enterprises Inc.. that are not Products of Coca -Cola
4• "Facility" shall mean and include the entire premises of Brazos County Exposition
Complex, including without limitation, all existing and future buildings, athletic facilities, all
Parking lots, grounds, dining facilities, branded and unbranded food service outlets, concession and
vending locations, players' benches, sidelines and locker rooms.
C. Responsibilities of Bottler. Bottler hereby promises that it shall:
1. Pay Account an aggregate of Forty Thousand Dollars ($40,000.00) for the entire Five
year Term (the "Sponsorship Fees "),
PMegahmaster madceting form \undm$25,000 short frm abn.dw
Rev 1/07
1�`0 L 7 FADE 55
The Sponsorship Fees shall be paid in equal annual installments of Eight Thousand Dollars
($8,000.00). The first installment shall be payable within thirty (30) days of the date this Agree-
ment is fully executed and subsequent installments shall be due on or about the anniversary date of
each year remaining in the Term. The Sponsorship Fees shall be deemed earned evenly over the
year for which they are paid.
In years two through five, Sponsorship Fee shall be paid in full ($8,000.00) if Minimum Volume
hurdle of 1250 PBU cases is reached by the facility and its contracted concessionaires. Account
will be notified annually of volume before automatic renewal starts.
2. Pay Account a Quarterly commission on cash collected by Bottler (less taxes, applicable
fees, and any government imposed deposits) on any full- service Beverage vending sales at the
Facility. It is understood that Public access Vend Price should be consistent with Concession Pric-
ing. Commission rates and initial vend prices are set forth in Exhibit A.
D. Responsibilities of Account. Account hereby promises that it shall:
1. Cause the Products purchased directly from Bottler to be the only Beverages sold or made
available at the Facility, including all concessions, coolers and vending machine locations. No
Competitive Products shall be made available in the Facility.
2. Cause all menu boards, Equipment (as defined herein) and concessions dispensing
Beverages on the premises of the Facility to carry advertising panels mentioning Products which are
clearly visible to the purchasing public.
3. Use and cause all concessionaires to use Coca -Cola trademark cups purchased from
Bottler.
4. Grant exclusive Beverage advertising rights in the Facility to Bottler and not grant
advertising rights at the Facility with respect to any Competitive Products.
5. Grant to Bottler the exclusive Beverage vending rights at the Facility. Account agrees that
Bottler shall have the right to place a minimum of Three (3) Beverage vending machines in
mutually agreed upon locations at the Facility and that at least one hundred percent (100 %) of
such Beverage vending machines shall vend 20 ounce bottled Products and other package sizes
and products as needed. Bottler agrees that all Beverage vending machines shall be equipped
with dollar bill validators and that Public access machines should have consistent vend price as
compared to concession pricing.
6. Allow access by Bottler personnel to change its advertising messages in the Facility, such
changes to be in Bottler's sole discretion and at Bottler's expense.
7. Maintain sufficient insurance to adequately protect the respective interests of the parties
hereto. Such policy or policies shall name Bottler as an additional insured and shall not be canceled
or modified without thirty (30) days' notice by Account to Bottler in writing.
8. Grant to Bottler first right of refusal of any similar agreement regarding advertising and
Beverage availability rights upon the expiration or termination hereof.
9. Sell in concessions a minimum of Twelve (12) Flavors in 20oz Bottle package or as agreed
to by both parties. Flavors and Brands should consist of but are not limited to Coke Classic, Diet
Coke, Coke Zero, Sprite, Vault, Dr. Pepper, Fanta Orange, Nestea, PowerAde, Minute Maid, V8,
Gold Peak, Gadiva and Dasani water.
E. Pricine. Account shall be entitled to purchase bottle/can and Cups / Lids Products from Bottler
in accordance with the price schedule set forth in Exhibit B. Such prices shall remain in effect
until December 31, 2007. Thereafter, prices are subject to change. Any changes in pricing shall
be submitted in writing to Account thirty (30) days prior to such price changes taking effect.
F. Equipment
1. During the Term, Bottler will loan to Account, pursuant to the terms of Bottler's equipment
placement agreement, at no cost, that Beverage dispensing equipment reasonably required and as
mutually agreed upon to dispense Beverages at the Facility and any additional equipment
reasonably required by Account in order to replace defective or wom out Beverage dispensing
equipment ( "Equipment "). Account represents and warrants that electrical service at the Facility is
proper and adequate for installation of Equipment, and Account agrees to indemnify and hold
Bottler harness from any damages arising out of defective electrical services.
2. Account agrees that it will execute any UCC Financing Statements, or other documents
evidencing Bottler's ownership of the Equipment, upon request of Bottler. The Equipment may not
be removed from the Facility without Bottler's written consent, and Account agrees not to encumber
the Equipment in any manner or permit the Equipment to be attached thereto except as authorized
by Bottler. Account will be responsible to Bottler for any loss or damage to said Equipment,
reasonable wear and tear excepted.
G. Indemnification.
1. Account agrees to defend, indemnify and hold Bottler harmless from and against all claims,
suits, liabilities, costs and expenses, including reasonable attorneys' fees, for any injury, damage or
loss to persons, including death, whether they be third persons or employees of either of the parties
hereto, or any injury, damage or loss of property arising out of its performance of this Agreement or
claims associated in any way with the Account or third parties.
2. This indemnity shall survive the termination of this Agreement and shall not apply to any
injury, damage or loss caused in whole by the negligence of Bottler.
H. Termination.
1. If Account fails to perform any of the promises set forth in this Agreement, then as an
option but not as its sole remedy, Bottler may terminate this Agreement, and Account shall (i)
return the Equipment to Bottler, and (ii) pay to Bottler, within ten (10) days, the unearned portion of
any pre -paid Sponsorship Fees and a pro rata refund of the costs of refurbishing and installing the
Equipment.
2. Notwithstanding the other provisions of this Agreement, if any federal, state or local law,
rule, regulation or order prohibits, restricts, or in any manner interferes with the sale or advertising
of Beverages at any time during the Term of this Agreement or if for any reason the use of the
Facility declines, then as an option but not as its sole remedy, Bottler may terminate this Agreement
and Account shall (i) return the Equipment to Bottler, and (ii) pay to Bottler, within ten (10) days,
the unearned portion of any pre -paid Sponsorship Fees and a pro rata refund of the costs of
refurbishing and installing the Equipment.
3. Account represents and warrants that it has full right and authority to enter into this
Agreement and to grant and convey to Bottler the rights set forth herein. Upon expiration or
revocation of such authority, then as an option but not its sole remedy, Bottler may terminate this
Agreement, and Account shall (i) return the Equipment to Bottler, and (ii) pay to Bottler, within ten
(10) days, the unearned portion of any pre -paid Sponsorship Fees and a pro rata refund of the costs
of refurbishing and installing the Equipment.
4. Bottler shall have the right to withhold and not pay further Sponsorship Fees or any other
amounts which may become payable to Account pursuant to this Agreement if (i) Account has
failed to perform its obligations hereunder, (ii) Bottler's rights hereunder have been lost, limited or
restricted, or (iii) there exists a bona fide dispute between the parties.
5. Account shall have the right to terminate this agreement at the end of each Agreement Year
with written notice to Bottler received Sixty (60) days prior to the end of said Agreement Year,
which notice shall include the payment of a pro rata portion of the amount Bottler has invested in
the sponsorship payment for that agreement year.
I. Miscellaneous. This Agreement and its Exhibits constitutes the entire understanding of the parties
and no terms may be altered or waived except by the mutual written consent of both parties. This
Agreement may not be assigned by or otherwise conveyed by Account without Bottler's written consent.
Each of the parties hereto agrees that it will, in its performance of its obligations hereunder, fully comply
with all applicable laws, regulations and ordinances of all relevant authorities and shall obtain all licenses,
registrations or other approval required in order to fully perform its obligations hereunder.
Bottler:
Acc
By: By:
Printed Name:
Title:
Date:
Printed N4a{
Title:
r
Date: %LII YI
�7 -�5..
Vend Price, Commission Rate and Packages Subject to change with 30 Days prior notice.
Public access Vending Price should be consistent with Concession Pricing. Vending Price maybe increased
to match Concession Pricing. If Vend Price is less than listed in Exhibit A then Commission rates may be
reduced to reflect this change.
q7 : 59
EXHIBIT A
Commission Schedule
PACKAGE
COMMISSION RATE
VEND PRICE
12 ounce cans (carbonated)
25%
$1.00
20 ounce bottles (carbonated)
25%
$2.00
15.2 ounce bottles (juices)
20%
$2.00
20 ounce bottles (POWERaDE)
20%
$2.00
20 ounce bottles (packaged waters)
25%
$2.00
16oz Energy
20%
$2.50
Vend Price, Commission Rate and Packages Subject to change with 30 Days prior notice.
Public access Vending Price should be consistent with Concession Pricing. Vending Price maybe increased
to match Concession Pricing. If Vend Price is less than listed in Exhibit A then Commission rates may be
reduced to reflect this change.
q7 : 59
EXHIBIT B
Pricing Schedule
Package Price Per Case
12 ounce cans (carbonated)
$ 8.50
20 ounce bottles (carbonated)
$ 17.00
20 ounce bottles Dasani Water
$ 12.80
20 ounce bottles (POWERaDE)
$ 18.00
15.2 ounce bottles (Minute Maid)
$ 22.00
20 ounce bottles (Nestea)
$ 17.00
10 ounce (Minute Maid)
$ 15.50
16 ounce Energy
$ 32.00
12 ounce Dasani
$ 10.00
Cups PaR
16 ounce
$39.75per case of 1,000
24 ounce
$44.00per case of 1,000
32 ounce
$33.50per case of 480
Lids
16 ounce $29.00per case of 2,000
24 ounce $29.00per case of 2,000
32 ounce $24.00per case of 960
CO2
20 lb. cylinder $16.00 per cylinder (plus $75.00 deposit)
35 lb. cylinder $20.00 per cylinder (plus $75.00 deposit)
Addendum
Bryan Coca -Cola Bottling Co. agrees to provide in addition to terms addressed in main agreement for
Brazos County Expo Complex the following;
1. Pay Account a Signing Bonus of Two Thousand Five Hundred dollars ($2,500.00) one time
and shall be paid with in Thirty (30) days of the date this agreement is fully executed.
2. Deliver to Account POS Bonus — will provide Menu boards for all concession stands. Four
Main concessions will have Deluxe Option Menu Boards (Total Value $2500.00)
00
ORDER RELOCATING POLLING PLACE FOR ELECTION PRECINCT 8
WHEREAS, there exists at the present time a certain polling place which can not
be used for the purpose of conducting elections; and
WHEREAS, the polling place for Election Precinct 8 is located in the South Knoll
Elementary School, 1220 Boswell, College Station, Texas; and
WHEREAS, for the convenience of the voters it is recommended that Election
Precinct 8 be conducted at the Parkway Baptist Church located at 1501 Southwest Pkwy,
College Station, Texas:
WHEREAS, the Parkway Baptist Church has agreed to allow the polling place for
Election Precinct 8 to be located in the Parkway Baptist Church located at 1501
Southwest Pkwy, College Station, Texas:
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT
OF BRAZOS COUNTY, TEXAS, THAT:
Pursuant to chapter 43 of the Texas Election Code that the location of the polling
place be relocated in Brazos County to wit:
THAT the polling place for Election Precinct 8 be located in the Parkway Baptist
Church located at 1501 Southwest Pkwy, College Station, Texas;
THAT submission be made to the Assistant Attorney General, Civil Rights
Division, Voting Section, Department of Justice, Washington D.C. requesting the
preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act.
I _�.7_� °'
j (�
ADOPTED this Jq day of T(-LLV 2007 by a vote of ,3 AYES
and D NAYS.
ATTEST:
1^aien McQueen, Cou ty Clerk
x =�
Prescribed by Secretary of Stale
Section 32.002 (d). V.T.C.A., Election Code 1/86
I, Karen McQueen, County Clerk of Brazos County do hereby recommend the following persons
appointed presiding judge and alternate judge for elections conducted by the county.
The appointment will be a 1 year term, ending on July 31, 2008,
Precinct No Presidine Judge Alternate Judge
I
Tom Mc Garth
R
2abc/82
Tori Ellis
R
3ab
Charles Opersteny
R
4abc/79/43
Margarita Gangotena R
5ab
Ruby Andrews
R
6
Lois Williams
R
lab
Lola Peterson
R
8
Karen Tohkubbi
R
9
A.J. Bockholt
R
I Oab
Mike Holt
R
11
Barbara Hobbs
R
12
Robert Bruce
R
13
Betty Gibson
R
14/49/55/57
Don Scherr R
15153
Paul Reiger
R
17
Alvin Halbrook
R
18abc
Austin Moore R
20
Marvin Emshoff
R
21
Bill Donaldson
R
23
Barbara Seim
R
24
Genia Goen
R
25
Ron Treat R
26
Terri Stewart
R
27ab
AI Nichols
R
28b/68
Mary Ann Crenshaw
R
30/77/19
Linda Conrad
R
31
Jean McDermott
R
32
Ralph Postelwaite
R
Precinct No
Presiding Judge
Alternate Judge
33/72/74
Steve Milam R
34
Charlotte Bergstad
R
35ab
Glenda Baker
R
36
Sylvia Polansky
R
38
Arthur Betties R
39
Laura Holmes
R
40
Jean Hall
R
41/28a/42
LouEllen Ruesink
R
45/44/46/47/78/81
George McDonald
R
52/16
Willie Mae Sisco R
54
Ana Kellett
R
62/29
Lambert Wilkes
R
63ab
Eileen Kent
R
70ab/64/67
Kristi Hardy
R
80
Patricia Lassiter
R
Randy Sirys!Brazos County Judge Date
Pr "c ribed bV Secretary or Statc
Sect on 31002 Q4, V. 'F CA- I;IecIion 0,(Ic IS(,
1, Karen McQueen, County Clerk of Brazos County do hereby recommend the following persons
appointed presiding judge and alternate judge for elections conducted by the county.
The appointment will be a 1 year term, ending on July 3l, 2008.
Precinct No Presiding Judge Alternate Judge
1
2abc/82
3ab
4abc/79/43
5ab
6
lab
8
9
1Oab
11
12
13
14/49/55/57
15/53
17
18abc
20
21
23
24
25
26
27ab
28b/68
30/77/19
31
32
Lope Ostiguin D
Angelita Alonzo D
Nora Lea Wasson D
Kathy Nicols D
VAT Moo
Teri Metcalf D
Verda Beasley D
Regina Fore D
Jane Moore
D
Marilyn Moore
D
Helen Wager
D
Linda Parrish
D
Geradine Polli
D
Joanne Lange
D
Lucille Smith
D
Beatriz Hastie
D
Helen Chavarria
D
Rena Cangelose D
Paul Peterson D
Bob Presley D
Charles Frazer D
Mel Morgan D
M. Carolyn Boswell D
Diane Linn
D
Janie Velasquez
D
James Barker
D
Gerald Rieger
D
Vi Cook
D
Jean Cangelose
D
Precinct No
Presiding Judge
Alternate Judge
33/72/74
Andre Steen D
34
Lois Carpenter
D
35ab
Patricia Cleere
D
36
Lyn Griffin
D
38
Barbara Cooper D
39
Gene Charleton
D
40
Jimmy Restivo
D
41/28a/42
Karen Gilley
D
45/44/46/47/78/81
Julian Ramirez
D
52/16
Bernice Ward D
54
Robert Guyden
D
62/29
Ruby Ellis
D
63ab
Kyle Walker
D
70ab/64/67
Margaret Elbrich
D
80
Terri Miller
D
Randy �, Brazos County Judge
BRAZOS COUNTY
Cx
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: July 24, 2007
ITEM: Request from Verizon Communications to construct an 80 ft. road bore for buried cable
installations in the right of way of Greens Prairie Road approximately 2,095 northeast of its
intersection with Roeder Road. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
PRESENTATION:
REQUIREMENTS:
I ) No work will be permitted between front slope and/or back slope.
2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be I ) within 3 -5' of and parallel to the right -of -way line
and/or 2) in the case of a road bore, perpendicular to the right -of -way line.
3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to
do so and to remove all cleared brush, trees etc. from county right -of -way.
4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be
conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to
the office of the Brazos County Engineer.
5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Hiehways, published by the Texas Department of Transportation, and all other
State and Federal laws governing utility construction.
SUBMITTED BY:
APPROVED BY:
Richard F. Vance, P.E. Commissioner Lloyd Wassermann
County Engineer Precinct 1
CC07 -069
This Request is Approved 0 / Denied 0 by Commissioners' Court
�F
Date: 112/ ,)`7„ �
Randy S)iHf, County Judge
�A97
vv "n
Engineering & Planning
301 Industrial Blvd.
Bryan, TX 77803
July 11 2007
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy 21
Bryan, TX 77803
Dear Mr. Vance:
Subject: AGRMNTS 24 BURIED CABLE
Enclosed are Form ED -135 and a work location sketch showing the location of our
proposed buried cable line on County Roads in Brazos County at Bryan, Texas.
This work is to be completed on Work Order 5416- 3POAOJE which is scheduled for July
23, 2007. If you have any questions concerning this work, please contact Richard
Wallace at our office in Bryan, telephone 979 - 821 -4752 within 15 days so that we may
explain of modify our proposal, otherwise, it is understood that this proposal is
approved.
Sinc rely,
vai'C't-
Brenda Vajdak
Supervisor— Network Engineer
BV:ec
Attachment
VUL q7 PAGE
r
VERIZON COMMUNICATION Notice of
Line Installation
July 11, 2007
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that VERIZON COMMUNICATIONS will construct
a communication line within the right -of -way of a County Road in Brazos County,
Texas as follows:
Beginning at a point approximately 2095' northeast of the junction
of Royder Road and Greens Prairie Road, a road bore will be made
southeast across Greens Prairie Road for 80 feet.
The location and description of this line and associated appurtenances is
more fully shown by four (4) copies of drawings attached to this notice. The line
will be constructed and maintained on the County Road right -of -way in
accordance with governing laws.
Notwithstanding any other provision contained herein, it is expressly
understood that the tender of this notice by the Verizon Southwest Incorporated
does not constitute a waiver, surrender, abandonment or impairment of any
property rights, franchise, easement, license, authority, permission, privilege or
right now granted by law or may be granted in the future and any provision or
provisions so construed shall be null and void.
Construction of this line will begin on or after July 23, 2007.
VERIZON COMMUNICATIONS 5416- 3POAOJE
ztc ge'� 4&�- )L
Brenda Vajdak
Supervisor - Network Engineer
301 Industrial Blvd.
Bryan, TX 77803
W 70