HomeMy WebLinkAbout2008-03-04-9:00AM-REGULARBRAZOSCOUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
. - -3 - 0
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 4 MARCH 2008 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET,
SUITE 115, BRYAN, TEXAS.
L Invocation and Pledge of Allegiance - Commissioner Peters.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 - 30:
3. Request from the District Attorney's Office for permission to purchase computer
forensic software.
4. Request from the Precinct 2.2 Justice of the Peace for an additional $600.00 from
Contingency for continuation of janitorial services at their current location through July
2008, the anticipated date of occupancy for the new County Administration building.
5. Budget Amendment 07/08-20.1 thru 07/08-20.5.
6. Personnel Change of Status.
7. Acceptance of a Special Warranty Deed from Diane M. Cotton for improvements to
Fickey Road located in Precinct 2.
8. Acceptance of a Special Warranty Deed from Arlene Olivia Olivas for improvements to
Enchanted Oaks Drive located in Precinct 3.
Office of the County Judge • 300 East 26" St. . Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503
VOL INO PAGE d0(-?
Commissioners Court Agenda
4 March 2008
Page 2
9. Acceptance of a Special Warranty Deed from Antone N. Dobrovolny, Jr. and wife Janet
G. Dobrovolny for improvements to Pleasant Hill Road located in Precinct 4.
10. Payment of Claims.
11. Appointment of Richard Vance as a voting member on the MPO's Technical Advisory
Committee, and Gary Arnold as an alternate.
12. Reappointment of Dr. Tammy Tiner to the Board of Trustees for the Mental Health
Mental Retardation Authority of Brazos Valley; appointment term is 3/01/2008 through
2/28/2010.
13. Appointment of the following individuals to the Brazos Valley Council of
Governments' Criminal Justice Advisory Committee for 2008:
a. Bobby Whitmire, Chief of Police, College Station Police Dept.
b. Laury Kasowski, Executive Director, Brazos County Rape Crisis Center
c. Chris Kirk, Brazos County Sheriff
d. Robert Myer, Training Coordinator, Texas A&M University Police Dept.
e. David Patterson, Brazos Valley Narcotics Task Force
f. Tyrone Morrow, Chief of Police, Bryan Police Dept.
g. Doug Weedon, Executive Director, Twin City Mission
14. Resolution 08-003 in support of Brazos County's application for Drug Court funding
from the Criminal Justice Division of the Governor's Office, and designation of Arlene
Parchman, CSCD Director, as the grantee's authorized official. The grant application
number 18033-04.
15. Resolution 08-004 declaring intention to reimburse certain expenditures in connection
with the design, planning, acquisition, construction, equipping, and/or renovating of
additional buildings and facilities at the Expo Complex with borrowing proceeds.
16. Renewal of the Commercial Lease Agreement with the City of Bryan for property
utilized by the Brazos County Clear Team.
17. Revisions to the Brazos County Hotel Occupancy Tax Order 07-003.
18. Consider and possible action regarding the current Burn Ban, as established by Brazos
County Order #08-003.
19. Out of state travel request for Judge Smith, 361St District Court, to attend the American
Bar Association's TECHSHOW 2008 in Chicago, IL. Dates of travel are 12-15 March
2008.
20. Tax Refund Applications for the following:
a. Maria G. Aguinage d. James E. Nave
b. Don & Barbara Baxley e. Wallace S. Phillips, III & Dawn L.
c. Arteka Johnson
VOL I PAGE DO 1
Commissioners Court Agenda
4 March 2008
Page 3
21. Establish the date and time of a Public Hearing to consider the abandonment of a
subdivision located in Precinct 1.
22. Capital Requisition #00018113 in the amount of $88,892.00 to Bayer Electric for the
budgeted purchase of twelve (12) fans for the Expo Complex.
23. Declaration of surplus property as "salvage" that was advertised for sale in accordance
with Local Government Code §263.152 and received no bids, and authorization for
either destruction or other disposal.
24. Permission to advertise RFP 2008-032, Sound and Visual Systems for the
Commissioners Courtroom.
25. Permission to award RFP 2008-023, Internet Service Provider for the Courthouse
Complex, to Managed Network Solutions.
26. Renewal of the current contract with Fairbanks Scales for truck scale maintenance with
no increase in price; contract term is 4/03/08 through 4/02/09.
27. Renewal of the current contract with DeWitt Company for an additional year to supply
Poly Jute.
28. Request from Wickson Valley Special Utility District to construct a road bore for water
line installations in the right of way of Dilly Shaw Tap Road approximately 0.5 mile
from its intersection with FM 974. Site is located in Precinct 2.
29. Final Plat of Riverstone Subdivision Phase Two, 37.637 acres, John Austin League, A-
2, City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2.
30. Payment Authorization in the amount of $8,345.50 to Affiliated Communications for
the emergency replacement of telephone equipment following a lightening strike. A
purchase order was not obtained because the lightening strike occurred after hours.
31. Acknowledgement of the 2007 Racial Profiling Report for the Precinct 4 Constable's
Office.
32. Acknowledgement of the Monthly Reports submitted in February 2008. These reports
are available for review in the County Judge's Office.
33. Announcement of interest items and possible future agenda topics.
34. Call for citizen input and/or concerns.
35. Agency / Board / Committee reports by Court members.
36. Adjourn
The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two business days before the meetin . TornakTangements, call (979) 361-4102.
VOL 1010 PAS
COMMISSIONERS' COURT
REGULAR MEETING
MARCH 4, 2008
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, March 4, 2008 with the
following members of the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4,
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 first matter before the Court was a request from the
District Attorney's Office for permission to purchase computer
forensic software. This software allows the forensic examiner
to view not only stored data but deleted data in order to see
if it has been altered. Total cost of the software is
$3,520.95. On motion by Commissioner Peters, seconded by
Vol L C 0 Page )()3
Commissioners Court meeting March 4, 2008 2
Commissioner Mallard, the Court voted unanimously to approve
the request.
The next matter before the Court was consideration of a
request from Justice of the Peace, Precinct 2, Place 1, Tommy
Munoz asking for $600 in additional funds for the continuation
of janitorial services at the current office location through
the end of July 2008. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the request.
The Court next considered Budget Amendment #07/08-20.1
through 20.5 that would transfer funds from Contingency to
Commissioner's Court; and reallocate funds for Court Support
Costs, Justice of the Peace, Precinct 2, Place 2, District
Attorney, Tax office. On motion by Commissioner Wassermann,
seconded by Commissioner Peters, the Court voted unanimously
to approve the budget amendments with the exception of number
15.5 the transfer of funds from Road & Bridge Contingency to
the Road & Bridge Department. A copy each amendment that was
approved is attached.
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
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Commissioners Court meeting March 4, 2008 3
Commissioner Mallard, the Court voted unanimously to approve
the changes as submitted.
The Court next considered acceptance of a Special
Warranty Deed for right-of-way on Fickey Road in Precinct 2.
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to authorize the
County Judge to accept on behalf of Brazos County a Special
Warranty Deed from Diane M. Cotton for the expansion and
improvements to Fickey Road.
The Court next considered acceptance of a Special
Warranty Deed for right-of-way on Enchanted Oaks Drive in
Precinct 3. On motion by Commissioner Mallard, seconded by
Commissioner Peters, the Court voted unanimously to authorize
the County Judge to accept on behalf of Brazos County a
Special Warranty Deed from Arlene Olivia Olivas for the
expansion and improvements to Enchanted Oaks Drive.
The Court next considered acceptance of a Special
Warranty Deed for right-of-way on Pleasant Hill Road in
Precinct 4. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to authorize
the County Judge to accept on behalf of Brazos County a
Special Warranty Deed from Antone N. Dobrovolny, Jr. and wife
Janet G. Dobrovolny for the expansion and improvements to
Vol 10 b Page 6 -1;
Commissioners Court meeting March 4, 2008 4
Pleasant Hill Road.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7047109 through 7047367
On motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was consideration of a
request from the Metropolitan Planning Organization (MPO) to
designate in writing a voting member and an alternate who will
officially represent the County on the Technical Advisory
Committee. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to forward a
letter to the MPO with the names of Richard Vance, County
Engineer and Gary Arnold, Director of Planning and Traffic as
the County's representatives on the Technical Advisory
Committee.
The Court next considered the appointment of an
individual to serve on the Board of Trustees of the Mental
Health Mental Retardation Authority of Brazos Valley (MHMR).
On motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to appoint Dr. Tammy
Tiner to serve the Board of Trustees of the Mental Health
Vol 1 b & Page 9010
Commissioners Court meeting March 4, 2008 5
Mental Retardation Authority of Brazos Valley (MHMR) for a
term beginning March 1, 2008 through February 28, 2010.
The next matter before the Court was the appointment of
individuals to serve on the Brazos Valley Council of
Governments Criminal Justice Advisory Committee. Sheriff
Chris Kirk pointed out that David Patterson was now with the
Bryan Police Department and that there is no longer a
Narcotics Task Force. He said he will check with the COG on
this matter. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to appoint
the following individuals with the exception of David
Patterson:
a. Bobby Whitmire, Chief of Police, College Station PD
b. Laury Kasowski, Executive Director, Brazos County Rape
Crisis Center
c. Chris Kirk, Brazos County Sheriff
d. Robert Myer, Training Coordinator, Texas A&M
University PD
e. Robert Reed, Mental Health Mental Retardation
Authority of Brazos Valley (MHMR)
f. Tyrone Morrow, Chief of Police, Bryan PD
g. Doug Weedon, Executive Director, Twin City Mission
The next matter before the Court was consideration of a
Resolution in support of submission of a grant application
#18033-04 to the Office of the Governor, Criminal Justice
Division for the Brazos County Drug Court to be overseen by
the Community Supervision and Corrections Department, Arlene
Parchman Director. On motion by Commissioner Mallard, seconded
Vol ) 0 Page 1~ 0'7
Commissioners Court meeting March 4, 2008
by Commissioner Peters, the Cour
the submission, authorized the
documents and to accept such
tendered.
The Court next considered
6
t voted unanimously to approve
County Judge to execute the
grant funds that might be
Resolution 08-004 declaring
intention to reimburse certain expenditures in connection with
the design, planning, acquisition, construction, equipping,
and/or renovating of additional buildings and facilities at
the Expo Complex with borrowing proceeds. On motion by
Commissioner Peters, seconded by Commissioner Mallard, the
Court voted unanimously to adopt Resolution 08-004. A copy is
attached.
The next matter before the Court was consideration of the
renewal of the Commercial Lease Agreement with the City of
Bryan for property utilized by the Brazos County Clear Team.
Commissioner Peters moved to table the lease. Commissioner
Wassermann seconded the motion. The Sheriff stated the lease
should be for the Special Investigation Unit. Commissioners
Peters and Wassermann amended their motion and second to
correct the name on the lease to the Special Investigation
Unit. The Court then voted unanimously to table consideration
of the lease agreement.
The Court next considered approval of the proposed
Vol I 0 ~0 Page "-108.
Commissioners Court meeting March 4, 2008 7
revisions to the Brazos County Hotel Occupancy Tax Order 07-
003. On motion by Commissioner Peters, seconded by the County
Judge, the Court voted unanimously to approve the proposed
revisions. A copy is attached.
The next matter for consideration by the Court was
lifting the Order banning out door burning. The Emergency
Management Coordinator, representing the rural fire chiefs,
recommended lifting the ban. On motion by Commissioner
Peters, seconded by Commissioner Wassermann, the Court voted
unanimously to lift the Order banning outdoor burning.
The next matter for consideration by the Court was a
request submitted by the 361ST District Judge, Steve Smith
seeking approval for out of state travel for himself. Judge
Smith would be attending The American Bar Association's
TECHSHOW 2008 March 12 through 15, 2008. On motion by the
County Judge, seconded by Commissioner Peters, the Court voted
unanimously to grant the request from the 361St District Judge
and approved payment of out of state travel expense for Steve
Smith.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. Maria G. Aguinage, over payment $100.00
b. Don & Barbara Baxley, over payment $92.41
Vol / 0 Page a 0 1
Commissioners Court meeting March 4, 2008 8
c. Arteka Johnson, over payment $87.34
d. James E. Nave, over payment $9.00
e. Wallace S. Philips, III& Dawn L., over payment $27.00
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the tax
refund applications.
The next matter before the Court was the setting of the
date and time of a Public Hearing to consider the abandonment
of a subdivision located in Millican. On motion by
Commissioner Wassermann, seconded by Commissioner Peters, the
Court voted unanimously to set the Public Hearing on Tuesday,
April 1, 2008 at 10:00 a.m. in the Commissioners Courtroom in
the Brazos County Courthouse.
The Court next considered requisition no. 00018113 to
Bayer Electric in the amount of $88,892.00 for the purchase
and installation of some "Big Ass Fans" at the Exposition
Center and the Brazos Center. On motion by Commissioner
Peters, seconded by the County Judge, the Court voted
unanimously to approve the requisition.
The Court next considered the declaration of surplus
property as salvage. This property was advertised for sale in
accordance with Local Government Code §263.152 and received no
bids. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to declare
Vol I 0 & Page a / b
Commissioners Court meeting March 4, 2008 9
the property as salvage and authorized its destruction or
other disposal. A list of the property is attached.
The next matter for consideration was approval for the
Purchasing Agent to advertise RFP 2008-032, purchase and
install sound and visual systems for the Brazos County
Commissioners Courtroom. On motion by Commissioner Peters,
seconded by the County Judge, the Court voted unanimously to
authorize the Purchasing Agent to advertise for sound and
visual systems for Brazos County Commissioners Courtroom.
The next matter for consideration was approval of RFP
2008-023, Internet Service Provider for the Courthouse
Complex. Pat Howard, Purchasing Agent, recommended acceptance
of the proposal submitted by Managed Network Solutions. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to accept the
recommendation of the Purchasing Agent and award RFP 2008-023
to Managed Network Solutions. A copy of the bid tabulation is
attached.
The Court next considered the renewal of the Annual
Contract for Scale Maintenance. The Purchasing Department is
requesting approval to renew the current contract for truck
scale maintenance with Fairbanks Scales for an additional
year. The vendor has offered to renew with no increase in
Vol / 0 0Page d- I 1
Commissioners Court meeting March 4, 2008 10
price. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to renew the
Annual Contract for Scale Maintenance with Fairbanks Scales.
A copy of the renewal is attached.
The next matter before the Court was consideration of a
request from the Purchasing Department to renew the current
contract to supply Poly Jute with DeWitt Company for an
additional year. The price increase would be approximately 3
percent over last year. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the request and renew the current
contract to supply Poly Jute with DeWitt Company. A copy of
the renewal is attached.
The Court next considered the request from Wickson Creek
Special Utility District to construct a road bore for water
line installations in the right-of-way of Dilly Shaw Tap Road
approximately 0.5 mile from its intersection with FM974. The
site is located in Precinct 2. 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 Wickson Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto.
Vol J O& Page C2
Commissioners Court meeting March 4, 2008 11
The Court next considered approval of the Final Plat of
Riverstone Subdivision Phase Two, 37.637 Acres located in
Precinct 2. Richard Vance, County Engineer, stated that he
had reviewed the plat and all appeared to be in order. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the final
plat of Riverstone Subdivision Phase Two, 37.637 Acres as
submitted.
The next matter before the Court was consideration of a
payment authorization in the amount of $8,345.50 to Affiliated
Communications for the emergency replacement of telephone
equipment after a lightning strike. On motion by the County
Judge, seconded by Commissioner Peters, the Court voted
unanimously to approve the payment authorization.
The Court acknowledged receipt of the 2007 Racial
Profiling Report for the Precinct 4 Constable's Office.
The Court acknowledged receipt of the Extension Service
reports submitted during the month February 2008 and
acknowledged receipt of reports from the following County and
Precinct Offices showing revenues collected and remitted to
the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2, Place 1
Vol 10 Page ~Z / 3
Commissioners Court meeting March 4, 2008 12
Justice of the Peace Precinct 4
Constable, Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Sheriff
A copy of the Officials' reports can be viewed in the County
Auditor's office.
Under announcement of interest items and possible future
agenda topics the following spoke:
County Judge
a) Reminded the Court that there will be a
workshop at 10:00 a.m. on Community Funds
and Procedures.
Sheriff Chris Kirk
a) There were 546 inmates in jail this
morning. There are 96 on electronic
monitoring.
There was no citizen input and/or concerns.
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 Ib(p Page aILI
The foregoing minutes of the Commissioners Court meeting held
March 4, 2008 have been examined and are approved in open
Court this the qq-- day of 2008, in Bryan,
Brazos.Qounty, Texas.
Randy S' s
County Judge
Duane Peters
Commissioner, Precinct 2
Carey auley, Jr.
Commis ioner, Prec' ct 4
Attest:
c
Karen McQueen
County Clerk
-
Lloyd ssermann
Commissioner, Precinct 1
Kenny Malla
Commissioner, Irecinct
Vol if0 ('0 Page X15
2
pq, 1 6 (
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON 2008 AT
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BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR
NO. 07/08-20.1 thru 07/08-20.5
On this the 4`h day of March 2008 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 4 March 2008 the Court heard and approved a budget amendment for the
2007-2008 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 11 September 2007, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 4`h day of March 2008.
THE COMMISSIONERS COURT OFD RAZOS COUNTY, TEXAS.
By:
Randy Sires County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
AP
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 20.1
3/4/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 49056100 CR Transfer From Time Pa ment 7,000.00
0100 11001500 61130000 DR Contin enc 7,000.00
Commissioner's Court
To correct the original FY 2008 Approved Bud et. The transfer from the Time Payment Fund was omitted
during the preparation of the budget.
Department Approval Date
Prepared By: ifj
Date: 2/28/2008
3 ~
County J a Approval Date
V"L /0 air
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 20.2
3/4/20nR
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0l 00
1 1001500
61 130000
:
=
Contingency
-7,160.0-0-
0100
1110100001
72192000L
I DR
Guardian Ad-Litem
7,160.00
Court Support Costs
To reallocate funds to allow for the final distribution of Fees for Guaridan Ad litem approved on June 15, 2007.
The on inal request cannot be located b the Auditor's office nor the 361 st District Court.
Department -Approval e
Prepared By: i
Date: 2/28/2008 8
County Ju
,Ae Approval
L 10 NPICE vU d
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 20.3
3/4/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency 600.00
0100 24201200 71 1 190000 DR Janitorial Services 600.00
Justice of the Peace Pct. #2.2
To reallocate funds to allow for the continuation of janitorial services until the scheduled moved into
the new Count Administration Buildi7durin 2008.
Prepared By: Ifj
Date: 2/28/2008
Approval
unty
6&
Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 20.4
Mini?nnA
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
19000100
59100000
CR
DDEA
8,460.00
0100
19000100
61620000
DR
Subscriptions & Publications
2,160.00
0100
19000100
60080000
DR
Clothing & Uniforms
1,350.00
0100
19000100
60360000
DR
Furniture
1,350.00
0100
19000100
67211000
DR
Software
3,600.00
District At
torney
To reallocate funds to allow for
the continuation of
janitorial services until the schedule
d moved into
the new Count Adm
inistration Buildin during Jul
2008.
Department Appr a Date
Prepared By: i
Date: 2/28/2008
County Judge Approval Date
JCL ,~~6t4r1a
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 20.5
3/4/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 13000100 59100000 CR DDEA 1,300.00
0100 13000100 60360000 DR Furniture 1,300.00
Tax Office:
To reallocate funds to allow for the purchase of furniture.
Department A roval Date
Prepared By:
Date: 2/28/2008
Date
~b~.- - a,23
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: March 04, 2008
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Request
Request(s) Applies To
Exposition Complex
Extension Service
Adams, Rance Position changed
Bustamante, Robert New hire
Holub, Jacqueline Resignation
Juvenile
SO/Jail
Tax Office
Haferkamp, Stacey Resignation
Schoenberger, Joe New hire
Turner, Rachel L. Terminated
Approved in Commissioners' Court: March 4,
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
104 '224
Brazos County
Bryan, TX
RESOLUTION
WHEREAS, the Brazos County Commissioners Court finds it in the best interest of the citizens of
Brazos County that the Brazos County Drug Court be operated for the 2009 Fiscal Year, September
1, 2008 - August 31, 2009; and
WHEREAS, the Brazos County Commissioners Court agrees that in the event of loss or misuse of the
Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will
be returned to the Criminal Justice Division in full; and
WHEREAS, the Brazos County Commissioners Court designates Arlene Parchman, Brazos County
Community Supervision and Corrections Department Director, as the grantee's authorized official.
The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on
behalf of the applicant agency.
NOW THEREFORE, BE IT RESOLVED that the Brazos County Commissioners Court approves
submission of the grant application for the Brazos County Drug Court to the Office of the Governor,
Criminal Justice Division.
Passed and approved this day of (I(], llaX FS
Signed
Randy County Judge
VV~I~.Iyt ~.~r--~
Lloyd asser ann, ecinct 1 Commissioner
Duane Peters, Precinct`2 Commissioner
n
Kenny Mallard, ecinct 3 Co issioner
CcbJscnt
Carey Cauley, Jr., Precinct 4 Commissioner
Grant Application Number: 18033-04
Resolution #08-003
CERTIFICATE FOR RESOLUTION
k_ ,
We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County")
hereby certify as follows:
1. The Commissioners Court of the County (the "Commissioners Court") convened in regular
session, open to the public, on 4 March 2008, at the meeting place designated in the notice (the
"Meeting"), and the roll was called of the members, to wit:
Randy Sims, County Judge Kenny Mallard, Commissioner, Pct. 3
Lloyd Wassermann, Commissioner, Pct. 1 Casey Cauley, Jr., Commissioner, Pct. 4
Duane Peters, Commissioner, Pct. 2
All members of the Commissioners Court were present, except Commissioner Cauley, thus
constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a
written
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN
EXPENDITURES
(the "Resolution") was duly introduced for the consideration of the Commissioners Court. It was then
duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion,
such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote:
YES: 4 NOES: 0 ABSTENTIONS: 0 .
2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and
follows this Certificate; the Resolution has been duly recorded in the Commissioners Court's minutes of
the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the
Commissioners Court's minutes of the Meeting pertaining to the adoption of the Resolution; the persons
named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members
of the Council as indicated therein; each of the officers and members of the Commissioners Court was
duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the
Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and
each of such officers and members consented, in advance, to the holding of the Meeting for such purpose;
and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting
was given, all as required by Chapter 551, Texas Government Code, as amended.
3. Karen McQueen is the duly elected and acting County Clerk of the County.
SIGNED AND SEALED this 4 h day of March, 2008.
Kare McQueen
County Clerk, Brazos County, Texas
(COMMISSIONERS COURT SEAL)
Brazos County, Texas
VJ L l i) j p~ r 0 Resolution #08-004
1" I"~r.>
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES
WHEREAS, Brazos County, Texas (the "Issuer") desires to pay expenditures in connection with
the design, planning, acquisition, construction, equipping, and/or renovating of additional buildings and
facilities at the Expo Center (the `Project");
WHEREAS, Chapter 1201, Texas Government Code (the "Code") permits the Issuer to use the
proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or incurred before
the date of issuance of such obligations; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the
payment of such expenditures will be appropriate and consistent with the objectives of the Issuer's
programs and, as such, chooses to declare its intention, in accordance with the provisions of Section
1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues
obligations to finance the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS
COUNTY, TEXAS THAT:
Section 1. This Resolution declares the intention of the Issuer to reimburse the expenditures for
the Project with the proceeds of obligations. The Issuer presently intends to reimburse the expenditure by
incurring obligations issued under Texas law, the interest on which is excludable from gross income
under section 103 of the Internal Revenue Code of 1986, as amended.
Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an
aggregate maximum principal amount now estimated to be $8,000,000 for the purpose of paying the costs
of the Project.
Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months
after the date the original expenditure is paid or the date the Project is placed in service or abandoned, but
in no event more than three years after the original expenditure is paid unless the Project is a construction
project for which the Issuer and a licensed architect or engineer have certified that at least five years are
necessary to complete the Project in which event the maximum reimbursement period is five years after
the date of the original expenditure.
Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth
in Section 1.150-2 of the Treasury Regulations and evidences its intentions under Section 1201.042(c) of
the Code.
Section 5. This Resolution shall be liberally construed to evidence the intent of the Issuer to
comply with state law and federal income tax law in the issuance of tax-exempt obligations for the
Project.
Resolution #08-004
V UL 160 PA'% E ;-a 7
RENEWAL OF COMMERCIAL LEASE AGREEMENT
BETWEEN CITY OF BRYAN AS LANDLORD AND BRAZOS
COUNTY AND BRAZOS COUNTY CLEAR TEAM n/k/a
BRAZOS COUNTY SPECIAL INVESTIGATIONS UNIT
AS TENANT
WHEREAS, on April 1, 2006 the Landlord and Tenant entered
into a Commercial Lease Agreement, a copy of which is attached hereto
and the term of which was from April 1, 2006 to September 30, 2007.
WHEREAS, the parties agreed the lease could be extended for a
one year term upon written notice by the Tenant.
WHEREAS, the Tenant has chosen to extend the lease by one
year term,
THEREFORE, to evidence the decision to renew, Tenant, Brazos
County and the Brazos County Clear Team n/k/a Brazos County
Special Investigations Unit hereby provide this written notice of the
renewal of the lease for one extended term, from October 1, 2007 to
September 30, 2008.
Signed this 44-t~' day of i"IG.rcr , 2008.
y Sims
ty Judge, Brazos County
ATTEST:
Karen McQueen
County Clerk, Brazos County
CLk19-~ TEf9/'1
COMMERCIAL LEASE AGREEMENT
This Commercial Lease Agreement ("Lease") is made and effective 1 April 2006, by and
between the City of Bryan, Brazos County, Texas ("Landlord") and Brazos County CLEAR
Team ("Tenant"). Landlord is the owner of land and improvements commonly known and
numbered as 216 W. 26a' Street, Bryan, Texas and legally described as follows (the `Building"):
A tract of land lying and being situated in Brazos County, State of Texas, containing 0.33
acres, more or less, and more particularly described as follows, to wit:
Lot number nine (9) in Block number one hundred and nineteen (119) in the City of
Bryan, according to the map of the said City recorded in Book H, of the deed records of Brazos
County, Texas, and also all that part of the alley lying north of said Lot No. 9 and described as
follows to wit:
Beginning at the N.W. corner of said Lot No. 9 in Block 119; thence with the N. line of
the Lot a distance of 571/2 feet and comer at the N.E. corner of said Lot No. 9; thence in a
northerly direction and at right angles to said first line, a distance of 10 feet and corner; thence in
a westerly direction, and parallel to said first line a distance of 57%2 feet and corner, thence in a
southerly direction 10 feet to the place of beginning.
Landlord makes available for lease a portion of the Building designated as the basement floor,
and more particularly described in Exhibit A (the "Leased Premises"). Landlord desires to lease
the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord
for the term, at the rental and upon the covenants, conditions and provisions herein set forth.
THEREFORE, in consideration of the mutual promises herein contained and other good and
valuable consideration, it is agreed:
1. Term.
A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the
same from Landlord, for an "Initial Term" beginning I April 2006 and ending 30 September
2007, contingent on the renewal of Tenant's grant funding. This contract is subject to Tenant's
receipt of grant funding and shall terminate at the grant funding anniversary date without penalty
to Tenant should grant funding for the Brazos County CLEAR Team be withdrawn. In the event
funding is withdrawn, Tenant will give written notice to Landlord and shall be obligated to make
lease payments until the grant funding anniversary date.
B. Upon Landlord and Tenant mutual agreement, Tenant may re new the Lease for one
extended term of one year. Tenant shall exercise such renewal option, if at6 all, by giving
written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial
Term. The renewal term shall be at the rental set forth below and otherwise upon the same
covenants, conditions and provisions as provided in this Lease.
Commercial Lease Agreement-Federal Building 2006
Page 1 of 7
VC /1~a P;`~31E a~
2. Rental.
A. Tenant shall pay to Landlord during the Initial Term rental of Thirty Six Thousand
Dollars ($36,000) per year, payable in installments of Three Thousand Dollars ($3,000) per
month. Each installment payment shall be due on the first day of each calendar month during the
lease term to Landlord at City of Bryan, Attention: Finance Departinent, P.O. Box 1000, Bryan,
Texas 77805 or at such other place designated by written notice from Landlord. The rental
payment amount for any partial calendar months included in the lease term shall be prorated on a
daily basis.
B. The rental for any renewal lease term, if created as permitted under this Leaswe, shall
be Thirty Six Thousand Dollars ($36,000) per year payable in installments of Three Thousand
Dollars ($3,000) per month.
3. Use.
Office Space not withstanding the forgoing, Tenant shall not use the Leased Premises for
the purposes of storing, manufacturing or selling any explosives or flammables.
4. Sublease and Assignment.
Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in
whole or in part without Landlord's consent and written approval.
5. Repairs.
During the Lease Term, Landlord shall make, at Tenant's expense, all necessary routine
repairs to the Leased Premises. Routine repairs shall include such items as routine repairs of
floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal
occupancy.
6. Alterations and Improvements.
Tenant is allowed, at Tenant's expense, to erect securable private fencing around the
parking lot to the east of the loading dock. Tenant, at Tenant's expense, shall have the right
following Landlord's consent and written approval to remodel, redecorate, and make additions,
improvements and replacements of and to all or any part of the Leased Premises from time to
time as Tenant may deem desirable, provided the same are made in a workmanlike manner and
utilizing good quality materials. Tenant shall have the right to place and install personal
property, trade fixtures, equipment and other temporary installations in and upon the Leased
Premises, and fasten the same to the premises. All personal property, equipment, machinery,
trade fixtures and temporary installations, whether acquired by Tenant at the commencement of
the Lease Term or placed or installed on the Leased Premises by Tenant thereafter, shall remain
Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove
the same at any time during the term of this Lease provided that all damage to the Leased
Premises caused by such removal shall be repaired by Tenant at Tenant's expense.
Commercial Lease Agreement-Federal Building 2006
Page 2 of 7
r,r
7. Property Taxes.
Landlord shall be responsible for paying all real estate taxes and all personal property
taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall
be responsible for paying all personal property taxes with respect to Tenant's personal property
at the Leased Premises.
8. Insurance.
A. If the Leased Premises or any other part of the Building is damaged by fire or other
casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or
invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant
shall be responsible for the costs of repair not covered by insurance.
B. Landlord shall maintain fire and extended coverage insurance on the Building and the
Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be
responsible, at its expense, for fire and extended coverage insurance on all of its personal
property, including removable trade fixtures, located in the Leased Premises. Landlord shall not
be required to maintain insurance against thefts within the Leased Premises or the Building.
9. Utilities.
Landlord shall pay charges for water, sewer, gas, and electricity. The telephone and other
services and utilities used by Tenant on the Leased Premises during the term of this Lease shall
be paid by Tenant unless otherwise expressly agreed in writing by Landlord. Tenant
acknowledges that the Leased Premises are designed to provide standard office use electrical
facilities and standard office lighting. Tenant shall not use any equipment or devices that utilize
excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring
or interfere with electrical services to other tenants.
10. Signs.
No signs will be permitted without the Landlords consent and written approval. Tenant
shall repair all damage to the Leased Premises resulting from the removal of signs installed by
Tenant.
11. Entry.
Landlord shall have the right to enter upon the Leased Premises at reasonable hours to
inspect the same, provided Landlord gives reasonable notice to Tenant, not enter secure areas
without escort from Tenant, and shall not thereby unreasonably interfere with Tenant's business
on the Leased Premises.
Commercial Lease Agreement-Federal Building 2006
Page 3 of 7
"'L lob E
12. Parking.
During the term of this Lease, Tenant shall have the non-exclusive use in common with
Landlord, other tenants of the Building, their guests and invitees, of the non-reserved common
automobile parking areas, driveways, and footways, subject to rules and regulations for the use
thereof as prescribed from time to time by Landlord. Tenant shall have exclusive use of the
parking area to the east of the loading dock. Landlord reserves the right to designate parking
areas within the Building or in reasonable proximity thereto, for Tenant and Tenant's agents and
employees.
13. Damage and Destruction.
Subject to Section 8 A. above, if the Leased Premises or any part thereof or any
appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be
used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following
damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In
the event of minor damage to any part of the Leased Premises, and if such damage does not
render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such
damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord
shall not be liable for any delays resulting from strikes, governmental restrictions, inability to
obtain necessary materials or labor or other matters which are beyond the reasonable control of
Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the
Lease Term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or
in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods
shall be credited on the next ensuing payments, if any, but if no further payments are to be made,
any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend
not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable
control and which renders the Lease Premises, or any appurtenance thereto, inoperable or unfit
for occupancy or use, in whole or in part, for Tenant's purposes.
14. Default.
If default shall at any time be made Tenant in the payment of rent when due to Landlord
as herein provided, and if said default shall continue for fifteen (15) days after written notice
thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the
other covenants or conditions to be kept, observed and performed by Tenant, and such default
shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without
correction thereof then having been commenced and thereafter diligently prosecuted, Landlord
may declare the term of this Lease ended and terminated by giving Tenant written notice of such
intention, and if possession of the Leased Premises is not surrendered, landlord may reenter said
premises. Landlord shall have, in addition to the remedy above provided, any other right or
remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord
shall use reasonable efforts to mitigate its damages.
Commercial Lease Agreement-Federal Building 2006
Page 4 of 7
rk
,
15. Quiet Possession.
Landlord covenants and warrants that upon performance by Tenant of its obligations
hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and
undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease.
16. Condemnation.
If any legally constituted authority condemns the Building or such part thereof which
shall make the Leased Premises unsuitable for leasing, this Lease shall.cease when the public
authority takes possession, and Landlord and Tenant shall account for rental as of that date.
Such termination shall be without prejudice to the rights of either party to recover compensation
from the condemning authority for any loss or damage caused by the condemnation. Neither
party shall have any rights in or to any award made to the other by the condemning authority.
17. Subordination.
Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other
lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to
any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee
shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this
Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in
its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate
this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the
Leased Premises of the Building, and Tenant agrees upon demand to execute such further
instruments subordinating this Lease to the holder of any such liens as Landlord may request. In
the event that Tenant should fail to execute any instrument of subordination herein required to be
executed by Tenant promptly as requested, Tenant hereby irrevocably constitutes Landlord as its
attorney-in-fact to execute such instrument in Tenant's name, place and stead, it being agreed
that such power is one coupled with an interest. Tenant agrees that it will from time to time upon
request by Landlord execute and deliver to such persons as Landlord shall request a statement in
recordable form certifying that this Lease is unmodified and in full force and effect (or if there
have been modifications, that the same is in full force and effect as so modified), stating the
dates to which rent and other charges payable under this Lease have been paid, stating that
Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such
alleged default) and further stating that such other matters as Landlord shall reasonably require.
18. Notice.
Any notice required or permitted under this Lease shall be deemed sufficiently given or
served if sent by United States certified mail, return receipt requested, addressed as follows:
If to Landlord to: City of Bryan
Attn: City Manager
P.O. Box 1000
Bryan, Texas 77805
Commercial Lease Agreement-Federal Building 2006
Page 5 of 7
k r 7P_ 3
If to Tenant: Randy Sims
Brazos County Judge
300,E. 26th Street, suite 114
Bryan, Texas 77803
Landlord and Tenant shall each have the right from time to time to change the place notice is to
be given under this paragraph by written notice thereof to the other party.
19. Brokers.
Tenant represents that Tenant was not shown the Premises by any real estate broker or
agent and that Tenant has not otherwise engaged in any activity which could form the basis for a
claim for real estate commission, brokerage fee, finder's fee or other similar charge, in
connection with this Lease.
20. Waiver.
No waiver of any default of Landlord or Tenant hereunder shall be implied from any
omission to take any action on account of such default if such default persists or is repeated, and
no express waiver shall affect any default other than the default specified in the express waiver
and that only for the time and to the extent therein stated. One or more waivers by Landlord or
Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or
condition.
21. Headings.
The headings used in this Lease are for convenience of the parties only and shall not be
considered in interpreting the meaning of any provision of this Lease.
22. Successors.
The provisions of this Lease shall extend to and be binding upon Landlord and Tenant
and their respective legal representatives, successors and assigns.
23. Consent.
Landlord shall not unreasonably withhold or delay its consent with respect to any matter
for which Landlord's consent is required or desirable under this Lease.
24. Compliance with Law.
Tenant shall comply with all laws, orders, ordinances and other public requirements now
or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all
laws, orders, ordinances and other public requirements nor or hereafter affecting the Leased
Premises.
Commercial Lease Agreement-Federal Building 2006
Page 6 of 7
, . .
15. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the
subject matter hereof. This Agreement may be modified only by a further writing that is duly
executed by both parties.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
above written.
Ernie Wentrcek, Mayor Randy S' , Coun Judge
City of Bryan, Texas Braz County, Texas
ATTEST:
U ^ Z-a
Mary Lynn Stratta, City Secretary
City of Bryan, Texas
ti
APPROVED AS
F7 b
Michael J. Cosent)no, City Attorney
Commercial Lease Agrcement-Fcderal Building 2006
ATTEST:
Christopher Kir Brazos County Sheriff
and CLEAR TEAM Director
Brazos County, Texas
Page 7 of 7
ORDER PROVIDING FOR THE COLLECTION OF A
TWO PERCENT HOTEL OCCUPANCY TAX
Whereas, Chapter 352 of the Texas Tax Code was amended to authorize Brazos County
to impose a two percent hotel occupancy tax; and,
Whereas, the amendment to Chapter 352 of the Texas Tax Code became effective on
June 15, 2007; and,
Whereas, Brazos County desires to collect the hotel occupancy tax authorized by the
amendment to Chapter 352 of the Texas Tax Code.
Now, Therefore, Be It Resolved that Brazos County Orders that a two percent county
hotel occupancy tax be collected beginning September 1, 2007, in accordance with the
provisions recorded below.
HOTEL OCCUPANCY TAX
1.0 DEFINITIONS
The following words, terms, and phrases are, for the purpose of this section, except
where the context clearly indicates a different meaning, defined as follows:
1.1 Hotel shall mean any building or buildings, trailer, or other facility, in which the
public may, for a consideration, obtain sleeping accommodations. The term
shall include hotels, motels, tourist homes, houses or courts, lodging houses,
inns, rooming houses, or other buildings where rooms are furnished for a
consideration, but hotel shall not be defined so as to include hospitals,
sanitariums, or nursing homes.
1.2 Consideration shall mean the cost of the room, sleeping, space, bed or other
facility in such hotel and shall not include the cost of any food served or
personal services rendered to the occupant of such room not related to the
cleaning and readying of such room, sleeping space, bed or other facility for
occupancy.
1.3 Occupant shall mean anyone who, under a lease, concession, permit, right of
access, license, contract, or agreement, pays for the use or possession or for
the right to the use or possession of a room that is in a hotel, costs $2 or more
each day, and is ordinarily used for sleeping.
1.4 Person shall mean any individual, company, corporation, or association
owning, operating, managing, or controlling any hotel.
Order #07-003 1 of
Revised 04/01/2008
L_M6nr
1.5 Quarterly Period shall mean the regular calendar quarters of the year, the first
(1n quarter being composed of the months of January, February, and March;
the second (2"d) quarter being the months of April, May, and June; the third
(3rd) quarter being the months of July, August, and September; and the fourth
(4"') quarter being the months of October, November, and December.
1.6 Permanent Resident shall mean any occupant who has or shall have the right
to occupancy of any room or rooms, sleeping space, or other facility in a hotel
for at least thirty (30) consecutive days during the current calendar year or
preceding year.
2.0 LEVY OF TAX; RATE; EXCEPTIONS
2.1 There is hereby levied a tax upon the cost of occupancy of any room or space
furnished by any hotel where such cost of occupancy is at the rate of Two
Dollars ($2.00) or more per day, such tax to be equal to two percent (2%) of
the consideration paid by the occupant of such room to such hotel.
2.2 No tax shall be imposed hereunder upon a permanent resident.
2.3 No tax shall be imposed hereunder upon the United States or an officer or
employee of the United States when traveling on or otherwise engaged in the
course or official duties for the United States.
2.4 Exemptions described in Section 352.007 of the Texas Tax Code.
3.0 COLLECTION
3.1 Every person owing, operating, managing, or controlling any hotel shall collect
the tax imposed in subsection B hereof for Brazos County.
4.0 REPORTS AND PAYMENTS
4.1 A person required hereby to collect the tax imposed by this section shall pay
the tax collected to the Brazos County Treasurer's Office and include with the
payment a report stating:
4.1.1 The consideration paid for all room occupancies during the
designated reporting period;
4.1.2 The amount of exemptions (Section 2) from the Hotel Occupancy Tax
during the reporting period;
4.1.3 The amount of tax collected on the County's behalf;
4.1.4 The amount of penalties due (Section 6); and
4.1.5 Any other information on a form promulgated by the Treasurer's
Office.
Order #07-003
Revised 04/01/2008
2 of 5
4.2 Except as provided by Subsection 4.3, each calendar month is a reporting
period, and the taxes collected under this Order are due and payable on or
before the last business day of the month following the month of collection.
Payments mailed must have a postmarked date on or before the last day of
the month following the prior month's collection.
4.3 If a taxpayer collected less than $1,500.00 for the prior calendar quarter, the
taxpayer qualifies as a quarterly filer having a reporting period of a calendar
quarter, the taxes are due and payable on the last day of the month following
the calendar quarter of collection. Payments must have a postmarked date on
or before the last day of the month following the prior quarter's collection.
5.0 RULES AND REGULATIONS
5.1 Brazos County shall have the power to make such rules and regulations as are
necessary to effectively collect the tax levied herein, and shall upon reasonable
notice have access to books and records necessary to enable the County to
determine the correctness of any report files as required by this section and
the amount of taxes due under the provisions of this section. Each person
required to collect the tax imposed herein shall make those records available
within Brazos County, upon request.
6.0 PENALTIES
6.1 Failure to File or Filing False Report
6.1.1 If any person required by the provisions of this section to collect the
tax imposed herein, or make reports as required herein, and pay to
the Treasurer's Office the tax imposed herein, shall fail to collect
such tax, file such report, or pay such tax, or if any such person shall
file a false report, such person shall be deemed guilty of a
misdemeanor.
6.1.2 If the owner fails to report when required or pay the tax when due,
the owner shall pay a penalty of five percent (5%) of the amount of
the tax due.
6.1.3 Delinquent taxes and accrued penalties draw interest at the rate of
10 percent a year beginning 60 days after the date on which the tax
was due.
6.1.4 The county attorney may bring suit against a person who is required
to collect the tax imposed by this chapter and pay the collections
over to the county and who has failed to file a tax report or pay the
tax when due to collect the tax not paid or to enjoin the person from
operating a hotel in the county until the tax is paid or the report
filed, as applicable, as provided by the court's order. The remedy
provided by this subsection is in addition to other available remedies.
Order #07-003 3 of
Revised 04/01/2008
MA ":23 ~
6.2 Tax Assessments
6.2.1 If the operators of any hotel shall fail to file a report for any period
as required by this Order, or shall fail to pay the tax for any period as
required by this Order, then the treasurer is hereby authorized to
make an assessment of the tax for such period. The tax assessed,
together with any penalties provided by this section, shall be a prior
and superior lien on all property of the hotel.
7.0 USE OF REVENUE
7.1 The commissioners court by contract may delegate to a person, including
another governmental entity or a private organization, the management or
supervision of programs and activities funded with revenue from the tax
authorized by this order. The commissioners court in writing shall approve in
advance the annual budget of the person to which it delegates those functions
and shall require the person to make periodic reports to the commissioners
court at least quarterly listing the expenditures made by the person with
revenue derived from the tax authorized by this order. The person must
maintain revenue provided from the tax authorized by this order in a separate
account established for that purpose and may not commingle that revenue
with any other money. The commissioners court may not delegate to any
person the management or supervision of its tourist and convention programs
and activities funded with revenue from the tax authorized by this order other
than by contract as provided by this order. The approval by the
commissioners court of the county of the annual budget of the person to
whom the commissioners court delegates those functions creates a fiduciary
duty in the person with respect to the revenue provided by the tax authorized
under the contract.
7.2 A person with whom a county contracts under this order shall maintain
complete and accurate financial records of each expenditure of hotel
occupancy tax revenue made by the person and, on request of the
commissioners court of the county or other person, shall make the records
available for inspection and review to the commissioners court or other person.
7.3 Hotel occupancy tax revenue spent for a purpose authorized by this section
may be spent for day-to-day operations, supplies, salaries, office rental, travel
expenses, and other administrative costs only if those administrative costs are
incurred directly in the promotion and servicing expenditures authorized by the
applicable provisions of this order governing the use of revenue by Brazos
County.
7.4 County hotel occupancy tax revenue may not be spent for travel for a person
to attend an event or conduct an activity the primary purpose of which is not
directly related to the promotion of tourism and the convention and hotel
industry or the performance of the person's job in an efficient and professional
manner.
Order #07-003 4 of
Revised 04/01/2008
7.5 Revenue derived from the tax authorized by this order is to be expended in a
manner directly enhancing and promoting tourism and the convention and
hotel industry as permitted by the applicable provisions of this order governing
the use of revenue by Brazos County. That revenue may not be used for the
general revenue purposes or general governmental operations of Brazos
County.
7.6 Brazos County shall spend at least 45 percent of the revenue from the tax on
marketing projects that directly promote tourism, hotel, and convention
activity.
7.7 The county shall produce an annual report indicating the tourism, hotel, and
convention activity attributable to events held at facilities that receive money
from the tax.
7.8 The county shall create an advisory committee of seven members to oversee
spending of the tax. The committee shall include at least two representatives
from the hotel industry.
8.0 EFFECTIVE DATE and EXPIRATION DATE
8.1 This section shall be and become effective on and after September 1, 2007
and shall expire on September 1, 2015.
Adopted the 28"' day of. August, 2007.
Revised this the 1st day of April, 2008.
Randy
ATTEST;
aren McQueen
Brazos County Clerk
unty Judge
Order #07-003 5 of 5
Revised 04/01/2008
REQUEST FOR SALVAGE DESIGNATION
1. Duplexer & Printer Tray Unknown if functional
2. GE Color TV Does not work
3. Office Chairs (3)
4. GE Slimline telephone
5. Phonemate phone answering system
6. Caller I.D. Unit
Broken
Unknown if working
Unknown if working
Unknown if working
THE ITEMS LISTED ABOVE (#1 - 6) ARE
APPROVED FOR SALVAGE DESIGNATION:
Randy Siir}, County Judge
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REQUEST FOR PROPOSAL
NO. 2008-023
INTERNET SERVICE PROVIDER FOR COURTHOUSE COMPLEX
MANAGED NETWORK SOLUTIONS
A. Time to provision the entire service 0 days
B. Connectivity at 6 Mbs; sustained, and full-duplex: $125.00 per orbit/
$750.00 for 6 mb per month
C. Equipment Purchase: none
D. Equipment Lease; Monthly rate: N/A
E. Installation Cost: None
Approved: )
Judge Randy Sims Date
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to extend Annual
Contract forTruck Scale Maintenance, in accordance with all terms and
conditions previously agreed to and accepted, and with no increase in
price.
I understand this agreement will be for the period beginning 4/3/08
through 4/2/09.
FAIRBANKS SCALES
uthcrized Signature
BRAZOS COUNTY
AP
Sims, County Judge
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Purchasing Department
300 EAST 26TH STREET SUITE 117 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
Pat Howard, Purchasing Agent
Charles Wendt, Assistant Purchasing Agent Marcia Mann, Senior Buyer
MEMORANDUM
To: Commissioners Court
From: Marcia Mann, Senior Buyer
Re: Renewal of Annual Contract for Poly Jute
Date: March 4, 2008
Purchasing requests approval to renew the current contract to supply Poly Jute with
DeWitt Company for an additional year. Price would be increased approximately 3% over
last year but no other price quotations were received; therefore, contract renewal is
recommended.
Thank you.
APPROVED:
Sims, County Judge
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date
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02/25V2008 12:58 FAX 15794719137
04/0,5/3007 10:10 FAX 15794713137
Prm w-_rw
Tensile Strmgb
(foffnedy A" M 682)
+Tm Wlo ElvnSssioa '
Minks, Bnrtt Suenatb
Mass Per Unit Area
Ap"are Sine
Modstwe Absorption
Smolder Rasivmm=
color
mint Ian"
ASTM n4632
ASTM DS035
DeWitt Company
DeWitt company
ASTM 1)4632
as'7U DS03S
AS7M 3786
ASTM D3262
UWmm ed
ASTM DS70
FTMA•000-5-191 D
X/A
Q001
Woos
M ainum Average
Bayous Ibmkal MH2
3S x 20 rw 65 x 40 Mi.
450 x 230 lbo!$ 600 x 360 M&M
45'A max,
40% aaax.
75 psi
1.75 eztsy
.10 x .12 in.
.0156 (few.)
Yes
Beige or Natwal
30%
25%
123 psi
2.25 oysy
.15 x20 i>;.
.016 (maid.)
Yes
•VAlum for maahina and cross-unwhine duec tioms, mil actively, =Ww dry or satunsW cots Sdons.
4. Sine to be 115'x 4321 rolls. 10 bo
5. 8 Drugs sod staples to be r x V x 8" Packaged M eiw box.
6. Aey vsriaavr► from these spaeltleadons arwt be issdieated or Itre Quotation.
auarw'r~o~t:.
MTHE FOLLOWING QUANIIT ZS A29 l6,STDWATIM OF APMCZPATB.D TVRCHAMS AM WILL
DR USICD 0M JV PCX TAHULA170M P'URPOSEB. THE SPECIFIED EST MATES ARM NOT
GUARAWMED MMMUM6. P Lt. IN TIM HLAMM WPTH Mff PRIM THAT ARX EMMLI t
TM CONTRACT MR10D.
U~t, price ZcteadedYdFs
poly >~ous so 6 )9q, 8 ,ggg3, P
8 GvW Sod Staples 23zo. c0
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s■btl:s~m atteolloa St !'r!- 361-4293 er mama to a+a afro bra>cealttc nt, by MS. April 9v 2007.
Sbodd you hm any questions, plewe call we at 979-361-4294.
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'leaiae Buyer
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: March 4, 2008
ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line
installations in the right of way of Dillly Shaw Tap Road approximately 0.5 mile from its
intersection with FM 974. Site is located in precinct 2.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1. No work will be permitted between front slope and/or back slope.
2. All installation(s) shall be constructed in designated utility easements, if applicable. If no
utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-
of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test
shall be conducted by an independent geotechnical testing firm; copies of all test results shall
be furnished to the office of the Brazos County Engineer.
5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways, published by the Texas Department of
Transportation, and all other State and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVES:
SUBMITTE BY: APPR ED BY-
l~ r
Ric and F. Vance, P.E. ommissioner E. Duane Peters
County Engineer Precinct 2
CC2008-014
This Request is Apr ved ZDenied ❑ by Commissioners' Court
Date:
Randy Serbs, County Judge
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REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given that (applicant) _ Wickson Creek Special Utility District
proposes to place a (type) waterline within across the right-of-way of
(road) DILLY SHAW TAP ROAD in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector, may
inspect the actual installation.
2. All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same
become necessary due to widening or lowering, or other alteration of
the roadway or right-of-way.
4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. The line will be constructed and maintained on the County right-o'-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24")
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7. All sites will be barricaded during the construction period.
Construction of this line will begin on or after the 4_tjoay of MARCH , 20_g.
APPROVED BY COMMISSIONERS'
COURT N:
Date j
Firm: Wick n Creek Special Utility District
By: ,2
Title: General Manager
Address: B. o. Box 4756
Bryan, Texas 77805
Phone. 979-589-3030
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